This document, the DreamCalc Software and associated materials are the property of Big Angry Dog Ltd.
Copyright © Big Angry Dog Ltd 2003-2015. All rights reserved.
The key points of the following license agreement are:
The following License Terms govern your use of the accompanying DreamCalc Software (the "Software"). Carefully read the following legal agreement (the "Agreement"), for the license of the Software by Big Angry Dog Ltd. By installing or using the Software, you, either as an individual or a legal entity, agree to be bound by and become a party to the Agreement. If you do not agree to all the terms of the Agreement, you should not install or use the Software. INDIVIDUAL USE OF THE SOFTWARE Subject to the terms of this Agreement, Big Angry Dog Ltd grants you, either as a private individual or a not-for-profit academic institute, the right to install and use the Software free of charge on any device that is primarily used by you for non-commercial activities. The Software may, however, remind you that it is being used in a "free mode" and/or limit the use of a subset of features until a non-transferable "upgrade option" is purchased. You may make copies of the Software installation file for backup purposes. Furthermore, you agree that you are responsible for ensuring that your use of the Software complies with all relevant laws under which it is operated. COMMERCIAL USE OF THE SOFTWARE Subject to the terms of this Agreement, Big Angry Dog Ltd grants you, as a commercial organisation, the right to use the Software for purposes of evaluation and test only. You are, however, required to license the Software separately in order to deploy and use it in a commercial or operational context. REDISTRIBUTION You may redistribute the Software to prospective users, provided the Software is distributed in its original unmodified set-up application, and all such distributed copies contain the original proprietary notices. You may not, however, charge for, re-sell, lease or sub-license the Software. You may not create derivative works based upon, or otherwise repackage, translate, adapt, modify, or integrate any other computer programs with, the Software. AUTHORIZED PARTNERS Big Angry Dog Ltd may allow the use of the Software in conjunction with an authorized partner organization (an "Authorized Partner"). For information purposes, Authorized Partners include, but are not restricted to, educational institutions where students study at home using their own computers. If you have legitimately obtained a copy of the Software through your association with an Authorized Partner, and subject to the terms of this Agreement, Big Angry Dog Ltd additionally grants you the right to install and use the Software, without fee, for the purposes related to your Authorized Partner (i.e. to study). This use of the Software is permitted for a limited period of time only (the "Permitted Time"), as agreed by Big Angry Dog Ltd with the Authorized Partner. If you wish to continue using the Software after the expiry of the Permitted Time, you must purchase a User License. If you do not wish to continue using the Software, you should uninstall it. Upon expiry of the Permitted Time, the Software will revert to Evaluation Mode in order to notify you that the Permitted Time has expired. Failure of the Software to exhibit the Evaluation Mode will not negate your obligation to uninstall the Software or to purchase a User Licence. RESTRICTIONS You may not reverse engineer, de-compile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You are expressly prohibited from circumventing any upgrade or "paid-for" feature restrictions in the Software. You may not disclose to anyone else license key information granted to you for use with this Software, and Big Angry Dog Ltd reserves the right to disable any keys that were provided to you in the event of disclosure. You acknowledge and agree that you are responsible for keeping your own record of the license keys granted to you, and that Big Angry Dog Ltd has no obligation to provide additional copies of license keys in the future in the event of loss. OWNERSHIP RIGHTS The Software is protected by copyright laws and international treaty provisions. Big Angry Dog Ltd owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in the Agreement. NEW VERSIONS OF THE SOFTWARE Big Angry Dog Ltd, in its sole discretion, reserves the right to add new features, or to provide fixes, updates and upgrades to the Software. You acknowledge and agree that Big Angry Dog Ltd has no obligation to make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of the Agreement, in the event that you want to install or use a new version of the Software. HIGH RISK ACTIVITIES The Software is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation or design of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Big Angry Dog Ltd expressly disclaims any express or implied warranty of fitness for High Risk Activities. DISCLAIMER THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG ANGRY DOG LTD EXCLUDES ALL LIABILITY FOR BREACH OF WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BIG ANGRY DOG LTD MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BIG ANGRY DOG LTD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, DAMAGES OF ANY CHARACTER AND BIG ANGRY DOG LTD IN PARTICULAR SHALL NOT BE LIABLE FOR LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES THAT ARE SIMILAR. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PATENT AND IDEMNITY Big Angry Dog Ltd is not aware of any third party having or claiming to have prior patent rights that may affect usage of the Software but gives no warranty or representation of any kind as to non-infringement of third party rights in this respect. TERM OF AGREEMENT This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination or expiration of the Agreement, you must destroy all copies of the Software. You may terminate the Agreement at any point by destroying all copies of the Software. Big Angry Dog Ltd may terminate the Agreement at any point by written or electronic notification. GENERAL PROVISIONS This Agreement sets out all your rights with respect to the Software and is the entire Agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Big Angry Dog Ltd shall have no liability for representations of any kind whether made before the Agreement was signed by the parties or in the Agreement itself. This Agreement may not be modified except by a written addendum issued by Big Angry Dog Ltd. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Big Angry Dog Ltd. If any provision of the Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect. In the event of a dispute over the interpretation of the Agreement, the court should rule in accordance with what it deems Big Angry Dog Ltd reasonably intended by the Agreement. Paragraph headings herein are for convenience only and shall not limit, in any way, the scope or interpretation of any provision in the Agreement. The Agreement is governed by the laws of England. You agree that the Agreement is valid when written in the English language only.
DreamCalc™ and Big Angry Dog™ are trademarks of Big Angry Dog Ltd.
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