THE AIS SOFTWARE IS PROVIDED BY SYFi GROUP LIMITED TO ALL USERS (REFERRED TO AS “YOU”) UNDER THE TERMS OF THIS PUBLIC LICENCE ("LICENCE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF AIS CONSTITUTES YOUR ACCEPTANCE OF THIS LICENCE.
Licence
- We grant you a perpetual, non-exclusive, worldwide, licence to develop applications subject to the terms and conditions contained in this Licence.
- Distributing AIS or incorporating AIS into other products or software
- If you want to distribute AIS or incorporate AIS into other products or software you may:
- Distribute AIS:
- you comply with the terms and conditions of this Licence; and
- your licence Agreement:
- effectively disclaims on behalf of SYFi Group Limited all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
- effectively excludes on behalf of SYFi Group Limited all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
- states that any provisions that differ from this Licence are offered by you alone and not by SYFi Group Limited.
- You must include the following in a conspicuous location in the of the derived product or software:
SYFi Group’s “Blue Hand Logo” and “AIS Copyright © {date here}, SYFi Group Limited. All Rights Reserved.” - In addition, you must identify yourself as the originator of your contribution, if any, in a manner that reasonably allows subsequent recipients to identify the originator of relevant code.
- COMMERCIAL DISTRIBUTION
- You may distribute AIS as part of a package to be sold commercially provided you comply with the following additional terms:
- you agree to defend and indemnify SYFi Group Limited against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against us to the extent caused by the your acts or omissions in connection with its distribution of AIS in a commercial product offering;
- you notify us of your use and provide us with a copy.
- Restrictions
- You may not change, modify, alter or amend the AIS exe entries or libraries nor may you reverse engineer or decompile these.
- Warranties
- We warrant as follows:
- we have the right to let you use AIS upon the terms stated in this Licence; and
- that, at the date of this Licence, we do not know of any infringement of any third party intellectual property rights relating to the Software or the Documentation.
- The warranties contained in this Licence are subject to your complying with your obligations under this Licence.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENCE, AIS IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- You are solely responsible for determining the appropriateness of using and distributing AIS and assume all risks associated with your exercise of rights under this Licence, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
- Liability
- Nothing in this Licence in any way limits SYFi Group Limited’s liability for death or personal injury caused by its negligence or for fraud.
- Except as provided in Clause 7.1, we are not liable for loss of profits, revenue contracts, business, lost management time or data nor for any indirect loss whether arising in contract, tort (including negligence) or otherwise even if advised of the probability of such damage or where it was foreseeable.
- We are not liable for any loss or damage arising out of, connected with, or resulting from:
- the performance of any third party including any changes made by them to AIS; or
- any software, hardware or other product or component provided by any third party
- Except as provided in Clause 7.1, in no event shall our total liability to you for damages for any cause whatsoever will be limited to the amount paid by you for the software that caused such damage.
- Intellectual property rights indemnity
- If AIS infringes a third party's intellectual property rights we may:
- obtain the right for you to continue to use AIS; or
- modify or replace the Software or Documentation without reducing their overall performance so they do not infringe the third party’s intellectual property rights in the United Kingdom.
- You must tell us, in writing, if you become aware of any claim arising out of the use of the Software or Documentation and you must not say or do anything to harm our defence or settlement of any claim and permit us to have complete control of any claim. You must give us, at our reasonable cost, all reasonable assistance in relation to any claim.
- We have no liability to you for infringement of a third party's intellectual property or patent.
- This clause 8 states our entire liability for any infringement of third party intellectual property rights.
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Termination
- All of your rights under this Licence shall end if you fail to comply with any of the terms or conditions of this Licence. If your rights under this Licence end, you may not use or distribute the Program. However, your obligations under this Licence and any licences granted by you relating to AIS shall continue and survive.
- If one or more of the provisions of this Licence are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of this Licence. This Licence shall be deemed amended by modifying or severing such provisions as necessary to render it valid, legal and enforceable while preserving its intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable provision or provisions shall be severable from this Licence so that the validity or enforceability of the remaining provisions of this Licence, or the validity of the provision(s) in question in any other jurisdiction, shall not be affected thereby.
- Governing Law and Jurisdictions
- This Licence shall be subject to and construed in accordance with the law of England and Wales.
- The parties submit to the non-exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with this Licence or the legal relationships established by this Licence.