|Package title:||GUIDE - Games with UML for Interactive Design Exploration version 0.1|
|License:||The University of Edinburgh Academic Non-Commercial License|
In downloading this package, I agree to the license below and agree to be bound by the terms in the country in which I am permanently resident.
The University of Edinburgh Academic Non-Commercial Licence for [GUIDE - Games with UML for Interactive Design Exploration ] Copyright (C), , The University Court of the University of Edinburgh, Old College, Edinburgh, UK PLEASE READ THIS ACADEMIC NON-COMMERCIAL LICENCE ("THE LICENCE") CAREFULLY. THE UNIVERSITY COURT OF THE UNIVERSITY OF EDINBURGH, OLD COLLEGE, EDINBURGH, EH8 9YL, UK ("EDINBURGH") ACTING THROUGH THE ITS SCHOOL OF INFORMATICS, INFORMATICS FORUM, 10 CRICHTON STREET, EDINBURGH, EH8 9AB, UK HAS DEVELOPED THE [GUIDE - Games with UML for Interactive Design Exploration ] ("SOFTWARE") AND IS WILLING TO GRANT YOU A LICENCE TO SOFTWARE ON THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING ON THE 'ACCEPT' BUTTON, YOU ("THE USER") ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS LICENCE, EDINBURGH GRANTS NO LICENCE TO USE SOFTWARE, AND THEREFORE YOU SHOULD CLICK ON THE 'REJECT' BUTTON TO EXIT THIS PROCESS. IN ORDER TO COMPLETE THIS PROCESS, WE REQUEST THAT YOU PROVIDE US WITH CERTAIN PERSONAL INFORMATION. THE PERSONAL INFORMATION THAT WE COLLECT WILL ONLY BE USED BY US FOR ADMINISTRATIVE PURPOSES. IT WILL NOT BE PASSED ON TO OTHERS WITHOUT YOUR CONSENT. This Licence is made on the date on which the User clicks on the 'ACCEPT' button between Name of individual or institution: Address: City, postal code, country: represented for the purpose of the signature of this Licence by Name: Email: Telephone: Fax: (`the User') and the University Court of the University of Edinburgh Old College, South Bridge, Edinburgh EH8 9YL (`Edinburgh') LICENCE CONDITIONS 1 Ownership 1.1 Edinburgh is the owner and proprietor of copyright, database right and all other intellectual property rights in and to SOFTWARE and related documentation. 1.2 SOFTWARE is confidential and proprietary to Edinburgh and Edinburgh retains title and ownership of SOFTWARE and related documentation at all times. All copies of SOFTWARE and related documentation are the property of Edinburgh regardless of the medium in which such copies may exist. 1.3 The User undertakes to adopt any security measures needed to protect Edinburgh's copyright, database right and other intellectual property rights in SOFTWARE and related documentation and undertakes to take all reasonable steps to ensure that no unauthorised use is made of SOFTWARE and related documentation. 2 Licence 2.1 Subject to the conditions of this Licence Edinburgh grants to the User a limited non- exclusive, non-transferable, world-wide, royalty-free licence to use the SOFTWARE, without the right to sub-licence, on computers within the possession or control of the User and to make any necessary copies for back-up. 2.2 The User undertakes to use SOFTWARE and related documentation only for internal, non-commercial, non-profit educational and research purposes. 2.3 The User may disclose SOFTWARE only to those of its employees who have a need to know and access SOFTWARE provided that (i) such employee's use of SOFTWARE takes place exclusively on computers controlled by the User and (ii) the User has appropriate written agreements with such employees to enable the User to comply with the conditions of this Licence. 3 Licence Restrictions 3.1 The User may, for internal use only, enhance, modify, expand and create derivative works of the SOFTWARE and may, for internal use only, merge or incorporate in whole or in part the SOFTWARE into third party owned computer code. Any and all such incorporations shall include a text file containing the terms of this licence. Any and all such modifications shall be considered part of the SOFTWARE and shall be subject to the terms of this licence. 3.2 The User may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on SOFTWARE except as expressly permitted by law or by this Licence. 3.3 The User may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of SOFTWARE, on a temporary or permanent basis, without the prior written consent of Edinburgh and subject to any conditions imposed by the Edinburgh. 4 Term 4.1 Subject to condition 4.2 the licence shall be for an initial period of Twelve Months from the date the User accepted these conditions and shall remain in force thereafter unless and until terminated in accordance with the terms of condition 4.2. 