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AQTIVE
LIMITED LICENCE
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
charge;
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
days;
d. You may not make the customised Software
available from any website.
e. we make no warranties for such customised
Software;
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
must:
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
this.
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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