EasyReader End User Licence Agreement (EULA)
This EULA is a legal agreement between you, the end user ("You") and Dolphin Computer Access Ltd ("Dolphin").
Please read this EULA carefully before you purchase, install or use the software.
If you do not agree to these terms, you must not use the software and should remove it from any devices and return the full product with proof of purchase to your dealer within 30 days for a full refund. NOTE: When you activate the product you agree to the EULA.
WARNING: When the product is installed you have up to 30 days to use it and decide whether to activate the product. Once a product has been activated a refund is not available.
- Grant of licence
Under copyright law you are not permitted to install or run the software product ('the Software') or use the user manuals and other documentation ('the Documentation') supplied to you without the permission of Dolphin Computer Access Group ('the Owner'). In consideration of your agreement to the terms of this Agreement the Owner grants you a non-exclusive right ('the Licence') to install and run the Software and use the Documentation as permitted by this Agreement. All references to the Software mean the object code only of the program(s) comprising the Software (but include all upgrades and updates provided by the Owner).
YOU ARE PERMITTED TO:
1.1. use the Software and Documentation in connection with a single computer under your control, you must obtain a separate licence for another copy of the Software if you wish the Software to be used simultaneously by multiple people;
1.2. transfer the Software from one computer to another provided that the Software is installed and used on only one computer at a time;
1.3. make a back-up copy of the Software in support of your permitted use of the Software provided you label the back-up copy with the Owner's copyright notice-any other copies of the whole or any part of the Software are unlawful;
1.4. use the Software for your personal use or in your business or profession permitting unauthorised access to, copying or use of the Software and Documentation is a breach of this Agreement;
1.5. transfer the Software and Documentation and your Licence on a permanent basis to another person only if that person agrees to accept the terms of this Agreement and you either transfer all copies (including the most recent update and all prior versions) to that person or destroy any copies not transferred. If you transfer possession of any copy of the Software to another person, your Licence is automatically terminated.
YOU MAY NOT NOR PERMIT OTHERS TO:
1.6. use, copy or transfer the Software except as permitted by this Agreement;
1.7. distribute, rent, loan, lease, sub-licence or otherwise deal in the Software and Documentation;
1.8. copy the Documentation in any manner;
1.9. alter, adapt, merge, modify or translate the Software or the Documentation in any way for any purpose, including, without limitation, for error correction;
1.10. reverse-engineer, disassemble or decompile the Software except that you may decompile the Software only to the extent permissible by law 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 and such information is not readily available from the Owner or elsewhere;
1.11. remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Software and Documentation.
- Education Licenses
2.1. It is the primary, secondary, K-12, Further, Higher, College, University or local education authority’s responsibility to annually audit and report to the Owner about the total number of registered students.
2.2. If this License is an Annual Education Subscription Licence it is valid for a period of 12 months from the date of original purchase, or renewal of a new 12 months period.
2.3. If the Annual Education Subscription Licence is not extended at the renewal date the Licence to use the software is terminated.
2.4. All the terms stipulated in this end user license agreement are valid without exception for Education Licenses and Annual Education Subcription Licence of the Software and Documentation.
- Home Extension of Education Licenses
3.1. If you have received the Software and the Documentation from your primary, secondary, K-12, Further, Higher, College, University or local education authority you are permitted to use the Software and Documentation for your personal use as long as you are a registered pupil/student at the actual education authority that provided the software to you.
3.2. When you are no longer a registered pupil/student of the actual education authority who provided you with the Software and Documentation your license to use the Software and Documentation is automatically terminated and it is your responsibility to immediately uninstall the Software and destroy or return the Documentation.
3.3. All the terms stipulated in this end user license agreement are valid without exception for Software provided to you as a Home Extension from the education authority where you are a registered pupil/student.
- Term and termination
4.1. Your Licence to use the Software and Documentation will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
4.2. Your Licence to use the Software and Documentation will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
4.3. Upon termination of the Licence for any reason you will destroy the Software and Documentation together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software or Documentation after termination of the Licence is unlawful.
The Owner warrants only to you as the original licencee, that:
5.1. the Software when used properly will provide the functions and facilities and will perform substantially as described in the Documentation supplied for the Software; and
5.2. the media on which the Software is recorded will be free from defects in material and workmanship under normal use.
The Owner's entire liability and your exclusive remedy under the warranties given in this section 3 will be, at the Owner's option to either:
5.3. repair or replace the Software or media which does not conform with the warranty or
5.4. refund the price paid for the Software and terminate the Licence. This remedy is subject to the return of the Software with a copy of your payment receipt to [your supplier or the Owner] not later than  days after the end of a period of  days from the date of your receipt of the Software.
- Exclusion of other warranties
Except for the express warranties in section 3 the Owner and its suppliers make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of satisfactory quality and fitness for a particular purpose are excluded. The Owner does not warrant that the operation of the Software will be error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and the entire risk as to the performance and results of the Software and Documentation is assumed by you.
7.1. In no event will either the Owner or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence or otherwise.
7.2. If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Software.
7.3. The Owner does not exclude or limit liability for 7.3.1. death or personal injury resulting from an act or negligence of the Owner [or 7.3.2. damage caused by a defect in the Software within the meaning of the Consumer Protection Act 1987 Part ].
7.4. You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Software and also the fact that it is not within the Owner's control how and for what purposes the Software is used by you.
7.5. It is your responsibility to ensure that you have all necessary consents or licences in relation to any material or data or other programs you may use in conjunction with the Software.
8.1. All right title and interest in and to the Software and the Documentation belongs to the Owner
8.2. All right title and interest in and to the content played using the Software belongs to and is governed under the terms and conditions expressed by the publishers of that content.
8.3. All right and licence to use or distribute the recorded output from any 3rd party synthesiser that is not distributed as part of the Software as a whole must be obtained by you from the appropriate person and is your responsibility.
9.1. The Owner may update or upgrade the Software but shall not be obliged to furnish such updates or upgrades to you unless the licence fee has been paid
10.1. The Owner will provide email support only for the Software at the following address: firstname.lastname@example.org
11.1. This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written communications, agreements or representations with respect to the Software and Documentation.
11.2. Nothing in this Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
11.3. If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.
11.4. This Agreement is governed by the laws of England and Wales.
11.5. Should you have any questions concerning this Agreement please contact (Dolphin Computer Access Limited, Technology House, Blackpole Estate West, Worcester, WR3 8TJ, United Kingdom.)
11.6. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
Date last updated: 15th March 2010