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Elecuter Standard Licence Agreement

Version 1.03.0004

Updated 14^th October 2004

(1) Introduction

These terms are the basic terms and conditions that apply to all Elecuter products made publicly available, including products available for download from this site, "http://www.elecuter.co.uk/". This includes all software products released under the "Cool Vid Software" banner as well as products (including software programs) released by other departments within Cool Vid including, but not limited to, Cool Vid Computers and Cool Vid Circuits.

These terms also apply to Elecuter software products downloaded from other web sites. This includes official Cool Vid sites, such as the corporate web site (http://www.coolvid.co.uk/), as well as other general software archive web sites.

In the following paragraphs, YOU, YOUR etcetera applies to the end-user of the product, the licensee; the PRODUCT applies to all software packages and other distributable products that refer to this agreement. ELECUTER, WE, US etcetera apply to the company imposing these terms, the licensors. At the present time this refers to the proprietor, David Gould.

Certain programs contain licences with further terms that are only applicable to that product. As well as appearing in the licence agreement, they appear in additional file named ADDLIC.TXT, in order to allow you to clearly see that additional terms apply. It is your responsibility to verify that you agree to the additional terms contained within. Unless specified, these terms are in addition to those contained within this agreement.

(2) Commencement and termination of this agreement

By positively acquiring any product released by Elecuter, or by using any such product, you agree to be bound by this licence agreement.

The term "positively acquiring" refers to all of the following:

Visiting the Elecuter web site, and clicking on any link to a software product. Even if the product is not completely downloaded, the part acquired is covered by this agreement.
Visiting any other web site, including but not limited to software directories and similarly clicking a link in order to download any part of an Elecuter product.
By using an Elecuter product save for the sole purpose of reading this licence agreement. This includes, for example, magazine cover discs or discs from friends.

The term "usage" refers to installing or executing a product on either your system or that of a third party.

In the case where a product is installed on a third party's machine, it is the third party's responsibility to read and agree to be bound by this agreement. By the owner of a computer allowing another to complete such a task implies agreement to the terms of this licence. The installer is liable to alert the third party to the presence of this agreement, and to ensure they understand their obligations herein.

Termination of this agreement occurs after you cease to use the product, and have destroyed your primary copy of the product. Thereafter you should destroy all other copies of the product at your convenience.

Additionally, Elecuter reserves the right to terminate a licence at any time, without prejudice, under any circumstances, including involvement with legal proceedings. When this occurs, you must cease to use the software and remove all copies of the product at your convenience. (You may not use any copies of the product after this time.)

(3) Breach of agreement

If you breach this agreement in any way, Elecuter may take legal action against you.

Once in breach of this agreement, you must destroy your collection of copies of the product as though you were wishing to terminate the agreement (see paragraph (2) for more details).

(4) Right to change agreement

Elecuter reserves the right to change the terms of this and any other sub-licence agreement at any time, without prejudice. When a change to this agreement occurs, all registered users will be informed immediately, and notification of the change will be posted on the Elecuter web site.

Such a change to these terms applies immediately to all new acquisitions of Elecuter products.

Redistributers are obliged to change any distributions, on whatever medium in order to comply with the new agreement, and include a copy of the new agreement with all new distribution media produced after this time, wherever practical. In the case where such a change is not practical, notices should be displayed to users beforehand that imply verification of current terms available from Elecuter (primarily on the web site).

(5) Declaration of freedom

All Elecuter products available for download are available with no attached charges imposed by us. Charges may be imposed by your Internet Service Provider, or shareware/no-feeware supplier. YOU are responsible for all fees regarding the acquisition of the product.

All products, once acquired by any means, are declared as Free Shareware. This means that you are free to download and redistribute all items at your own free will, as long as:

No charge is made for the product itself.

This does not include fees which you may charge for any media or network connection charges imposed for the transfer of the product.
The product(s) are distributed in its/their original form, and are distributed as complete packages.
Users are advised of all the terms of this agreement, and are informed where they can view a copy (i.e. at http://www.elecuter.co.uk/.)

