WindSword Sound Processor
(Demonstration Version) License

WHEREAS the Owner and Evaluator (as hereinafter defined) find that it is to their mutual benefit for the Owner to furnish to the Evaluator a copy of the Demonstration Software (as hereinafter defined) in order that the Evaluator may determine if the Software (as hereinafter defined) is suitable for the purposes of the Evaluator, AND WHEREAS the Owner and Evaluator may then enter into a contractual arrangement for the provision of one or more copies of the Software THEREFORE the Owner and Evaluator have agreed and do hereby agree that the Conditions given below shall govern the use of the Demonstration Software.

Definitions

“the Evaluator”

The person downloading the Demonstration Software from the Owner’s web site, or receiving a copy on disk (or by any other means), either from the Owner or any other party.

“the Owner”

WindSword Software Research Limited, 250 West George Street, Glasgow, G2 4QY, United Kingdom.

“the Software”

The WindSword Sound Processor (version 1.3), consisting of a software tool for the recording and editing of sound and supporting files, for use with suitable versions of Microsoft Windows and suitable computer hardware.

“the Demonstration Software”

The Software, as provided to the Evaluator, and usually containing a self-inactivation mechanism.

“the Demonstration Period”

The period from the date of receipt of the Software to the predetermined date on which the software self-inactivates or, in the absence of a self-inactivation mechanism, a period of thirty days from the date of receipt of the Software.

THE CONDITIONS

(i) The Demonstration Software is a computer program for the purpose of recording and editing sound when used on a computer equipped with suitable sound input facilities and using a suitable operating system.

(ii) The Owner is the owner of the Demonstration Software recorded on the original disk copy and all copies thereof. For the duration of the Demonstration Period the Owner grants to the Evaluator the right to use the Demonstration Software and to copy it for the purpose of evaluating the suitability of the Software for the intended purposes of the Evaluator. At the end of the Demonstration Period the Evaluator must delete all copies of the Demonstration Software.

(iii) No provision contained in any License Agreement entered into by the Evaluator with a third party relative to the use, sale or distribution of the Software or Demonstration Software or any ultimate product derived therefrom shall affect, impinge upon or dilute the property rights of the Owner as owner of the Demonstration Software or the Software from which it is derived.

(iv) Copies of the Demonstration Software may be given (free of charge) to a third party, subject to the third party accepting the terms of this license and becoming an Evaluator.

(v) The Demonstration Software may not be used, lent, leased, re-sold or marketed by the Evaluator in whole or in part otherwise than as specifically herein provided.

(vi) The Demonstration Software must not be modified, adapted, reverse engineered, de-compiled or disassembled by the Evaluator.

(vii) To the maximum extent permitted by law, the Owner disclaims with regard to the Demonstration Software all warranties, either express or implied, including (but not limited to) implied warranties of satisfactory quality or fitness for a particular purpose.

(viii) To the maximum extent permitted by law, in no event shall the Owner be liable for any damage or loss whatsoever including, without limitation, loss of business profits, business interruption, loss of business information, or any pecuniary loss arising out of the use or inability to use the Demonstration Software and this restriction shall apply even if the Owner has been advised of the possibility of such loss or damage.

(ix) The Evaluator agrees to indemnify and hold the Owner free from and against any claim or liability arising out of the use or failure of the Demonstration Software.

(x) In the event that any term, condition or provision herein contained shall be determined or shall be found to be invalid, unlawful or unenforceable in whole or in part, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the maximum extent permitted by law.

(xi) The License shall be governed and construed in accordance with the law of Scotland.