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O2C-PLAYER SOFTWARE END USER LICENCE AGREEMENT

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE INSTALLING THE O2C-PLAYER SOFTWARE (the "SOFTWARE"). THIS EULA WILL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ELECOSOFT PLC ONCE YOU HAVE INSTALLED THE SOFTWARE. IF YOU ARE NOT WILLING TO ENTER INTO THIS EULA, YOU MUST NOT INSTALL OR OTHERWISE DOWNLOAD THE SOFTWARE.

1. OWNERSHIP:

In this EULA, the Software (including without limitation any titles, computer code, themes, objects, object names, concepts, artwork, animations, sounds, audio-visual effects, "applets" and methods of operation within it), all related on-line or electronic documentation and all copies and derivative works (if any) of the Software or any of those materials, are together defined as the "Program".

The Program, all copies and non-severable derivatives of the Program, and all intellectual property rights in the Program and any such copies and derivatives, are the exclusive property of Elecosoft plc (No. 354913) whose place of business at Elecosoft plc, 66 Clifton Street, London EC2A 4HB, United Kingdom ("Eleco").
The Program is protected by the English copyright laws, international copyright treaties and conventions and other applicable laws.

Eleco reserves all its rights in and to the Program.

2. GRANT OF LICENSE:

All use of the Program is governed by this EULA. The Program may be used only on the terms of this EULA and any use, including without limitation reproduction or redistribution, of the Program, or any part of it, not in accordance with the terms of this EULA will be an infringement of Eleco's copyright, for which you may be liable for damages and possibly subject to criminal penalties, and which is expressly prohibited.

Eleco hereby grants you a limited, non-exclusive licence (the "Licence") to install and use the Program in displaying three-dimensional objects on computer for your own purposes in connection with the software provided to you by Eleco, including in providing professional services to your clients.
By installing the Software within the Program you accept the Licence and agree to comply with it, and with and to the other terms of this EULA.

The Licence confers no title or ownership in or to the Program or any part of it.

3. LIMITATIONS OF USE:

You may not make any use of the Program except as specified above and, in particular, you may not:

(a) distribute or re-issue the Program to any person, for any other purpose or for use in connection with any software other than as provided to you by Eleco;

(b) in whole or in part, edit, copy, photocopy, reproduce, translate or reverse engineer the Program, derive its source code or modify, disassemble or decompile it or create any derivative works based on the Program, except to the extent permitted by applicable law notwithstanding this limitation;

(c) remove or alter any proprietary notices, including © and ® symbols, from any part of the Program without the prior consent, in writing, of Eleco;

(d) sell, grant a security interest in or transfer any copies of the Program (or any parts of it) to any other person in any way, nor rent, lease or license it to any other person without Eleco's prior written consent; or

(e) publish and/or distribute any computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases or other content of the Program.

4. TERMINATIONS:

The Licence will remain in effect until terminated. You may terminate the Licence at any time by removing the Program from the computer(s) on which you have installed it and otherwise destroying all other parts of the Program in your possession. Eleco may terminate the Licence if you fail to comply with any of its terms or the other terms of this EULA, in which case you must remove the Program from the computer(s) on which you have installed it and otherwise destroy, or return to your supplier, all other parts of the Program in your possession. The provisions of clauses 5 and 6, and 9 (except paragraphs 6 and 8), of this EULA shall survive its termination for whatever reason.

5. DISCLAIMER:

ELECO EXPRESSLY DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARY COMPANIES, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, ANY WARRANTY OR REPRESENTATION FOR THE PROGRAM, WHICH IS PROVIDED TO YOU BY ELECO "AS IS".

