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onCue v1.2 beta
non-commercial distribution licence

The copyright and all other intellectual property rights in

this version of the onCue software (the "Software") are

owned by us, aQtive limited ("aQtive").

1.  Licence Terms

  1.1  We grant you a non-exclusive licence to use the

       Software on the terms contained within this licence

       agreement (the 'Licence').

  1.2  Save as permitted in this Licence or by English

       law, you are not permitted:

       a.  to sell, transfer, rent, lease, sub-licence or

           loan the Software to any third party or

           transfer or sub-licence your rights under this

           Licence to any third party; or

       b.  to copy, modify, adapt, merge, translate the

           Software or any part of it or create derivative

           works based on the whole or any part of the

           Software; or

       c.  to reverse engineer, decompile or disassemble

           the Software.

  1.3  To the extent that English law gives you the right

       to decompile the Software in order to obtain

       information necessary to render the Software

       interoperable with other computer programs, we

       undertake to make that information readily

       available to you where you have the right to such

       information. We shall have the right to impose

       reasonable conditions such as a reasonable fee for

       doing so. In order to ensure that you receive the

       appropriate information, you must first give us

       sufficient details of your objectives and the other

       software concerned. Requests for the appropriate

       information should be made to us at the e-mail

       address shown at the bottom of this document.

  1.4  You acknowledge that if any third party software is

       provided to you (the "Third Party Programs") by us,

       then your use of it is subject to the Third Party

       Programs licence agreement which will either

       accompany the software in a separate text file or

       which will be accessible from within the software

       itself. You agree to comply with the terms of any

       such licence.

  1.5  Where the Software is expressed to be a beta

       version, your use of the Software is subject to you

       registering at the aQtive web site.

  1.6  You agree that you will not use nor distribute the

       Software for commercial or for profit purposes.

2.  Distribution and Customisations

  2.1  You may distribute the Software, subject to the

       following conditions:

       a.  You must be a registered user of the aQtive

           website: www.aQtive.com;

       b.  You must register your intention to distribute

           the Software, using the on-line aQtive

           Development Partners Form which is available at

           the aQtive website;

       c.  You must use your reasonable endeavours to

           ensure that users to whom you distribute the

           Software register their copy of the Software;

       d.  You must obtain the agreement of each party to

           whom you wish to distribute the Software that

           their use of the Software is subject to the

           terms and conditions contained in this Licence.

       e.  No charge may be made by any party, user,

           distributor (other than aQtive) for the

           Software. If there is any charge for

           distribution media, overheads, packing, other

           hardware and/or software distributed with the

           Software, or any charge for any other reason,

           then the distribution must expressly make it

           clear that the Software itself is free of


       f.  The Software must be expressly and clearly

           identified as belonging to aQtive;

       g.  The website from which the Software is made

           available or the media on which the Software is

           distributed must contain a clear reference to

           the following: "onCue is a product of aQtive

           limited, www.aqtive.com";

       h.  If the Software is distributed from a website,

           then the "www.aqtive.com" domain name referred

           to in Clause 2.1((g)) above must be presented

           as a live hypertext link to the aQtive website.

       i.  If the Software is distributed,  you must

           inform aQtive where the Software is being

           distributed from, including, if the Software is

           distributed or made available from a web site,

           the web address; and, when known, approximate

           numbers of recipients.

  2.2  Customisations to the Software for commercial

       distribution or for distribution for profit are not

       allowed to be undertaken by you or on your behalf

       under this Licence and require a separate licence

       from aQtive.  (The term 'commercial distribution'

       includes, but is not limited to: the distribution

       of the customised Software for profit, distributed

       through electronic or physical channels for which a

       charge is made, customisations that direct the user

       of the Software towards commercial web sites

       whether owned by the distributor or not,

       customisations to access non-publically available

       services such as corporate databases or intranets,

       and customisations to improve access to commercial

       materials such as CD-Rom.)

  2.3  Customisations made by you to the Software for non-

       commercial distribution are subject to the

       following additional conditions:

       a.  Only the customisations using the approved

           mechanisms on the aQtive website or the

           customisations made via the Software's

           application programming interface (details of

           which aQtive will provide on request) are

           permitted.  The Software may not be modified or

           customised in any other way;

       b.  Subject to Clause 2.3(c), the customised parts

           you develop ("Qbits") must be clearly and

           expressly identified as being developed by you

           and not associated in any way with aQtive;

       c.  Where Qbits have been produced by you using

           aQtive wizards, the distribution must include

           the words: "produced using aQtive on-line

           wizards, www.aqtive.com/wizards/"

       d.  The Software may not be used with any Qbits

           which have been: (i) created other than in

           accordance with this Licence; or (ii) which you

           have not distributed with the Software in

           accordance with the provisions of this licence.

