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OAK evaluation copy licence


OPERIS ANALYSIS KITŪ Version 3
Copyright (C) 1998, 2006 Operis Business Engineering Limited
All Rights Reserved

SOFTWARE LICENCE AGREEMENT

THE FOLLOWING LICENCE AGREEMENT REGULATES ALL USE OF OPERIS ANALYSIS KIT ("OAK").

This is a legal agreement between you (either an individual or an entity) and Operis Business Engineering Limited. You should read the following terms and conditions carefully before using this software, as your use of OAK is your acceptance of this Licence Agreement and Warranty.

Grant of Licence

This Software Licence Agreement ("Licence") permits you to use one copy of OAK on one workstation or thin client/server terminal running Microsoft(R) Windows(TM). A separate Licence is required for each copy of OAK that has been installed even if it is not currently in use. OAK has been "installed" on a computer when it has been loaded into the temporary memory (i.e. RAM) or copied onto the permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer or if it has been accessed by a thin client/server terminal.

You may have access to OAK through a network, provided that you have obtained individual Licences for the software covering all workstations and thin client/server terminals that will access the software. Note that each workstation and thin client/server terminal must have its own Licence regardless of whether OAK is being used on all computers concurrently.

As shipped, OAK has full functionality for an evaluation period of thirty (30) days from first use. After this period has expired, you must register to continue to use the software. To register it is necessary to contact Operis Business Engineering Limited with the Product ID produced by OAK. You are entitled to a single Registration Key for each Licensed copy of OAK.

If you register OAK then this Licence will continue in perpetuity unless terminated.

Copyright

OAK is owned by Operis Business Engineering Limited and is protected by copyright laws and international treaty provisions. You may distribute OAK subject to the Rights and Limitations and as set out under the Distribution provision below.

Distribution

You may not sell, rent, loan, lease or sub-licence OAK in any manner. You are permitted to distribute copies of OAK at no charge provided this Licence accompanies all copies of OAK. This Licence will apply to all copies of OAK. All copies of OAK which are distributed will have full functionality for a period of thirty (30) days from first use. After this period has expired copies must be registered to continue to use the software. To register it is necessary to contact Operis Business Engineering Limited with the Product ID produced by OAK. You are entitled to a single Registration Key for each licensed copy of OAK.

You may not copy user documentation provided with OAK except for your own authorised use.

Rights and limitations

You may not reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of OAK.

You may not create derivative works from OAK.

You may not sublicence, rent or lease OAK.

You may not assign or transfer this Licence to a third party.

You may not attempt to bypass or defer registration of OAK.

You may not attempt to extend the evaluation period of OAK.

Limited Warranty

Operis Business Engineering Limited warrants that OAK will perform substantially in accordance with the user documentation for a period of thirty (30) days from the date of receipt. Any implied warranties on OAK are limited to thirty (30) days.

No other warranties

Except for the warranty set out above Operis Business Engineering Limited does not warrant that the functions contained within OAK will meet your requirements or that the operation of the software will be uninterrupted or error free and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability and fitness for a particular purpose are excluded.

No liability for consequential damages

In no event will Operis Business Engineering Limited be liable for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use OAK howsoever caused and whether arising under contract, tort including negligence or otherwise even if Operis Business Engineering Limited has been advised of the possibility of such damages. In the event of any other losses, or if any exclusion, disclaimer or other provision contained in this Licence is held invalid for any reason then the liability of Operis Business Engineering Limited will be limited to the cost of this Licence.

Support and Maintenance

Grant of this Licence does not imply continued support or maintenance of this software by Operis Business Engineering Limited.

No variation

The terms and conditions of this Licence may not be varied without the express written consent of Operis Business Engineering Limited.

Breach by Licencee

Any breach of the terms and conditions of this Licence by the licencee will result in immediate termination of the licencees' rights under this Licence. However, while a breach limits the rights of the licencee to use OAK, it in no way limits the continuing obligations of the licencee with respect to this Licence. In the event of a breach, all OAK software and documentation must be returned to Operis Business Engineering Limited and all traces of OAK software must be deleted from computers owned or operated by the licencee. Categories of damages include, but are not limited to, lost profits on the part of Operis Business Engineering Limited.

Applicable law

This Licence is governed by the Laws of England.

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