IN PARTICULAR, BUT WITHOUT LIMITATION, WHILST YOU MAY BE ABLE TO USE THE PROGRAM TO ASSIST YOU WITH DRAWING, ELECO DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARY COMPANIES, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF THE PROGRAM'S PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR CAPABILITY OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION. ADDITIONALLY, NEITHER ELECO NOR ANY OF ITS SUBSIDIARY COMPANIES WARRANTS OR REPRESENTS THAT THE PROGRAM WILL BE SUFFICIENT FOR YOUR NEEDS OR THE USES TO WHICH YOU PUT, OR INTEND TO PUT, IT AND DISCLAIMS ANY IMPLIED CONTRARY WARRANTY OR REPRESENTATION TO THE GREATEST EXTENT PERMISSIBLE BY LAW.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM REMAINS WITH YOU.
YOU ACKNOWLEDGE THAT COMPUTER AIDED DRAWING SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE NOT TESTED IN ALL SITUATIONS IN WHICH THEY MAY BE USED AND ARE TOOLS INTENDED TO ASSIST WITH DESIGN BY TRAINED PROFESSIONALS ONLY AND NOT SUBSTITUTES FOR PROFESSIONAL JUDGEMENT OR FOR TESTING OF PRODUCT STRESS, SAFETY OR UTILITY. YOU FURTHER ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT OF YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION ALL ITEMS DRAWN BY USING THE PROGRAM, AND THAT THE PROGRAM IS NOT SUITABLE FOR ENGINEERING OR DESIGN (AS OPPOSED TO DRAWING) WORK.

6. LIMITATION OF LIABILITY.

SUBJECT TO THE PROVISIONS OF APPLICABLE LAW, NEITHER ELECO NOR ANY OF ITS SUBSIDIARY COMPANIES SHALL BE LIABLE TO YOU IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PROPERTY DAMAGE OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES, HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR ANY INABILITY TO USE, THE PROGRAM, PROVIDED THAT THIS CLAUSE 6 SHALL NOT EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF ELECO OR ANY OF ITS SUBSIDIARY COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF THE RELEVANT LOSS OR DAMAGE ARISING.

7. MISCELLANEOUS:

This EULA shall be deemed to have been made and executed in England and any dispute or claim whatsoever relating to it or its formation shall be governed by, and construed in accordance with, English law. The courts of England and Wales shall have exclusive jurisdiction over this EULA and any such disputes or claims.

If any provision of this EULA is or becomes for any reason whatsoever invalid, illegal or unenforceable, it shall be divisible from this EULA and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected in any way.

No breach of any provision of this EULA shall be waived or discharged except with the express written consent of the other party to this EULA and no failure or delay by either such party to exercise any of its rights under this EULA shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

Save in the case of fraud or fraudulent concealment:
(a) this EULA, together with any other documents referred to in it, constitutes the entire and only agreement between you and Eleco relating to its subject matter; and
(b) neither you nor Eleco has been induced to enter into this EULA in reliance on, nor have you or Eleco been given, any representation or other statement of any nature whatsoever relevant to this EULA other than those set out in this EULA.
You acknowledge that Eleco could be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Eleco shall be entitled to seek appropriate equitable remedies with respect to breaches of this EULA, including without limitation injunctive relief, in addition to such other remedies as Eleco may otherwise have available to it under applicable laws.

This Licence may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, and executed by Eleco and you.

The terms of a paper printed version of this EULA the Program prevail over any inconsistent terms of any version included in the Program that appears on computer screen when the Program is installed.

This EULA will terminate immediately if you or Eleco becomes bankrupt, goes into liquidation, suffers or makes any winding up petition, makes any arrangement with your or its, as applicable, creditors, has an administrator, administrative receiver or receiver appointed or suffers to take any similar action.

No third party is intended to have the right to enforce any of the provisions of this EULA, save that Eleco's subsidiary companies may enforce the limitations and disclaimers of liability herein.

The o2c player uses open source libraries. Because the o2c player is distributed free of charge to the end-user, please find the following legal notices:
This software is based in part on the work of the Independent JPEG Group.
This software uses JASPER, its license can be found here:
http://www.ece.uvic.ca/~frodo/jasper/LICENSE
We thank especially the following open source projects:
PNG: http://www.libpng.org/pub/png/libpng.html
ZLIB: http://zlib.net/
BZlib2: http://bzip.org/
LibJPEG: http://www.ijg.org/
JASPER: http://www.ece.uvic.ca/~frodo/jasper/
LIblzma: http://tukaani.org/xz/

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