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EULA
Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use.
By clicking "I AGREE" when you first install the Software, you agree to be bound by the terms and conditions of this EULA. You further agree that any person you authorise to use the Software will also be bound by the terms and conditions of this EULA. If you do not agree to this EULA, you must promptly return the Software (on the media upon which the Software was provided) to your supplier. Upon returning the Software and providing proof of purchase, you will be entitled to a refund.
If you do not agree to this EULA, you must not use the software for any purpose whatsoever.
1. Definitions and interpretation
1.1 In this EULA:
“Computer” means a desktop, notebook, netbook or similar computer owned by and in the control of the Licensee;
“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;
“EULA” means this end user licence agreement (including the preamble), and any amendments to it from time to time;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Licensee” means the licensee of the Software under this EULA;
“Licensor” means Bare Mettle Entertainment Ltd, a limited company incorporated in England and Wales (registration number 8115532) having its registered office at 145-157 St John Street, London EC1V 4PW;
“Software” means Exanima including following the application of any Upgrade; and
“Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.
1.2 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of this EULA.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of this EULA.
2. Term of EULA
This EULA will come into force on the Effective Date and will continue in force indefinitely, unless and until terminated in accordance with Clause 8.
3. Licence
3.1 The Licensee may only use the Software for the Licensee's own private and non-commercial purposes and in accordance with the provisions of this Clause 3.
3.2 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, and the Licensee's compliance with Clause 3.4 and the other provisions of this EULA, the Licensor grants to the Licensee a non-exclusive non-transferable licence to:
(a) download 1 instance of the Software;
(b) install 1 instance of the Software; and
(c) use 1 instance of the Software;
on 1 Computer anywhere in the world.
3.3 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, and the Licensee's compliance with Clause 3.4 and the other provisions of this EULA, the Licensor further grants to the Licensee the rights to:
(a) make not more than 1 back-up copy of the Software,
anywhere in the world.
3.4 The Licensee must not:
(a) copy or reproduce the Software or any part of the Software other than in accordance with the licence granted in this Clause 3;
(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software;
(c) modify, alter, adapt, translate or edit, or create derivative works of, the Software or any part of the Software;
(d) reverse engineer, decompile, disassemble the Software or any part of the Software; or
(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorised use,
providing that nothing in this Clause 3.4 will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law (including any act expressly permitted by Section 296A of the Copyright, Designs and Patents Act 1988).
3.5 All Intellectual Property Rights in the Software are and will remain, as between the parties, the property of the Licensor.
3.6 The Licensee must provide to the Licensor, or procure for the Licensee, upon reasonable notice and during normal business hours, reasonable access to:
(a) any Computers and/or media upon which the Software is stored, installed or used; and
(b) any premises at which any such Computer and/or media is situated from time to time,
for the purpose of the investigating whether the Licensee is complying with the terms of this EULA.
4. Other Users
The Licensee must not permit any other person to use the Software or to exercise any of the other rights granted by the Licensee to the Licensor in this EULA.
5. Upgrades
5.1 The Licensee may apply to the Software each Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time.
6. Limited warranties
6.1 The Licensee warrants to the Licensor that it has the legal right and authority to enter into and perform its obligations under this EULA.
6.2 The Licensor warrants to the Licensee:
(a) that it has the legal right and authority to enter into and perform its obligations under this EULA;
(b) that the use of the Software by the Licensee in accordance with the terms of this EULA will not infringe the UK Intellectual Property Rights of any third party; and
(c) that the Licensor has tested the Software for computer virus and other malicious third party software infections in accordance with standard industry practice from time to time.
6.3 The Licensee acknowledges that:
(a) the Software may not be error-free and that non-material errors in the software will not constitute a breach of this EULA;
(b) the Software has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Software is suitable to meet the Licensee's requirements.
6.4 All of the parties' liabilities and obligations in respect of the subject matter of this EULA are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of this EULA will be implied into this EULA or any related contract.
7. Limitations and exclusions of liability
7.1 Nothing in the EULA will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law,
and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the EULA.
7.2 The limitations and exclusions of liability set out in this Clause 7 and elsewhere in the EULA:
(a) are subject to Clause 7.1; and
(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event.
7.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software.
7.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage.
7.7 The Licensor's aggregate liability to the Licensee will not exceed the amount paid by the Licensee to the Licensor for the Software.
8. Termination
This EULA will terminate immediately and automatically if:
(a) the Licensee or any employee of the Licensee or person authorised by the Licensee to use the Software breaches any provision of this EULA;
(b) the Licensee: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(c) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Licensee;
(d) an order is made for the winding up of the Licensee, or the Licensee passes a resolution for its winding up; or
(e) (where the Licensee is an individual) the Licensee dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
9. Effects of termination
9.1 Upon termination all the provisions of this EULA will cease to have effect, save that the following provisions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 7 and 10.
