Beruflich Dokumente
Kultur Dokumente
Version 1.3
27th December 2006
2.2 A Module is a data file created or played by the Software when used
by the Licensee. Copyright in the educational and artistic content of
Modules remains with their author(s) and licensors. The Modules are
distributed in an encrypted format with a proprietary data structure.
The encryption procedures and keys and the format of the data
structures are the copyright of Image Intelligence and its sublicensors.
2.4 The package in which the Software is supplied may contain further
software such as sample modules provided by Image Intelligence or 3rd
party software. Such software is covered by separate agreements
attached to the software in question.
2.5 The Software is partially integrated with or links to web pages and
scripts hosted on the web site of Image Intelligence. Such pages and
scripts and the functionality provided by them, such as Learning
Communities, collectively form what shall be called the "Services".
This Agreement extends to the
use of these Services insofar as access to these services is integrated
into the Software. If the Licensee accesses the same Services using any
other software such as a web browser, this falls under the legal
agreement(s) covering use of the Image Intelligence website(s)
published on those website(s).
2.6 Support is not included under this agreement but may be provided
under a separate agreement by Image Intelligence at its own discretion.
3. GRANT OF LICENCE
3.2 The Licensee may not rent, lease, redistribute or resell the
Software or any copy of it, save as explicitly agreed elsewhere in this
agreement. The licensee may not modify, reverse engineer, decompile or
disassemble the software, the programme code or any part of it, nor
allow any such activity on the part of any third party.
3.3 The Licensee may not reverse engineer, decompile, disassemble nor
attempt to analyse the byte code of the Modules, nor allow any such
activity on the part of any third party. Modules may only be accessed
and modified using the Software. The licence extends only to the object
code, not the source code.
3.3 The Licensee may make reasonable use of the Services for such time
as they continue to be made available. In the interests of the proper
running of its business and website, Image Intelligence may restrict or
apply conditions to the access to any or all of the Services, provided
that the Licensee is explicitly made aware of this when attempting to
access the services and is given an opportunity to discontinue access
if new conditions apply.
4.2 Free use. Image Intelligence may at its discretion issue a free
contributor identification code to the Licensee for use of this
software.
4.2.1 Issue of a free contributor identification code is subject to the
condition that the Licensee will not distribute any Modules unless all
of subconditions 4.2.1.1 to 4.2.1.4 are fulfilled.
4.2.1.1 The Licensee must provide to Image Intelligence a copy of each
Module intended for distribution.
4.2.1.2 The Module must conform to the Acceptable Content Guidelines
published at the time of the Module being presented to Image
Intelligence.
4.2.1.3 The Licensee must release the Module under the Creative Commons
Attribution Non-Commercial Share-Alike Licence.
4.2.1.4 The Licensee may not distribute the Module for commercial gain
and may only distribute the Module free of charge.
4.2.2 Image Intelligence is also bound by the terms of the Creative
Commons Attribution Non-Commercial Share-Alike Licence when
distributing any Modules provided by the Licensee.
4.2.3 Image Intelligence may at its discretion publish such Modules,
but is not obliged to do so and is entitled to subsequently withdraw
any Modules from publication. Image Intellgence will not charge
recipients for online distribution of such Modules, but if distributing
Module collections on CD-ROM or other non-web-based digital media,
Image Intelligence is entitled to offer such media for sale at a price
which covers distribution costs such as postage, packing, packaging and
preparation of physical media.
4.2.4 If the Licensee is in breach of those parts of the Acceptable
Content Guidelines which relate to immoral or illegal content, Image
Intelligence is entitled to refuse all further Modules from the
Licensee.
5. REDISTRIBUTION
6.1 All Software and Services are provided "as-is" and without any kind
of guarantee. To the maximum extent permitted by applicable law, Image
Intelligence disclaims all representations, warranties, conditions and
other terms, either express or implied, including but not limited to
implied warranties and/or conditions of merchantability and fitness for
a particular purpose, with regard to the software and the accompanying
written material.
8. GENERAL TERMS
8.1 HEADERS. Headers appear for convenience and do not affect the
construction of the whole or any part of this Agreement.
8.3 ASSIGNMENT. Neither this Agreement nor any rights granted hereunder
may be sold, issued, assigned, or otherwise transferred, in whole or in
part, by either party, and any such attempted assignment shall be void
and of no effect, save as explicitly set out above.
8.4 INDEMNITY. The Licensee shall indemnify and keep Image Intelligence
indemnified from and against any liability of any kind to any third
party howsoever arising (whether in contract, tort or otherwise and
including, but not limited to, liability arising from the negligence of
the Licensee) in respect of or in connection with: any loss, injury or
damage of any kind (whether direct, indirect or otherwise and including
but not limited to any loss of profit and/or any incidental,
consequential or special loss or damage of any description) arising out
of in respect of or in connection with (i) the Software and Services
provided under this Agreement, (ii) the Licensee 's use of, misuse of
or inability to use the Software and Services, (iii) the publication of
the Licensee's Modules by Image Intelligence.
8.10 FORUM SELECTION. The Licensee consents to, and agrees that
Licensee is subject to, the exclusive jurisdiction of the courts of
England with respect to any actions arising out of or relating to this
Agreement. The submission by either party to such jurisdiction shall
not however limit the right of the Image Intelligence to commence any
proceedings arising out of this Agreement in any other jurisdiction it
may consider appropriate.