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Raycone InSite Constructor End User Licence AgreementRAYCONE InSite Constructor END USER LICENCE - RAYCONE 2001. WARNING: PERMISSION TO USE THE InSite Constructor SOFTWARE ("THE SOFTWARE") AND DOCUMENTATION IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW. DO NOT USE THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENCE AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE. YOUR EXECUTING OF THE SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT WISH TO ACCEPT THE TERMS EITHER RETURN THIS PACKAGE TO RAYCONE OR DO NOT EXECUTE THE SOFTWARE. ANY LICENCE FEE YOU MAY HAVE PAID WILL BE REFUNDED TO YOU.1. Licence. The copyright in the software and its documentation is owned by Raycone and is licensed not sold to you. Subject to the terms of this license you are granted a non-exclusive right to install and use the software on a single machine and make a single copy of the software for backup purposes only. The software is considered to be in use when it is in the memory of a computer or is otherwise stored in a machine. 2. Your obligations. You hereby undertake to: not copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute the software or its documentation other than as expressly authorised by this licence; ensure that your officers, employees, sub-contractors and other agents who have authorised access to the software are made aware of the terms of this licence; not to provide or otherwise make available the software in any form to any person; and advise Raycone in writing within seven (7) days of you becoming aware of any person using the software who is not licensed by Raycone to do so. You acknowledge that copyright subsists in the software and any documentation and belongs to Raycone. You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright. You shall indemnify Raycone fully against all liabilities, costs and expenses which Raycone may incur to a third party as a result of your breach of any of the provisions of this agreement. 3. Warranty. You expressly agree and acknowledge that the use of the software is at your sole risk and further acknowledge that the existence of any errors shall not constitute a breach of this licence. The software and its documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to : quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation or being error free are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this agreement. However, the liability of Raycone for any breach of such term shall if permitted by that statute be limited, at Raycone's option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again. 4. Limitation of Liability Except as expressly provided to the contrary in this agreement, Raycone shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this agreement or the failure or omission on the part of Raycone to comply with its obligations under this agreement. 5. Term of the licence. The licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy the software and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of the software and documentation or otherwise return or dispose of such material in the manner directed by Raycone. Termination pursuant to this clause shall not affect any rights or remedies which Raycone may have otherwise under this licence or at law. 6. Waiver. Failure or neglect by Raycone to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Raycone's rights under this licence. 7. Governing law and Severability. This agreement will be governed by and construed according to the law of the State of California, USA. This agreement is deemed to have been made in the Czech Republic. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted. 8. Complete Agreement. This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.
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