REFLECTOR SOFTWARE LICENSE ("License")
The following sets out the full License with respect to the use of the Reflector Software.
IMPORTANT NOTICE: Please read this License carefully.
BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, OR CLICKING "I ACCEPT" WHEN PROMPTED, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. THIS LICENSE IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RED GATE SOFTWARE LIMITED. IF YOU ARE ACCEPTING THIS LICENSE ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ACCEPT ON BEHALF OF AND BIND THAT PERSON OR LEGAL ENTITY TO THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
You should print and keep a copy of this License for your future reference.
1. Definitions
1.1 In this License, the following terms shall have the following meanings:
"Intellectual Property Rights" means patents, registered designs, registered trade and service marks, registered copyright and modifications to and applications for any of the foregoing and the right to apply for protection for such registered rights anywhere in the world and inventions, discoveries, copyright, database right, unregistered trade or service marks, brand names or know-how and any similar or equivalent rights whether capable of registration or not arising, applied for or granted under the laws of any country.
"License" means the terms and conditions set out in this software License agreement.
"Licensee" means (a) the person who installs the Software on a computer for his or her own personal use; or (b) where the Software is installed on a computer on behalf of an employer, another person or entity, the employer, other person or entity on whose behalf the Software has been installed.
"Licensor" means Red Gate Software Limited, a company registered in the United Kingdom with company number 3857576 and having its registered office at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.
"Software" means the version of the Reflector.exe file of Licensor's .NET class browsing software product known as "Reflector" that is current as at the date on which the Licensee accepts the terms of this License, and any related manuals, help files or other documentation.
2. Interpretation
2.1 In this License:
(a) "install", "installing", "installation" or "installed" in connection with the Software includes the downloading of the Software from the Licensor's or any third party's remote server;
(b) "includes" or "including" shall be treated as being by way of example and shall not limit the general applicability of any preceding words.
(c) the headings to the clauses of this License are for convenience only and will not affect its construction or interpretation.
3. Acceptance of License
3.1 The Licensee will be deemed to have accepted the terms of this License by downloading, installing and/or using the Software on any computer, or clicking the "I Accept" button.
4. License
4.1 In consideration of the mutual rights and obligations under this License, and subject to the provisions of this clause 4, the Licensor grants to the Licensee for the term of this License a limited, personal, non-exclusive, non-sub-licensable and non-transferable License:
(a) to use and copy the Software for the Licensee's own personal or internal business purposes on any computer owned, leased and/or controlled by the Licensee or its employer or organisation for whom the Licensee has installed the Software;
(b) to make one copy of the Software in machine readable form for normal operational security and back-up purposes. This License will apply to such copy as it applies to the original copy of the Software installed by the Licensee. Such copy and the media on which it is stored will be the property of the Licensor, and the Licensee shall ensure that such copy bears the Licensor's proprietary notices described in clause 5.2 below.
4.2 Save as set out in this License, the Licensee has no right to use, incorporate into other products, copy, publish, display, modify, translate the Software or any modification, adaptation or copy of the Software or any part thereof, nor to decompile, reverse engineer, or disassemble the source code of the Software either in whole or in part, except to the limited extent permitted by mandatory law notwithstanding contractual prohibition.
4.3 The Licensee may not rent, lease, sub-license, sell, assign or otherwise transfer the Software to any other person or permit other individuals to use the Software without the prior written consent of the Licensor.
4.4 The Licensee will not use the Software:
(a) to manufacture or distribute a product that is substantially similar to or competitive with the Software;
(b) in a manner that infringes or fails to comply with any applicable laws or regulations;
(c) for a purpose or in a manner that infringes the Intellectual Property Rights of any third party;
(d) in any critical healthcare systems, or any other systems the failure of which could cause or contribute to personal injury or death;
(e) in a manner otherwise not permitted by this License.
4.5 The Licensee will not be entitled to receive any hard-copy documentation, technical support, telephone assistance, enhancements, new versions or updates to the Software under this License ("support"). The Licensor may provide such support via its website from time to time, but will not be obliged to do so and any such support will be provided in its sole discretion and in accordance with any separate terms specified by the Licensor.
5. Ownership of Intellectual Property Rights
5.1 The Licensee acknowledges that:
(a) all Intellectual Property Rights in or relating to the Software are and shall remain the exclusive property of the Licensor;
(b) save as expressly granted under this License, the Licensee has no rights in the Software.
5.2 The Licensee agrees that it shall not remove or alter any trade marks, copyright notices or similar proprietary devices, including any electronic watermarks or other identifiers, that may be incorporated in the Software or any copy of the Software.
6. Confidentiality
6.1 The structure, organisation and source code of the Software are the valuable trade secrets and proprietary confidential information of the Licensor and its licensors. The Licensee agrees not to provide or disclose any confidential information in the Software or derived from it to any third party.
6.2 The provisions of clause 6.1 will not apply to the extent that:
(a) such information is in the possession of the Licensee free from any restriction as to its use or disclosure having been obtained otherwise than from the Licensor for the purposes of this License;
(b) the Licensee can demonstrate that such information is in the public domain (other than as a result of an unauthorised disclosure); or
(c) such information is required to be disclosed by the Licensee pursuant to a statutory or regulatory obligation or court order.
6.3 No information to which clause 6.2 applies shall be disclosed to a third party unless and until the Licensee has:
(a) given, where practicable, five (5) working days' written notice to the Licensor of such proposed disclosure;
(b) consulted with the Licensor; and
(c) agreed with the Licensor the content of the disclosure,
provided that the Licensor shall not limit the disclosure in a manner which would prevent the Licensee from complying with a statutory or regulatory obligation or court order.
7. Disclaimer
7.1 The Software is provided to the Licensee on an "AS IS" basis and with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. Except as expressly set out in this License,