Certain Elecuter items may impose some limitation to this right as they may contain code that is thought to be faulty, incomplete, or could pose a security risk to Elecuter, a third party, her majesty's government etcetera.

There is no implication that any software distributed is fit for any particular purpose as outlined in section 10 below.

ELECUTER RESERVES THE RIGHT TO IMPOSE RESTRICTIONS ON THE DISTRIBUTION OF ANY SOFTWARE PRODUCT AT ANY TIME, WITH OR WITHOUT PREJUDICE FOR ANY REASON THAT ELECUTER SEES FIT.

(6) Imposed restrictions

Elecuter works hard to produce products which are of high quality. As a result, we do not want third parties to take credit for our work. There are therefore the following restrictions:

Redistribution of all products is only permitted if they are distributed in their original form.
Components of a product are part of that product are just that. They may not be removed and distributed separately, even if the relevant licence agreement(s) are distributed alongside.
Source code is the property, and remains the property of Elecuter. You may be given access to such source code from time to time. You may use the source code for your own personal or business purposes, excepting that you may not redistribute any software based on the source code outside of your household or organisation respectively.

(7) Registration of Software

It would be appreciated, if you would be so kind, for you to register with VidNet, so that the extent of the use of Elecuter products can be maintained for statistical purposes, and so that you can be kept up-to-date with changes to this agreement, and details of updates to the software. It is hoped that the majority of users will sign up for this service irrelevant of the means employed in acquiring any product.

Your details will be stored for several purposes. On no circumstances will Elecuter pass on your details to any third party (except for any of her majesty's government departments, or if necessary information is required in a legal case). For more details, please consult the relevant agreement at http://www.elecuter.co.uk/.

You need not register each individual software package in use.

(8) Reporting of bugs

Elecuter products are released on the understanding that they may not be completely error-free. As a result, you are requested to report any problems, or "bugs", to Elecuter, so that the software can be modified for a later release.

Elecuter reserves the right not to respond to every bug report. However, we will attempt to make changes within a reasonable time if we see fit.

Elecuter provides a feedback form so that bugs can be reported at:

http://www.elecuter.co.uk/misc/feedback.php

(9) Waiver

If, at any time, Elecuter allows any term to be waivered, no other terms are affected by that waiver, i.e. they are still legally binding.

(10) Disclaimer of liability

ELECUTER ACCEPTS NO RESPONSIBILTY FOR ANY DAMAGE OR LOSS OF DATA, MONEY OR ANY OTHER ITEM THAT IS TANGIBLE OR OTHERWISE WHATSOEVER, THROUGH THE USE OR MISUSE OF ANY PRODUCT BY ELECUTER. ELECUTER PROVIDES THESE PRODUCTS FREE OF CHARGE, AND IS THEREFORE NOT LEGALLY OBLIGED TO WARRANT ANY SUCH PRODUCTS.

ELECUTER ATTEMPTS TO MAINTAIN PRODUCTS THAT FUNCTION AS DESCRIBED IN ANY AND ALL AUTHENTIC DOCUMENTATION, BUT CANNOT BE HELD LIABLE FOR ANY ERRORS WITHIN THE PRODUCT OR DOCUMENTATION.

As a result, please be aware that our products are not intended for use in life-support applications, devices or systems. Certain other applications using Elecuter products may involve potential risks of personal injury, property damage, or loss of life. Inclusion of Elecuter products in such applications is understood to be fully at your risk, if you are using Elecuter products for such purposes. In any legal proceedings involving Elecuter products, you must indemnify and hold Elecuter harmless.

Elecuter will never knowingly implement code which may be seen as malicious in any of its products, but we CANNOT BE HELD LIABLE IF ANY SUCH CODE APPEARS.

(11) Applicable Law

This agreement is covered by English Law, and English courts shall have jurisdiction over all cases pertaining to this agreement.