PIXI 1.0

EULA - End User License Agreement

END USER RETAIL LICENSE AGREEMENT

This document contains the License Terms relating to the use of PIXI that You are about to install.

When You have read the terms of the License below and You wish to become a Licensee of PIXI, select the I Agree option to show your acceptance to the License Terms. By selecting the I Agree option You indicate your acceptance of the terms set out below. Acceptance shall bind You and all of your employees to the terms of this License. If You do not wish to accept the terms, select the I Do Not Agree option.

TERMS OF LICENSE

1. License

1.1 Eternal Software, whose office is at Rectory Farm, Widmerpool Road, Wysall, Nottinghamshire NG12 5QW United Kingdom ("Eternal Software") is authorised as publisher to License the PIXI Software which You are about to install (the "Software").

1.2 By selecting the I Agree option below, You, the Licensee, accept these License terms (the "License"). This License is an agreement between Eternal Software and You.

1.3 In consideration of You accepting the License and paying the License Fee (as set out below), Eternal Software grants You a non-exclusive, non-transferable object code License to use the Software and the Help Manual or other supporting documentation relating to the Software (the "Help Manual") subject to the terms set out below, and also subject to term 1.4 below.

1.4 In the case of this installation being a ‘Trial’ version, Eternal Software grants You a non-exclusive, non-transferable object code License to use the Software and the Help Manual for the trial period advertised at the point of downloading this Software. Upon expiry of such period you may not use any of the functionality of the Software except for accessing the software registration facility on the start-up form. Once you have registered this trial copy having paid the License Fee, you will receive a registration key that you must enter in the application to activate the product governed by term 1.3.

2. The License Fee

2.1 You must pay the License Fee as agreed by You at the time of your purchase (the "License Fee") before You download and install the Software, or in the case of this being a ‘Trial’ version, at the time of registering for a registration key. If you have purchased a CD containing a copy of the Software and a registration key from an authorised vendor of the Software, the License Fee was included in your payment. The License Fee is a one-time Fee and may incorporate transaction or administration charges depending upon the method by which You choose to make your payment, and as advised to You by Eternal Software or one of its agents at the time of purchase.

2.2 The License Fee is inclusive of any taxes, duties, value added/purchase tax, excise tax, import or other duties.

2.3 If you are not paying the License Fee in Pounds Sterling or US Dollars, the License Fee payable is an estimate only and the actual amount payable is subject to fluctuations on the currency markets.

3. Use of the Software

3.1 You may install the Software into the fixed memory (e.g. hard disc) on a single computer for processing such Software for use by no more than 1 concurrent user.

3.2 You may use the Software to download pictures in JPEG format (.jpg or .jpeg) from the internet provided that such download is not an infringement of the intellectual property rights of any third party. You shall not distribute or re-sell the Software to any other person, unless this is a ‘Trial’ version of the software which has been downloaded for free from the internet, in which case you may freely distribute unaltered copies of the trial version of the software provided that you do not receive any payment for such distribution.

3.3 You must not make any translations, adaptations, alterations, additions or enhancements to the Software or Help Manual for any purpose (including, without limitation, for error correction) nor permit the Software or any part of it to be combined with any other program.

3.4 You are allowed to make a maximum of two back up copies of the Software if and only if the making of a copy is necessary for the use of the Software permitted by this License. You are allowed to print one copy of the Help Manual for use only as aids to the electronic copy of the Help Manual available online from within the application. The copy shall be owned by Eternal Software.

3.5 Except as set out in clauses 3.2 and 3.4, You shall not make or allow others to make any copies of the Software and/or the Help Manual. You shall put in place adequate security measures to prevent the Software from being used or copied by unauthorised people.

3.6 Eternal Software Licenses this Software for legal purposes only to enable You to download freely available JPEG images from webpages on the internet where such download is not an infringement of the intellectual property rights of any person.

4. Decompilation

4.1 Eternal Software does not allow You or any person to decompile, reverse-engineer or disassemble the Software or any part of it, except that You may decompile the Software to the extent permitted and subject to the provisions of the EC Software Directive as enacted by the Copyright Designs and Patents Act 1988 (as amended), where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program (the "Information") and the Information is not readily available from Eternal Software or elsewhere.

4.2 With respect to the Information, whether provided by Eternal Software or obtained by decompilation, You shall not permit any person to:

4.2.1 use the Information for any purpose other than to achieve the interoperability of an independently created program with the Software or other programs; or

4.2.2 supply the Information to any other person except when necessary for the interoperability of the independently created program with the Software or other programs; or

4.2.3 use the Information for the development, production or marketing of a computer program substantially similar in its expression to the Software, or for any other copyright infringement act; or

4.2.4 use the Information in a manner which unreasonably prejudices Eternal Softwares legitimate interests or conflicts with a normal exploitation of the Software.

