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Great War Digital Limited – End User Licence Agreement
Great War Digital Limited (We) owns the copyright trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with the enclosed software including all documentation and manuals (Software). It is unlawful to load the software into a computer or personal digital assistant/global positioning system device (PDA/GPS) without our licence. We are willing to license the software to you only on the condition that you accept all the terms contained in this licence (Licence). Please read this Licence carefully before breaking the seal on the CD/DVD packaging. By opening this packaging you agree to be bound by the terms of this Licence. If you do not agree with these terms and conditions, we are unwilling to license the software to you and you should not open this CD/DVD package. In such case you should, within 14 days of purchase, return the unopened disk package and all accompanying items to us or your supplier with proof of purchase for a full refund.
In consideration of your agreement to the terms of this Licence, we grant you a non-exclusive, non-transferable right to use the Software in accordance with clause 2 below. This Licence is personal to you as the buyer of the Software and is for your benefit only.
2. Permitted use
As purchaser of the authorised copy of the Software, you may, subject to the following conditions, load the Software into and use it on a single computer and PDA/GPS which is under your control. The Software may only be used by you for non-commercial purposes;
3. Restrictions on use
You may not nor permit others to:
3.1 load the Software into two or more computers at the same time. If you wish to transfer the Software from one computer to another, you must erase the Software from the first hard drive before you install it onto a second hard drive; or
3.2 sub-license, assign, rent, lease or transfer the Licence or the Software or make or distribute copies of the Software except as permitted by this Licence; or
3.3 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law; or
3.4 make copies of the Software, in whole or part; or
3.5 copy the written materials or maps accompanying the Software; or
3.6 adapt, modify, delete or translate the written material or maps accompanying the Software in any way for any purpose whatsoever; or
3.7 vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.
As licensee you own only the CD/DVD or medium on which the Software is recorded or fixed. You may retain the media on termination of this Licence provided the Software is erased. We shall at all times retain ownership of the Software.
Subject to clause 5.2, we warrant that for a period of 60 days from the date of your purchase of the Software (Warranty Period):
5.1 The medium on which the Software is recorded will be free from defects in materials and workmanship under normal use. If the CD/DVD fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at your option) either a replacement free of charge or a full refund if you return the defective CD/DVD to us or to your supplier during the Warranty Period with a dated proof of purchase; and
5.2 The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to us or to your supplier during the warranty period, along with dated proof of purchase, specifying the problem, and we will provide you either with a new version of the Software or a full refund (at your option).
5.3 We shall not be liable under the warranties given in clauses 5.1 and 5.2 above if the CD/DVD or the Software fails to operate in accordance with the said warranty as a result of any modification, variation, or addition to the Software not performed by us or caused by any abuse, corruption or incorrect use of the CD/DVD or Software, including use of the Software with equipment or other software which is incompatible.
We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Licence, so far as such exclusion or disclaimer is permitted under the applicable law. This Licence does not affect your statutory rights.
7.1 Our liability to you for any losses shall not exceed the amount you originally paid for the Software.
7.2 In no event will we be liable to you for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
7.3 Nothing in this Licence limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.
8.1 The Licence and the licence granted to use the Software automatically terminates if you:
8.1.1 fail to comply with any provisions of this Licence; or
8.1.2 destroy the copies of the Software in your possession; or
8.1.3 voluntarily return the Software to us.
8.2 In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your control.
In the event that any provision of this Licence is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Licence and the remaining provisions of this Licence shall remain in full force and effect.
10. Entire agreement
You have read and understand this Licence and agree that it constitutes the complete and exclusive statement of the Licence between us with respect to the subject matter of this Licence.
This Licence is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Licence or any right or obligation under it without our prior written consent.
12. Law and disputes
This Licence is governed by the laws of England and Wales and the exclusive jurisdiction of the English courts.
13. French regulations
We accept no liability arising as a result of your using the Software to assist you in committing a breach of any laws or regulations in any legal jurisdiction. Of particular relevance, we would like to highlight some provisions in French law, which may be of relevance. Please note that the following wording is not a formal legal translation and cannot be relied upon for its accuracy. If you are in any doubt as to the interpretation of the regulations, we recommend that you obtain independent legal advice. Please note that a breach of these or any other regulations may result in legal sanctions being imposed upon you, including but not limited to fines and imprisonment.
French Code du Patrimoine
- Article L.531-1 - It is not permissible for anyone to dig or excavate on land, whether wholly owned or belonging to others for the purposes of archeological exploitation (whatever form this may take) without obtaining prior approval from the appropriate administrative authority. If permission is given then the administrative authority will determine the timing, supervision and methodology for the proposed work.
- Article L.542-1 - It is not permissible for anyone to use equipment for the detection of metallic objects (i.e. metal detectors) for the purpose of historic/artistic/archeological research without obtaining prior authorization from the appropriate administrative authority, who will require to know the nature of the research and establish the suitable qualifications of those requesting the authorization.
14. Acknowledgements & warranty
14.1 All digital images are reproduced by courtesy of The National Archives, London, England; The Royal Geographical Society (with IBG), London, England, Nationaal Geografisch Instituut (Institut Geographique National), Brussels, Belgium, Imperial War Museum, London and Great War Digital Limited, London, England.
14.2 The National Archives, The Royal Geographical Society (with IBG), Nationaal Georafisch Instituut, Imperial War Museum and Great War Digital Limited, give no warranties as to the accuracy, completeness or fitness for the purpose of the information provided within the original source materials.
14.3 Images may not be used for commercial purposes or gain and may only be used for the purposes of research or private study. Applications for any other use should initially be made to Great War Digital Limited, PO Box 272, Orpington BR6 0GX and then to The National Archives Image Library, Kew, Richmond, Surrey TW9 4DU, The Royal Geographical Society (with IBG), 1 Kensington Gore, London SW7 2AR, Nationaal Geografisch Instituut, Abbaye de la Cambre 13, B-1000 Bruxelles, Belgium, Imperial War Museum, Lambeth Road, London SE1 6HZ as appropriate.