Untitled Document

IMPORTANT: Please read the License carefully as it is a legal contract and imposes obligations on you as a user of the eSIGN Avatar plugin software. By downloading and using the software, you will be bound by this License (Ref: UEA\RBS\9120-1).

The eSIGN Avatar plugin is offered to you the end-user (either an individual or a single entity) by the University of East Anglia Enterprises Limited ("Licensor") whose registered office is situated at (The Registry, University of East Anglia, Norwich, NR4 7TJ) subject to the terms and conditions of this License.

OPERATIVE TERMS:
1 DEFINITIONS
In this License:

"Software" and "eSIGN Avatar plugin" means the avatar player software configured as a web browser plugin for viewing SiGML sign language content. Developed by the partners of eSIGN, IST eContent project 22124 funded under the EU Fifth Framework Programme. See http://www.sign-lang.uni-hamburg.de/eSIGN.

2 LICENSE

2.1 The Licensor is making the eSIGN Avatar plugin available through SYS Consulting Limited http://www.sys-consulting.co.uk. The Licensor is granting you a free, non-commercial, non exclusive, non transferable licence to use the eSIGN Avatar plugin during the time that this License is in effect, subject to your compliance with the terms and conditions of this License.

2.2 You agree to use the eSIGN Avatar plugin for personal, non-commercial purposes. You agree to contact the Licensor if you wish to use the eSIGN Avatar plugin for purposes beyond the scope of this free license. For commercial purposes, you agree to obtain a commercial license from the Licensor and pay an appropriate royalty fee.

2.3 FOR AVOIDANCE OF DOUBT, THIS FREE LICENSE GIVES YOU THE RIGHT TO:

2.3.1 Download and use a copy of the eSIGN Avatar plugin installer program on one personal computer or other device.

2.3.2 Make a reasonable number of backup copies of the Software to the extent such copies are reasonably necessary.

2.3.3 Redistribute the installer program to third parties for non-commercial purposes provided that they agree to the terms and conditions of this agreement.

2.3.4 Unlimited use of the player as a web plugin to view SiGML content using a single avatar.

2.4. THIS FREE LICENSE DOES NOT GIVE YOU THE RIGHT TO:

2.4.1. Sub-license the eSIGN Avatar plugin to third parties under any circumstances i.e. for non-commercial or commercial uses.

2.4.2. Deploy the eSIGN Avatar plugin in applications other than a web browser or use of the VGuido avatar for any other purpose than sign language presentation.

2.5 Except to the extent permitted by statute described in clause 2.3, you will not copy, reproduce, modify, adapt, merge, translate, disassemble, decompile, reverse compile, recompile, re-utilise or reverse engineer either the code, the eSIGN Avatar plugin, or assets incorporated in the player or content creation tools or create derivative works based on the whole of or any part of the eSIGN Avatar plugin.

3 UPDATES

3.1 From time to time and at its discretion, the Licensor may make available updates, new versions or other revisions or amendments to the Software. Any such updates shall form part of the Software and shall be subject to the terms and conditions of this Agreement.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 By accepting this Agreement, you acknowledge that the Licensor owns, or is licensed to use, all copyright, and other intellectual property rights of whatever nature in and relating to the eSIGN Avatar plugin together with any customisation and/or configuration work carried out by the Licensor under the provisions of this Agreement.

5 DISCLAIMER OF WARRANTIES AND LIMITED LIABILITY

5.1 THE eSIGN AVATAR PLUGIN IS SUPPLIED "AS IS" AND ALL USE IS AT OWN RISK. THE LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE eSIGN AVATAR PLUGIN, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE eSIGN AVATAR PLUGIN WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.

5.2 UNDER NO CIRCUMSTANCES SHALL THE LICENSOR BE LIABLE TO ANY USER FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, THE eSIGN AVATAR PLUGIN, OR USER'S USE OR MISUSE OF THE eSIGN AVATAR PLUGIN OR ANY OTHER SERVICES PROVIDED BY THE LICENSOR. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE eSIGN AVATAR PLUGIN OR ANY OTHER SERVICES SUPPLIED BY THE LICENSOR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE eSIGN AVATAR PLUGIN.

6 INDEMNITY

6.1 You agree to indemnify the Licensor, their officers, directors, employees, agents, independent contractors, attorneys, accountants, parent corporations, subsidiary corporations, affiliates, successors, and assignees, from and against any and all liabilities, costs and expenses which yourself or any other party may incur as a result of your use of the eSIGN Avatar plugin other than in accordance with the provisions of this Agreement.

7 TERMINATION

7.1 This Agreement is terminable at will by the Licensee or the Licensor for any reason or for no reason at all, in either the Licensee's, Licensors's sole discretion. This Agreement shall terminate immediately upon any breach by the Licensee. Upon termination, the Licensee agrees to discard all copies of the eSIGN Avatar plugin.

7.2 Any termination of this Agreement shall be without prejudice to any other rights or remedies either party may be entitled to hereunder or at law.

8 MISCELLANEOUS

8.1 In the event that any provision in this Agreement is held to be invalid and unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

8.2 No failure or delay by the Licensor in exercising any of its rights or remedies under this Agreement shall be deemed to be a waiver of such right or remedy.

8.3 You will not be entitled to assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use of the eSIGN Avatar plugin. The Licensor shall be entitled to assign, sub-license or sub-contract its rights or obligations pursuant to this Agreement at any time.

8.4 This Agreement does not and shall not be construed as conferring on or granting to any third party any right enforceable against you or the Licensor.

8.5 This Agreement constitutes the final, complete and exclusive agreement and understanding between the parties and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof.

8.6 This Agreement is made under and shall be governed by and construed under English law and the courts of England and Wales shall be the courts of non-exclusive jurisdiction.

9. REGISTRATION AND ACCEPTANCE

By installing and or/ loading using the eSIGN Avatar plugin, each user represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, and has read, understands, and agrees to be bound by all provisions of this Agreement. Any parent, guardian or teacher of a person under the age of 18 may accept this Agreement on behalf of the user. By doing so, any such parent, guardian, or teacher represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, agrees to accept full responsibility for the child's use of the eSIGN Avatar plugin, and has read, understands, and agrees to be bound by the Agreement (Ref: UEA\RBS\9120-1).

Please note that portions of the eSIGN Avatar plugin have used the open source software, expat XML parser, which is available under the following copyright notice and permission notice:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Ref: UEA\RBS\9120-1