visual|catalogues Professional 4.16

EULA - End User License Agreement

Please read the following information carefully. By proceeding with the installation of the Software you are agreeing to all of the terms of this License Agreement set out below. If you do not accept the terms, do not proceed with the installation of the Software.

visual|catalogues PROFESSIONAL - EVALUATION VERSION (the Evaluation Software)
Copyright (c) 1999-2008 Cadking Design Ltd.
All rights reserved.

License Agreement.
Under the terms of this License:

PURPOSE/DEFINITION OF THE SOFTWARE
visual|catalogues PROFESSIONAL (the Software) is a catalogue creation and publishing system, and includes a non-distributable data entry module, associated database, viewer, other modules and associated documentation all for creating and testing catalogues ("Non-Distributable Components"), and Viewer modules, search executables and associated documentation for distribution with finished catalogues ("Distributable Components").

The "Evaluation Software" is the Software made available to you from the web site at www.visualcatalogues.com in order that you can determine whether you wish to purchase a licence for the Software.

In this License Agreement all references to the Software shall include the Evaluation Software.

EXTENT OF EVALUATION LICENCE
You are licensed to use the Evaluation Software for evaluation purposes only, without charge. There is no time limit during which your evaluation must be completed. The Evaluation Software has the functionality of the Software, but there are some restrictions, in particular some publishing functions have been disabled.

You are permitted to install the Evaluation Software on one or several computers on a network you want to use to evaluate the Software from.

If you wish to proceed to license the Software, first install the Evaluation Software and then purchase a license for the Software on-line from the web site at www.visualcatalogues.com. Within 24 hours (during week days) of payment being received you will be sent a password which will unlock the publishing features and other functions of the Software which are withheld in the Evaluation Software.

Under no circumstance are you licensed to publish catalogues created by the Evaluation Software.

*SINGLE CATALOGUE LICENSE*
On payment by you of the applicable licence fee as set out in the web site www.visualcatalogues.com, Cadking Design Ltd. (The Company) grants to you a non-exclusive non-transferrable license to install the Software for the purpose of creating a single catalogue of visual information and associated data (the Catalogue), under a single logon name on a single computer.

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Please Note:
1. This version of visual|catalogues allows creation of a SINGLE CATALOGUE only. If you wish to access, create, add to or edit more than one catalogue under a single logon name then consider purchase or upgrade to visual|catalogues Enterprise version.

2. This version of visual|catalogues allows any number of users on a local Windows network to view the Catalogue under construction, prior to publication.

3. This version of visual|catalogues allows multiple Concurrent Users to add data to the Catalogue, subject to the number of Concurrent Users the software is licensed for. The software will not allow any more than the licensed number of Concurrent Users to add to or edit the Catalogue
at one time.

4. This license applies where the Catalogue is to be made available by you to end users FREE OF CHARGE. You may continue to make your catalogue(s) available to end users free of charge for as long as your license is valid and up-to-date.

5. If you intend to make a charge to end users to access the Catalogue, then a different license agreement applies. Please contact the Company or visit the web site at www.visualcatalogues.com for details of the relevant license.
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*CONCURRENT USERS*
The number of people licensed to add data to a Catalogue concurrently (Concurrent Users) is by default one, but this can be increased to allow as many Concurrent Users as you require. The licensed number of Concurrent Users for each installation of the Software is displayed in the About form of the Software data entry module.

To increase the number of Concurrent Users, for each licensed installation of the Software you should purchase a Concurrent Users Upgrade License from the web site at http://www.visualcatalogues.com

On purchase of a Concurrent Users Upgrade License you will be provided by email with a new password to upgrade a single catalogue licence (or your previous Concurrent Users Upgrade License) to the number of Concurrent Users required. On purchase of a Concurrent Users Upgrade
License you are permitted to install the Software on several computers on a network, under as many User logon names as you wish. The upgraded catalogue database will only allow access by the number of Concurrent Users licensed at any one time.

*LIMITATIONS ON USE OF THE SOFTWARE*
The Software is licensed to you. You are not permitted to use, copy, supply, assign or transfer the Software, or any component parts of the Software, on a temporary or permanent basis, except as expressly permitted by this Agreement.

You are not permitted to deal in the Software in any way such as to sell, rent, lease, sub-licence, or redistribute the Software or the Non-Distributable Components.

In no event does the Company authorise you to use the Software in applications where the Softwares failure to perform could reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold the Company harmless from claims or losses relating to such unauthorised use.

