Modulator Jane : license

L I C E N S E A G R E E M E N T

LICENSE, COPYRIGHT & DISCLAIMER

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE 
USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE 
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE 
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS 
LICENSE AGREEMENT, AND IF YOU HAVE ALREADY INSTALLED
THE SOFTWARE, YOU MUST IMMEDIATELY DESTROY OR 
PERMANENTLY DELETE ALL COPIES OF THE SOFTWARE.

I. COPYRIGHT

This software, documentation, and joined ressources
are the confidential and proprietary information of 
Neural Semantics sprl ("Neural Semantics"). You shall 
not disclose such confidential information and shall 
use it only in accordance with the terms of the 
license agreement you entered into with Neural 
Semantics.

II. LICENSE AGREEMENT

This license agreement governs the use of the 
Modulator Jane 1.0 software library ("Software").

The "General terms" apply to all license versions
of the Software. Depending on the license type (Home 
Edition or Server Edition) granted to you by 
Neural Semantics, the "Particular terms" apply to 
each particular license.

1. LICENSE AGREEMENT - GENERAL TERMS

The following terms apply to all license versions 
   of the Software.

Use, in binary form, of the Software, by you 
   ("Licensee"), is permitted provided that you 
   agree to the terms and conditions of this 
   agreement ("License Agreement") :

1.1. COPIES

You may make one copy of the Software only for 
   archival purposes in support of your use of the 
   Software. You may also make one copy of the 
   Software only for testing purposes on your local 
   file system, if the Software is licensed for 
   use on a server. The latter are allowed, 
   provided that you reproduce all copyright and 
   other proprietary notices that are on the 
   original copy of the Software. You may not 
   modify the Software in any way.

1.2. DISTRIBUTION

You may not redistribute the Software or any 
   portion thereof under any circumstances or by 
   any means whatsoever. Any Licensee wishing to 
   distribute any part of the Software should contact 
   Neural Semantics to negotiate an appropriate 
   license. Distribution includes, but is not limited 
   to : 
   (1) integration of all or any part of the Software 
   into any third party's product or Software, or 
   (2) distribution of the Software to third parties, 
   or
   (3) making the Software available to third parties 
   by any computer network means, except through the 
   specific HTML tags aimed at the execution of the 
   Software on your web pages.

If expressly allowed by Neural Semantics, 
   distributions must reproduce the present copyright 
   notice, list of conditions and disclaimers in the 
   documentation and/or other materials provided with 
   the distribution.

1.3. LIMITATIONS

Software is confidential copyrighted information of 
   Neural Semantics and title to all copies is retained 
   by Neural Semantics and/or its licensors. Neural 
   Semantics reserves all rights not expressly granted 
   to Licensee. Except to the extent enforcement of 
   this provision is prohibited by applicable law, if 
   at all, Licensee shall not decompile, disassemble, 
   decrypt, extract, reverse engineer, or otherwise 
   reduce the Software to a human-perceivable form. 
   Licensee may not modify, rent, lease, sell, assign, 
   sublicense, loan, distribute, or create derivative 
   works based upon the Software in whole or in part. 
   Licensee may not remove any copyright, trademark, 
   or other proprietary notices from the Software.

1.4. BREACH OF LICENSE AGREEMENT

If any part of this agreement is broken by 
   Licensee, the license is revoked, the Software and 
   any copies possessed by Licensee must be destroyed, 
   and all outstanding contractual obligations of 
   Neural Semantics towards Licensee are cancelled 
   without refund of any money paid by Licensee. This 
   does not exclude further proceedings against the 
   Licensee.

1.4. JURISDICTION

Any action related to this Agreement will be 
   governed by Belgian law. No choice of law rules of 
   any jurisdiction will apply.

If any of the above provisions are held to be in 
   violation of applicable law, void, or unenforceable 
   in any jurisdiction, then such provisions are 
   herewith waived or amended to the extent necessary 
   for the License Agreement to be otherwise 
   enforceable in such jurisdiction.

1.5. LIABILITY EXCLUSION.

This Software is provided by Neural Semantics "As
   is". Neural Semantics makes no guarantee or
   representation, either express or implied, about
   the Software's suitability for any purpose.

