Dolphin Guide End User License Agreement


Dolphin Guide & Dolphin Guide HandsFree End User License Agreement

Please read the terms of this agreement carefully before installing or using the Guide or Guide Handsfree software. Your right to use the software is governed by the terms of this agreement. Selecting the "I accept" or "Enter button" and continuing with the installation of Guide indicates your acceptance of the terms of this agreement. If you do not accept these terms by selecting the "I accept" or "enter" button, you will not be able to continue with the software installation process or to use the Guide or Guide Handsfree software.

Where you have purchased a computer system from Dolphin Computer Access North, or one of its Distributors or Resellers, which already has Dolphin Guide software or Dolphin Guide HandsFree software pre-installed, use of the computer system will indicate your acceptance of the terms of this agreement.

INTRODUCTION

This is a legal agreement ("Agreement") between you, the end user, and Dolphin Computer Access North (a UK company limited by guarantee, company registration number 5600063, registered address Technology House, Blackpole Estate West, Worcester UK, WR3 8TJ), which covers the Guide software and Guide Handsfree software distributed by Dolphin Computer Access North and its Distributors and Resellers and accompanying documentation ("Documentation"). The term "you" in this Agreement refers to the initial purchaser of the Software.

1. LICENSE

This is a license agreement and NOT an agreement for sale. Dolphin Computer Access North licenses you to use the Software and Documentation only as permitted by this Agreement, and it retains all rights not expressly granted to you in this Agreement. Subject to the terms of this Agreement, you have a non-exclusive, non-transferable and limited right to install the Software onto the hard drive or other mass storage device of one (1) computer and use the Software and Documentation on that computer solely for your personal or internal business use. You may make an archival copy of the Software and Documentation for back-up purposes, provided that such a copy contains all of the original copy's proprietary notices and is kept in your possession, but you may not otherwise copy or distribute the Software or Documentation in any form or by any medium.

VNC and VLC programs are distributed along with Guide and Guide Handsfree software and are licensed separately under the GNU General Public License, version 2. Please see www.gnu.org/licenses for more details. Continuing with installation or using the Guide or Guide Handsfree software indicates your acceptance of these third party licences and the terms upon which they are issued.

2. TERM AND TERMINATION

This Agreement shall commence when you accept its terms by clicking on the "I Accept" or "Enter" button or by using the software when pre-installed on a computer system. Once you have installed the Software, the license granted in this Agreement shall continue indefinitely until terminated by you or by Dolphin Computer Access North. You may terminate this Agreement at any time by destroying the Software and Documentation and providing Dolphin Computer Access North with the relevant Deactivation Code. This Agreement, and any and all rights provided to you in connection with the Software, shall automatically terminate if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you shall cease using and shall destroy the Software and Documentation, and all copies of any parts thereof. All sections of this Agreement, other than Section 1 ("License"), shall survive termination of this Agreement.

For the Demonstration version of this Software (as indicated on the installation media or in the title bar of the application), the license granted in the Agreement shall be valid for 30 days from the point of installation of the Software. After which you must cease using and shall destroy the Software and Documentation, and all copies of any parts thereof, unless otherwise agreed in writing from Dolphin Computer Access North.

3. OWNERSHIP AND INTELLECTUAL PROPERTY

All right, title, and interest in the Software and Documentation, and all patents, trademarks, copyrights and all other intellectual property and other proprietary rights applicable thereto, shall at all times remain solely and exclusively with Dolphin Computer Access North and its licensors. You shall not (nor shall you permit any third party to) take any action inconsistent with such right, title, and interest. Unauthorized reproduction of the Software or Documentation is strictly prohibited by United Kingdom copyright and other laws and by international treaties, and may subject you to civil and/or criminal penalties.

4. LIMITATION ON USE

You represent and warrant to Dolphin Computer Access North that you shall not (and shall not permit any third party to):
- Sell, rent, lease, sublicense, grant a security interest in, or otherwise transfer or distribute any copies of the Software or Documentation to others;
- Offer the benefits or services of the Software to any third party, whether such arrangement is in the nature of a service bureau, an outsourcing service, an application service provider or any other similar service or business;
- Modify, customize, or create derivative works based on the Software or the Documentation (i.e. create a new program that incorporates all or part of the Software or Documentation);
- Alter, destroy or otherwise remove any proprietary notices or labels on the Software or Documentation;
- Avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection, provided or included in connection with the Software;
- Use the Software other than for its intended purpose; or
- Use the Software in a manner that violates any applicable law, including without limitation laws prohibiting the unauthorized copying of copyrighted materials.
In addition, you acknowledge that the Software contains trade secrets of Dolphin Computer Access North. Accordingly, you represent and warrant that you will not modify, translate, reverse engineer, decompile, or disassemble the Software in any way. You agree to indemnify Dolphin Computer Access North and its affiliates, officers, directors, employees and agents for any third-party claims relating to your breach of any of the above representations and warranties.

5. DISCLAIMER OF WARRANTY

The software and documentation are provided "as is." Dolphin Computer Access North does not warrant that the software will meet your requirements or that its operation will be uninterrupted or error-free. Dolphin Computer Access North hereby disclaims all warranties, express or implied, with respect to the software or the documentation, including the warranties of merchantability, fitness for a particular purpose, accuracy, non-interference and non-infringement. These disclaimers of warranty constitute an essential part of this agreement.

6. LIMITATION OF LIABILITY

In no event will Dolphin Computer Access North or its officers, directors, employees, agents, suppliers, distributors or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages (such as damages for loss of goodwill, work stoppage, computer failure or malfunction, lost data, lost profits, lost business or lost opportunity), or any other commercial damages or losses, even if Dolphin Computer Access North has been informed of the possibility of such damages, costs, losses or claims. In no event will Dolphin Computer Access North be liable for any damages in excess of the amount you originally paid Dolphin Computer Access North for this license of the software.

7. LAWFUL USE OF SOFTWARE ONLY

You agree that you shall not use the Software or Documentation for any unlawful purpose. You agree that you will use, export and re-export the Software and Documentation only in compliance with applicable export control laws and regulations in your jurisdiction, including, if applicable, the then-current Export Administration Regulations administered by the UK Department of Trade and Industry.

8. TAX

You shall be responsible for and shall pay, and shall reimburse Dolphin Computer Access North on request if Dolphin Computer Access North is required to pay, any sales, use, valued added (VAT), consumption or other tax (excluding any tax that is based on net income of Dolphin Computer Access North), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Software.

9. CONFIDENTIALITY

You acknowledge and agree that the Software and Documentation may contain confidential information and/or trade secrets of Dolphin Computer Access North and/or it suppliers. You agree to maintain and protect such confidential information and trade secrets in strictest confidence for the benefit of Dolphin Computer Access North and/or its suppliers, and not to disclose them without express authorization of Dolphin Computer Access North.

10. GENERAL

This Agreement constitutes the entire understanding between you and Dolphin Computer Access North with respect to the subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, or representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter. Any change to this Agreement must be in writing and signed by an authorized representative of Dolphin Computer Access North. Nothing in this Agreement constitutes a waiver of the rights of Dolphin Computer Access North under the UK Copyright Act or Federal, International, Local or Foreign law. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is determined to be unenforceable or invalid under any applicable law, this Agreement will not be invalid. Instead, the unenforceable or invalid provision shall be interpreted so as to best accomplish the objectives of such provision. You hereby agree to the exclusive jurisdiction of a Dolphin Computer Access North selected, United Kingdom law court over any and all disputes, controversies, claims and differences arising out of or relating to this Agreement.

Copyright (c) 2003 - 2009 Dolphin Computer Access North. All Rights Reserved.