Praxis Seminar Licence Training Document

JASigning LICENSE AGREEMENT

IMPORTANT: Please read the License carefully as it is a legal contract and imposes obligations on you as a user of the JASigning software. By downloading and using the software, you will be bound by this License (Ref: UEA\RBS\nnnn-n9120-1).

The JASigning software 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 “JASigning” means the Java-based implementation of the avatar player software, with associated avatars, configured as a web browser plugin or stand-alone application 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 Licence

1.1 The Licensor is making the JASigning software 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 JASigning software during the time that this License is in effect, subject to your compliance with the terms and conditions of this License.

1.2 You agree to use the JASigning software for personal, non-commercial purposes. You agree to contact the Licensor if you wish to use the JASigning software 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.

1.3 For avoidance of doubt, this free license gives you the right to

1.3.1 Down load and use a copy of the JASigning software installer program on one personal computer or other device.

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

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

1.3.4 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 JASigning software to third parties under any circumstances i.e. for non-commercial or commercial uses

2.4.2. Deploy the JASigning software in new applications or use the avatars 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 JASigning software, or assets incorporated in the player or content creation tools or create derivative works based on the whole of or any part of the JASigning software.

3 Updates

1.4 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

1.5 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 JASigning software 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

1.6 THE JASigning SOFTWARE 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 JASigning SOFTWARE, 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 JASigning SOFTWARE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.

1.7 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 JASigning SOFTWARE, OR USER’S USE OR MISUSE OF THE JASigning SOFTWARE 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 JASigning SOFTWARE OR ANY OTHER SERVICES SUPPLIED BY THE LICENSOR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE JASigning SOFTWARE.

6 Indemnity

1.8 You agree to indemnify the Licensor, their officers, directors, employees, agents, independent contractors, attorneys, accountants, parent corporations, subsidiary corporations, affiliates, successors, and assigns, 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 JASigning software other than in accordance with the provisions of this Agreement.

7 Termination

1.9 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 JASigning software.

1.10 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

1.11 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.

1.12 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.

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

1.14 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.

1.15 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.

1.16 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 JASigning software, 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 JASigning software, and has read, understands, and agrees to be bound by the Agreement (Ref: UEA\RBS\9120-1nnnn-n).

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

and Clark Cooper

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.

Portions of this software are based in part on the work of the dom4j

project.

BSD style license

Redistribution and use of this software and associated documentation

("Software"), with or without modification, are permitted provided that

the following conditions are met:

1. Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name "DOM4J" must not be used to endorse or promote products derived from this Software without prior written permission of MetaStuff, Ltd. For written permission, please contact dom4j-info@metastuff.com.

4. Products derived from this Software may not be called "DOM4J" nor may "DOM4J" appear in their names without prior written permission of MetaStuff, Ltd. DOM4J is a registered trademark of MetaStuff, Ltd.

5. Due credit should be given to the DOM4J Project (http://dom4j.org/).

THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.