In no event shall Neural Semantics and/or authors 
   and copyright holders of this Software be liable 
   for any damages whatsoever (including, but not 
   limited to, procurement of substitute goods and 
   services; loss of business profits, information 
   and data; business interruption, or other 
   pecuniary, intellectual or personal loss) suffered 
   by anyone as a result of using (where "use" 
   includes, but is not limited to, both designing a 
   web site and visiting a web site where the Software 
   is in use), modifying or distributing this Software. 
   Licensee takes full responsibility of evaluating 
   the appropriateness of using this Software, and 
   making it available to anyone, with respect to the 
   health of anyone who could come in contact with the 
   Software.

YOU AGREE TO HOLD NEURAL SEMANTICS HARMLESS FROM, 
   AND YOU COVENANT NOT TO SUE NEURAL SEMANTICS 
   FOR, ANY CLAIMS BASED ON USING THE SOFTWARE.

1.6. GUARANTEE

The Software is provided by Neural Semantics "as 
   is" and without any kind of guarantee. Licensee 
   agrees specifically to the following: (1) Licensee 
   is aware that a functional trial version of the 
   Software is available for testing before purchase, 
   and the licensee, by purchasing, agrees that the 
   Software is usable and satisfactory;
   (2) Licensee is aware that Java applets are highly 
   dependent for their performance upon third party 
   software (e.g. "Java Virtual Machines"), network 
   environments, and computer hardware. These factors 
   all affect the functioning of the Software, and may 
   result in unpredictable quality, making the Software 
   appear to malfunction in some environments.

1.7. APPLICATION RESTRICTIONS

NO PART OF THE SOFTWARE IS DESIGNED OR INTENDED FOR 
   USE IN ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, 
   AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR 
   IN THE DESIGN, CONSTRUCTION, OPERATION OR 
   MAINTENANCE OF ANY NUCLEAR FACILITY. NEURAL 
   SEMANTICS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY 
   OF FITNESS FOR SUCH USES. LICENSEE REPRESENTS AND 
   WARRANTS THAT IT WILL NOT USE THE SOFTWARE FOR SUCH 
   PURPOSES.

2. LICENSE AGREEMENT - PARTICULAR TERMS

Depending on the license (Home Edition or Server
   Edition) granted to you by Neural Semantics, the 
   following terms apply :

2.1. HOME EDITION LICENSE

The copy of the Software obtained under this 
   License Agreement is restricted to use on
   a single computer only, provided that (1) that
   computer is not configured as a server, whether
   private or public, and (2) the Software on that 
   computer may not be accessed from another 
   computer, and (3) that computer is not made
   available for rent.

2.2. SERVER EDITION LICENSE

The copy of the Software obtained under this 
   License Agreement is restricted to use (1) by 
   one legal person only, and (2) on one server 
   (physical machine) only, and (3) on one web 
   site only.

"Use" means owning, designing and/or modifying 
   one or several web document(s) integrating the 
   Software. The web site at which the copy of the 
   Software may be used may only be that site agreed 
   by Licensee and Neural Semantics.

A "web site" is defined as a sequence of web
   pages which simultaneously fulfill all of the
   following criteria : (1) having a single public 
   entry address (IP) and base URL; (2) conforming 
   to a thematic, structural and functional unity; 
   (3) belonging to one legal entity only; (4) no 
   other web sites may be within the same path as 
   the base URL (i.e. an ISP root does not identify
   a "web site").

If a copy of the Software is purchased for a 
   third party (e.g. by a web design company working 
   for independent clients), the following additional 
   conditions apply. (1) Both immediate purchaser and 
   final licensee are regarded as co-licensees. (2) 
   Each licensee must agree to the License Agreement 
   before any copy of the Software is transferred to
   them; the immediate purchaser is responsible for 
   ensuring that such agreement is made. (3) The 
   intended third party and final Software location 
   must be named at the time of purchase.

2.3. OTHER LICENSES

All parts of this agreement not explicitly 
   changed by an additional agreement remain valid. 
   Additional agreements varying or adding to this 
   License Agreement are only valid if and as 
   expressly and formally stated by Neural Semantics.

III. TRADEMARKS

Modulator Jane is a trademark of Neural Semantics 
sprl. Java is a trademark of Sun Microsystems, 
inc. Other trademarks are the property of their 
respective owners.