SOFTWARE LICENSE FOR CLARIFY This is a legal agreement between you, the licensee, and Oak Innovation Limited. By making use of or by installing the Clarify software package you are agreeing to be bound by the terms of this agreement. Oak Innovation Limited specifically retain title to all Clarify software and do not sell any rights in Clarify software. Instead Oak Innovation Limited grant the right to use the software by means of a software licence. 1. GRANT OF LICENSE In consideration of payment of the licence fee which is part of the price paid for this product and your agreement to abide by the terms and conditions of this agreement Oak Innovation Limited grants to you the non-exclusive right to use one copy of the enclosed software on a single terminal connected to a single computer (i.e. with a single CPU). You may not network the software or otherwise copy it for more than one computer or computer terminal at the same time. 2. COPYRIGHT The software is owned by Oak Innovation Limited unless otherwise indicated. The software is protected by United Kingdom copyright laws and international treaty provisions. Therefore you must treat the software like any other copyrighted material (e.g. a book or musical recording) except that you may either :-   * make one copy of the software solely for backup purposes, or * transfer the software to a single hard disk provided that you keep the original for backup or archival purposes. You may not copy the written material accompanying the software. 3. RESTRICTIONS OF USE You may not assign, license, rent or lease the software and any accompanying materials. You may not transfer the software from one computer to another over a network. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior consent of Oak Innovation Limited. 4. INDEMNIFICATION You agree to indemnify, defend and hold Oak Innovation Limited harmless from and against any claims, suits, damages, expenses, including legal fees brought against or suffered by any kind related to or caused by the use of the software. 5. LIMITED WARRANTY Oak Innovation Limited warrants that the media on which the software is resident will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of purchase. If such a defect in the media should occur during this 90 day period, the media and a copy of your receipt may be returned to Oak Innovation Limited, and the media will be replaced without charge. THIS WARRANTY IS LIMITED TO YOU ONLY. 6. CUSTOMER REMEDIES Oak Innovation Limited's entire liability and your exclusive remedy shall be, at Oak Innovation Limited's option, either :-   * replacement of the media or   * return of the software element of the purchase price. The Limited Warranty is void if failure of the media has resulted from accident, neglect, abuse or misapplication. Any replacement will be warranted for the remainder of the original warranty period or 30 days, whichever is the longer. 7. NO OTHER WARRANTIES Oak Innovation Limited disclaim all other warranties, either expressed or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose, with respect to the software and the accompanying written materials. 8. NO LIABILITY FOR CONSEQUENTIAL DAMAGE In no event shall Oak Innovation Limited be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use or inability to use the software and accompanying written materials, even if Oak Innovation Limited have been advised of the possibility of such damages. 9. GENERAL a) If any provision of this agreement is found to be invalid by any court of competent jurisdiction, the balance of this agreement shall remain in full force and effect. b) This agreement shall be governed by the laws of the United Kingdom. c) This agreement shall not create an agency, partnership, franchise, or any other form of legal association. d) This agreement constitutes the entire agreement between the parties with respect to the subject matter thereof. e) This licence is effective until terminated. You may terminate it at any time by destroying the software together with any backups. The licence may also be terminated if you fail to comply with the terms and conditions of the agreement.