5. Your Obligations

5.1 You shall:

5.1.1 maintain accurate records of the number and location of all copies of the Software, and control use of the Software in accordance with this License;

5.1.2 not tamper with, obscure or remove the copyright notice of Eternal Software on the Software or any other proprietary marks of any person as may be specified in or on the Software or in the Help Manual;

5.1.3 not obtain any ownership of or rights to the copyright, patents, trade marks, or any other intellectual property rights of Eternal Software on or in relation to the Software and the Help Manual;

5.1.4 inform Eternal Software immediately if You become aware of any unauthorised access to, use or copying of, any part of the Software.

6. Eternal Softwares Obligations

6.1 From time to time Eternal Software may modify and improve the Software. As a licensed user You may download updates and upgrades to this version of the Software free from Eternal Softwares web-site (www.eternalsoftware.co.uk) as and when they become available.

6.2 Eternal Software is happy to assist You with any queries You have with the Software by providing e-mail guidance for free and shall provide such service with reasonable care and skill and within a reasonable time. Eternal Software does not make any other promises about this support service. If You require support for the Software which is not covered by this License, Eternal Software shall inform You how much that will cost.

7. Liability

7.1 Eternal Software does not warrant that the Software is error free and because it is not involved in identifying your requirements, it gives no warranty that the Software will be suitable for any purpose other than that set out on Eternal Softwares website.

7.2 Eternal Software does not warrant that the Software shall be free from all known viruses although it has used commercially reasonable efforts to check for the most commonly known viruses prior to making it available to download. You are solely responsible for virus scanning the Software.

7.3 The Software requires an internet connection which is your responsibility to maintain.

7.4 In any event, Eternal Software shall not be liable to You for any loss of anticipated revenue, loss of profits, loss of business opportunity, loss of goodwill, damage to reputation, any indirect loss or damage, or for any loss which was not foreseeable to both parties when this License was entered into, or for any losses that are not caused by any breach by Eternal Software of its obligations, or for business losses or losses to non-consumers, (whether caused by the negligence of Eternal Software, its employees, agents or otherwise), which arise out of or in connection with this License.

7.5 Eternal Software shall not be liable to You or be deemed to be in breach of this License by reason of any delay in performing, or any failure to perform, any of its obligations under this License, if the delay or failure is due to any cause beyond Eternal Software’s reasonable control (including, without limitation, fire, explosion, flood, Governmental restriction, strikes or war).

7.6 Notwithstanding anything to the contrary in this License, Eternal Softwares liability to You for death or personal injury caused by the negligence of Eternal Software, its employees, agents or sub-contractors, or for fraud (including without limitation fraudulent misrepresentation), or otherwise as prohibited by law, is not limited.
8. Duration of License and Termination

8.1 This License shall take effect when immediately upon You having installed the Software and shall continue unless terminated in accordance with 8.2 below.

8.2 Without prejudice to any other remedy that it may have, Eternal Software may terminate this License immediately by giving written notice to You if:

8.2.1 You commit any breach of this License and (if capable of remedy) fail to remedy such breach within 30 days after being given written notice to do so; or

8.2.2 You use the Software for any illegal, defamatory or offensive purpose;

8.2.3 You make any voluntary arrangement with your creditors, or (being an individual or firm) become bankrupt, or (being a company) become subject to an administration order or go into liquidation (other than for the purposes of amalgamation or reconstruction), or an encumbrancer takes possession, or a receiver is appointed, over any of its property or assets, or anything analogous to any of the foregoing occurs to You under the law of any jurisdiction.

8.3 Within 7 days after termination or discontinuance of this License for whatever reason, You shall return to Eternal Software or disable the Software, (unless the Software is not automatically disabled by Eternal Software), and You shall Un-Install the Software, and You shall return to Eternal Software or destroy the Help Manual and all updates, upgrades or copies including partial copies of the Software.

8.4 Termination shall be subject to any rights and remedies Eternal Software may have under this License or under applicable law.

9. General

9.1 Headings in this License are for reference only and are not to be used in interpreting this License.

9.2 You shall not assign, sub-License, sell or otherwise transfer all or any part of the Software, the Help Manual or this License.

9.3 Failure or neglect by Eternal Software or You to enforce at any time any of the provisions of this License shall not be construed nor deemed to be a waiver of that partys rights under this License, nor in any way effect the validity of the whole or any part of this License, nor prejudice that partys rights to take subsequent action.

9.4 In the event that any of the terms contained in the License shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

9.5 For the avoidance of doubt, nothing in this License is intended to confer on any third party any benefit or right to enforce the terms of this License.

9.6 This License shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.