You are not licensed to use the Software for publication of data that breaks the publication laws of the country, state, province, county or city in which you reside, or in which the Catalogue database is held, or in which you distribute the Catalogue. You are not licensed to use the Software to create Catalogues that exploit or oppress.

In the event that in the Companys reasonable opinion these provisions are being contravened by you, the Company shall be entitled to terminate your licence for the Software with immediate effect.

*CATALOGUE DISTRIBUTION*
Having purchased the Software and while your license is valid you may distribute and make available UNLIMITED numbers of copies of the Catalogue including Distributable Components on CD-ROM or other suitable media and provide access to the Catalogue from any number of Internet web sites, using the Distributable Components FREE of royalties or any other charge for the Catalogue.

PLEASE NOTE: Under this License you are not permitted to sell, rent, lease, sub-licence, or sell access to a Catalogue including the Distributable Components. If you wish to use the Software to create a Catalogue that is for sale, rent, or lease, or sub-license (other than the cost of handling and shipping), or wish to sell access to a catalogue on an Internet web site, a different license agreement pertains and Royalties may be payable by you to the Company. Contact the Company or visit the web site at www.visualcatalogues.com for details of this license.

*BACKUPS*
You are permitted to make as many backup copies of the directory holding your Catalogue, as you see fit.

*UPDATES*
It is likely that the Software will be updated from time to time. Updates may either be free (patches or bug fixes) or for sale from the Company. For the latest versions of the Software refer to the web site.

The Company reserve the right to change the functionality, specifications and features offered by the software at any time without notice and for whatever reason.

COPYRIGHT
The copyright and other intellectual property rights in all parts of the Software are owned by Cadking Design Ltd.

No intellectual property rights in respect of the Software are transferred to you.

You are not permitted to modify, adapt, merge, translate, reverse engineer, de-compile, disassemble or create derivative works based on the whole or any part of the Software, or remove, change or obscure any identification marks or notices of proprietary rights and restrictions on or in the Software.

NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND ITS DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE,DOCUMENTATION, AND TECHNICAL SUPPORT ARE PROVIDED WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ABILITY TO ACHIEVE A PARTICULAR RESULT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE, OR OF ANY CATALOGUE CREATED WITH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTOHORISED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Good practice in respect of data management dictates that any program be thoroughly tested with non-critical data before relying on it.

IT IS YOUR EXCLUSIVE RESPONSIBILITY TO ENSURE THAT THE SOFTWARE IS SUITABLE FOR YOUR NEEDS AND THE ENTIRE RISK AS TO ITS PERFORMANCE AND AS TO RESULTS OBTAINED FROM ITS USE IS ASSUMED BY YOU.

This disclaimer of warranty constitutes an essential part of this License Agreement.

LIMITATION OF LIABILITY.
To the maximum extent permitted under applicable laws, under no circumstances, including negligence, shall the Company, its directors, officers, employees or agents be liable for any damages, including incidental, special or consequential damages, (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Software or the Catalogue or related documentation, by you or third parties to whom you make the Catalogue available, even if the Company or its authorised representative has been advised of the possibility of such damages. You assume all risks in respect of the distribution of the Catalogue. In the event that any exclusion of liability contained in this Licence shall be held to be invalid for any reason and the Company becomes liable for loss or damage that may lawfully be limited, such
liability shall be limited to the annual Licence fee paid by you for the Software.

VIRUS CHECKING
It is recommended that you check the systems on which the Software will operate for computer virus(es) at least prior to publishing the Catalogue. You, the publisher of the Catalogue, bear full responsibility for ensuring that the Catalogue you publish is virus free. The Company shall not be liable for any loss or damage caused as a result of any virus affecting a users system as a result of the access by that user to a Catalogue created by you.

TERMINATION
This licence may be terminated if you fail to abide by the terms of this Agreement. Upon termination you agree to cease distribution of the Catalogue, and destroy all copies of the Software, its component modules and documentation, including Distributable Components and any part of the Software stored on the hard disk of any computer under your control.

GENERAL
Failure by The Company to enforce any particular term of this Licence Agreement shall not be construed as a waiver of any of its rights under it. If any part of this License Agreement is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, the validity of the remainder of terms will not be affected.

This License Agreement is the complete statement of the Agreement between the parties in respect of this version of the Software

GOVERNING LAW
The terms and conditions of this Licence Agreement will be governed and construed in accordance with Scottish law. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in Scotland.