  2.4  You may customise the Software for personal and

       demonstration purposes subject to the following

       conditions and the other conditions contained in

       this Licence:

       a.  such customised Software cannot be distributed

           except insofar as this is essential for

           demonstration purposes;

       b.  any distribution under (a) must be to named

           individuals only, and not to more than 10 such 

           individuals.  If you wish to distribute the

           Software to more than 10 such individuals, then

           you must first obtain the prior written consent

           of aQtive;

       c.  any distribution under (a) must be of limited

           duration, meaning that copies of the customised

           Software should not reside on or be used on

           multiple machines for more than a maximum of 30


       d.  You may not make the customised Software

           available from any website.

       e.  we make no warranties for such customised


       Note that 'demonstration' explictly includes use as

       a demonstrator in student or research projects and

       time-limited small-scale feasability studies with a

       view to subsequently requesting a licence for

       future commercial use (which aQtive may at its sole

       discretion grant or decline).

2.5  You hereby license aQtive to advertise the

       existence of customised versions of the Software

       distributed under this Licence.  To facilitate

       this, if you distribute customised Software you


       a.  Make all icons and other graphics used in the

           customised Software available to aQtive

           (normally via email attachment to development-

           partners@aqtive.com) and grant aQtive the non-

           exclusive licence to use said icons and

           graphics and also any screenshots of the

           customised Software for publicity purposes.  If

           you are unable to lawfully provide a licence to

           aQtive for any intellectual property rights in

           such customisations, you must notify aQtive of


3.  Termination

  3.1  This Licence will terminate automatically if you

       fail to abide by its terms. Upon termination you

       shall destroy all copies of the Software and the

       Documentation in your possession including any

       copies of the Software stored on the hard disk of

       any computer under your control.

  3.2  Since aQtive is making the Software available to you

       free of charge, you acknowledge and agree that aQtive may

       terminate the licence and the Licence at any time by

       providing notice on its website (www.aqtive.com) or by

       providing notice to you of such termination. Furthermore,

       aQtive may modify any of the terms of this Licence

       (providing that they do not retrospectively impose

       liability upon you) provided that aQtive informs you of the

       modifications which have been made, and you agree that your

       use and distribution of the Software from then will be

       subject to such revised terms and conditions.

4.  Warranties

  4.1  Since the Software is being provided to you free of

       charge, the Software is provided on an "as is"

       basis and we accept no responsibility for the

       selection of the Software to achieve your aims and

       you are solely responsible for its use.

  4.2  While care has been taken to protect the integrity

       of the Software, we do not warrant that the

       Software is free from viruses or encoded

       information that may affect your other software or

       hardware operated by you. You are responsible for

       running your own appropriate virus scans or checks

       on the Software before you use it.

  4.3  If you use the Software in the course of your

       business, then the express terms of this Licence

       are in lieu of all warranties, conditions,

       undertakings, terms and obligations implied by

       statute, common law, trade usage, course of dealing

       or otherwise all of which are hereby excluded to

       the fullest extent permitted by law.

  4.4  We do not warrant that the Software will meet your

       requirements or that the operation of the Software

       will be uninterrupted or error-free or that defects

       in the Software will be corrected. You shall use

       the Software at your own risk and in no event will

       we be liable to you for any consequential or

       indirect loss or damage of any kind (except where

       arising from personal injury or death resulting

       from our negligence or arising from fraudulent

       misrepresentations) or for lost profits, revenues,

       anticipated savings or data arising from your use

       of, or inability to use, the Software or from

       errors or deficiencies in it whether caused by

       negligence or otherwise except as expressly

       provided herein.

  4.5  We do not provide any warranties or accept any

       liability in relation to any supplied Third Party

       Programs as we have no influence or control in

       their development. However, we will wherever

       reasonably possible, assign to you the benefit of

       any warranties which we receive in relation to the

       Third Party Programs, on your request.

5.  Law

  5.1  This Licence shall be governed by and construed in

       accordance with English Law.

If you wish to distribute the Software in any way which

falls outside these conditions or are unsure, or if you

have any questions concerning this Licence, then please

contact us at development-partners@aqtive.com

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