4.2 This licence may be terminated by: 4.1.1 the User at any time by destroying its copy of SOFTWARE together with all copies in any form and notifying Edinburgh in writing of such destruction; and / or 4.1.2 Edinburgh at any time by notice in writing to the User if the User fails to comply with any material term or condition of this licence provided that the User has not cured the failure to comply in all material respects within 60 days of the date of the User's receipt of such notice. 4.3 The User agrees upon expiry or termination of this licence to cease use immediately of the SOFTWARE and to destroy forthwith its copy of SOFTWARE together with all copies in any form. Such termination shall be without prejudice to any claim which Edinburgh may have for damages and/or otherwise. 5 Acknowledgement 5.1 If the User publishes any papers the content of which has in way involved or benefited from the use of SOFTWARE, then the User must include in such publication a written acknowledgement that SOFTWARE was used, that SOFTWARE is the property of the University Court of the University of Edinburgh and that SOFTWARE was used under licence from Edinburgh. 6. No Maintenance 6.1 Edinburgh is not obliged to provide any maintenance, fault correction, patches, technical support or updates to the User for SOFTWARE. 7 Disclaimer of Warranty and Limitation of Liability 7.1 EDINBURGH GIVES NO WARRANTY TO THE USER THAT SOFTWARE IS FREE FROM DEFECTS OR FAULTS. SOFTWARE IS PROVIDED"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDINBURGH MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF SOFTWARE FOR ANY PURPOSE. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDINBURGH AND / OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSS AND / OR DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; FAILURE TO MAKE ANTICIPATED SAVINGS; COSTS OF WASTED TIME; COSTS OF MISSED BUSINESS OPPORTUNITIES; GOODWILL; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR DELICT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF, OR INABILITY TO USE, THIS SOFTWARE, EVEN IF SUCH WAS REASONABLY FORESEEABLE OR IF EDINBURGH AND / OR ITS EMPLOYEES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS AND / OR DAMAGE. EDINBURGH DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLICENCE OF EDINBURGH OR ITS EMPLOYEES. 8 No waiver 8.1 Failure by Edinburgh to exercise or enforce any rights in this licence shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter. 9 Indemnification 9.1 The User agrees to indemnify and keep indemnified at all times Edinburgh on demand against any liability, loss or damage incurred by Edinburgh which arises directly or indirectly out of any breach of any of the undertakings or obligations on the part of the User contained in this licence or in respect of the use of SOFTWARE by the User howsoever arising (save for such liability, loss or damages directly and solely caused by the wilful negligence of Edinburgh). 10 Notices 10.1 Any notice shall be deemed given when received by the other party. 11 Entire Licence and Severability 11.1 This licence constitutes the entire agreement between Edinburgh and the User with respect to the subject matter hereof and supersedes all prior written or oral understandings, communications or agreements. This licence may be modified only by written agreement duly signed by authorised representatives of both Edinburgh and the User. 11.2 If any part of the conditions or exclusions contained in this licence is held to be void or unenforceable, such part shall be deemed to be deleted from this licence and the remainder of the provision in question shall continue in full force and effect. 12 Employee authorisation warranty 12.1 If a person who is an employee completes this Licence and the SOFTWARE is to be used for the purposes of the business in which that person is employed then the person completing the Licence warrants to Edinburgh that s/he is authorised to enter into this Licence. 13 Use and Export Control 13.1 THE SOFTWARE MUST NOT BE 13.1.1 EXPORTED TO ANY COUNTRY ON WHICH EXPORT RESTRICTIONS ARE CURRENTLY IMPOSED BY ANY LEGISLATION, REGULATIONS, ORDERS OR OTHER RESTRICTIONS MADE FROM TIME TO TIME BY EITHER THE UNITED KINGDOM OR THE EUROPEAN UNION; AND / OR 13.1.2 USED (IN WHOLE OR PART) CONTRARY TO ANY RESTRICTION ON USE IMPOSED BY ANY LEGISLATION, REGULATIONS, ORDERS OR OTHER RESTRICTIONS MADE FROM TIME TO TIME BY EITHER THE UNITED KINGDOM OR THE EUROPEAN UNION. 14 Governing Law 14.1 This licence shall be governed by and construed in accordance with the law of Scotland and the parties hereby prorogate the exclusive jurisdiction of the courts in Scotland. INFO055 – Academic licence version 1.1 AF 02.06.03 Page 5 of 5 INFO055 – Academic licence version 1.1 AF 02.06.03 - 1 -
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