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THE ACCOMPANYING PROGRAM
IS PROVIDED UNDER THE TERMS OF THIS KUJU PUBLIC LICENCE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES YOUR ACCEPTANCE OF THIS
AGREEMENT.
DEFINITIONS "Program" refers to the collection of files distributed
by Kuju, and derivatives of that collection of files.
"Kuju" means Kuju Entertainment Limited, a
company registered in England and Wales having company number
3481384 and registered office at Unit 10 Woodside Park, Catteshall
Lane, Godalming, Surrey GU7 1LG.
"You" is the person or entity downloading,
distributing or howsoever using the Program, and "Your" and
"Yourself" shall be construed accordingly.
1. LICENCE TO USE / GRANT OF
RIGHTS Permission is granted to You to download and use the
Program without payment of a licence fee for any not-for-profit
lawful purpose on any computer system, and to alter it and
redistribute it freely, subject to and in consideration of Your
acceptance and compliance with the terms of this Agreement. The
parties acknowledge that the grant of a licence in return for
compliance with the terms of this Agreement constitutes good
consideration.
2. REQUIREMENTS AND RESTRICTIONS 2.1
You may make and give away verbatim copies of the source form of the
Program without restriction, provided that You duplicate all of the
original copyright notices and associated disclaimers, including
this Agreement.
2.2 You may modify and redistribute this
Program in any form provided: i) You comply with the terms of
2.1; and ii) You place Your modifications in the public domain
or otherwise make them freely available; and iii) You clearly
document the modifications You have made to the Program, identifying
the nature of the change and Yourself.
2.3 Kuju's name may not be used to endorse or
promote products derived from this software without specific prior
written permission.
3. NO COMMERCIAL DISTRIBUTION No
commercial use or exploitation of this Program involving resale of
all or part of the Program, whether modified or not, is
permitted.
4. NO SUPPORT Kuju will not provide
any technical support for the Program.
5. NO WARRANTY EXCEPT AS EXPRESSLY
SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PROGRAM IS PROVIDED BY KUJU, WITHOUT TERMS,
REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, WHETHER
WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, REASONABLE SKILL AND CARE OR FITNESS FOR A
PARTICULAR PURPOSE. The parties agree that they have not relied upon
any terms, representations, conditions or warranties in entering
into this Agreement other than those set out herein. The preceding
sentence of this Clause 5 shall not apply in the case of
fraud.
6. INDEMNITY; DISCLAIMER OF
LIABILITY You agree to indemnify, defend and hold Kuju
harmless from and against any claim, liability, damage, expense or
cost in connection with your use of the Program.
EXCEPT IN RESPECT OF ANY LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FRAUD OR ANY OTHER
LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW AND AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, KUJU SHALL NOT HAVE ANY
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OR LOSS OF
DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE
PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND INCLUDING, WITHOUT
LIMITATION, LIABILITY FOR INFRINGEMENT OF THIRD PARTY RIGHTS.
7. GENERAL If any provision of this
Agreement is invalid or unenforceable under applicable law, it shall
not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties
hereto, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable. Nothing
in this Agreement shall be deemed to place the parties in the
relationship of employer-employee, principal-agent, partners, or
joint venturers.
The construction, validity and performance of
the Agreement shall be governed by and construed in accordance with
the laws of England and each of the parties hereby irrevocably
submit to the non-exclusive jurisdiction of the English
courts.
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