This Licence is a binding legal agreement between the individual who downloads the Software ('You') and Graham Lea. Even though a Licence fee is not paid for use of this software, it does not mean that there are not conditions for using such software.
As a condition for granting you a Licence to use this software, you agree to all of the following terms and conditions. You are deemed to have read, understand, and have accepted all such terms and conditions upon executing a download of this program.
THIS SOFTWARE IS COPYRIGHTED AND GRAHAM LEA CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENCED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS LICENCE.
If you fail to abide by any of the terms and conditions set forth herein, your Licence to use the software shall be immediately and automatically revoked, without any notice or other action by Graham Lea.
LICENCE TERMS FOR PHOTO PAGE CREATOR (for the purposes of this licence document henceforth known as 'the Software')
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Graham Lea grants you a non-exclusive licence to use the Software subject to Your compliance with all of the terms and conditions of this Licence Agreement.
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You are only granted a licence for the machine-readable, object code portion of the Software. You will not modify, enhance, reverse engineer or otherwise alter the Software from its current state.
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You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software.
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The output of the Software (henceforth known as a 'Photo Page') contains portions of the Software, each of these portions being wholly contained in a single file that contains a copyright notice (henceforth known as 'the Redistributables'). You may publish one copy of the Redistributables, without modification, for each Photo Page produced by the Software, in the same location as all the files of the Photo Page, and for the sole purpose of making the Photo Page functional, on a single web server that may or may not be accessible to the general public. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Redistributables, or any part thereof, or any modification or derived works thereof, except under the conditions set forth herein.
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You will not have any proprietary rights in and to the Software. You acknowledge and agree that Graham Lea retains all copyrights and other proprietary rights in and to the Software.
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Your licence to use the Software shall be revocable by Graham Lea upon written notice to you. This licence shall automatically terminate upon your violation of the terms hereof or upon your use of the Software beyond the scope of the licence provided herein.
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Use within the scope of this licence is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this licence shall constitute copyright infringement.
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This licence shall be effective and bind you upon your downloading of the Software.
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You accept the Software on an 'AS IS' and with all faults basis. No representations and warranties are made to you regarding any aspect of the Software.
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GRAHAM LEA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. GRAHAM LEA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
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This Licence Agreement shall be construed, interpreted and governed by the laws of the State of New South Wales without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Licence Agreement shall be an appropriate national/federal or state court sitting in the State of New South Wales, Australia. This Licence Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Licence Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Licence Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Licence Agreement shall be interpreted so as to reasonably effect the intention of the parties.
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Graham Lea's failure to enforce any rights hereunder or its copyright in the Software shall not be construed as amending this agreement or waiving any of Graham Lea's rights hereunder or under any provision of Australian law.
Copyright © 2005 Graham Lea