9.2 Termination of this EULA will not affect either party's accrued rights and liabilities.
9.3 Save as expressly provided in this EULA, the Licensee will not be entitled to a refund upon the termination of this EULA.
10. General
10.1 No breach of any provision of this EULA will be waived except with the express written consent of the party not in breach.
10.2 If a Clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this EULA will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
10.3 The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee's consent. Save as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.
10.4 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
10.5 This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. Subject to Clause 7.1, each party acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the other party.
10.6 This EULA will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
THIRD PARTY SOFTWARE
Exanima uses a third party, LGPL-licensed library called OpenAL Soft. The specific library we are using is an unmodified binary obtained from the OpenAL Soft project page here: http://kcat.strangesoft.net/openal.html
The library is dynamically linked, to use your own simply replace the OpenAL32.dll file provided with the Exanima executable.
A copy of the binary we are using is available from us here: http://dl.baremettle.com/openal-soft-1.16.0-bin.zip
A copy of the source code of the binary we are using (also obtained from the OpenAL Soft project page) is available from us here: http://dl.baremettle.com/openal-soft-1.16.0.tar.bz2
A copy of the appropriate LGPL licence is below:
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <<http://fsf.org/>>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU
General Public License.
"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
An "Application" is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library.
Defining a subclass of a class defined by the Library is deemed a mode
of using an interface provided by the Library.
A "Combined Work" is a work produced by combining or linking an
Application with the Library. The particular version of the Library
with which the Combined Work was made is also called the "Linked
Version".
The "Minimal Corresponding Source" for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code
for portions of the Combined Work that, considered in isolation, are
based on the Application, and not on the Linked Version.
The "Corresponding Application Code" for a Combined Work means the
object code and/or source code for the Application, including any data
and utility programs needed for reproducing the Combined Work from the
Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application
that uses the facility (other than as an argument passed when the
facility is invoked), then you may convey a copy of the modified
version:
a) under this License, provided that you make a good faith effort to
ensure that, in the event an Application does not supply the
function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of
this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object
code under terms of your choice, provided that, if the incorporated
material is not limited to numerical parameters, data structure
layouts and accessors, or small macros, inline functions and templates
(ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the
Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license
document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that,
taken together, effectively do not restrict modification of the
portions of the Library contained in the Combined Work and reverse
engineering for debugging such modifications, if you also do each of
the following:
a) Give prominent notice with each copy of the Combined Work that
the Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.
c) For a Combined Work that displays copyright notices during
execution, include the copyright notice for the Library among
these notices, as well as a reference directing the user to the
copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.
1) Use a suitable shared library mechanism for linking with the
Library. A suitable mechanism is one that (a) uses at run time
a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version
of the Library that is interface-compatible with the Linked
Version.
e) Provide Installation Information, but only if you would otherwise
be required to provide such information under section 6 of the
GNU GPL, and only to the extent that such information is
necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the
Application with a modified version of the Linked Version. (If
you use option 4d0, the Installation Information must accompany
the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation
Information in the manner specified by section 6 of the GNU GPL
for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the
Library side by side in a single library together with other library
facilities that are not Applications and are not covered by this
License, and convey such a combined library under terms of your
choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based
on the Library, uncombined with any other library facilities,
conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it
is a work based on the Library, and explaining where to find the
accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Library as you received it specifies that a certain numbered version
of the GNU Lesser General Public License "or any later version"
applies to it, you have the option of following the terms and
conditions either of that published version or of any later version
published by the Free Software Foundation. If the Library as you
received it does not specify a version number of the GNU Lesser
General Public License, you may choose any version of the GNU Lesser
General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall
apply, that proxy's public statement of acceptance of any version is
permanent authorization for you to choose that version for the
Library.
Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use.
By clicking "I AGREE" when you first install the Software, you agree to be bound by the terms and conditions of this EULA. You further agree that any person you authorise to use the Software will also be bound by the terms and conditions of this EULA. If you do not agree to this EULA, you must promptly return the Software (on the media upon which the Software was provided) to your supplier. Upon returning the Software and providing proof of purchase, you will be entitled to a refund.
If you do not agree to this EULA, you must not use the software for any purpose whatsoever.
1. Definitions and interpretation
1.1 In this EULA:
“Computer” means a desktop, notebook, netbook or similar computer owned by and in the control of the Licensee;
“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;
“EULA” means this end user licence agreement (including the preamble), and any amendments to it from time to time;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Licensee” means the licensee of the Software under this EULA;
“Licensor” means Bare Mettle Entertainment Ltd, a limited company incorporated in England and Wales (registration number 8115532) having its registered office at 145-157 St John Street, London EC1V 4PW;
“Software” means Exanima including following the application of any Upgrade; and
“Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.
1.2 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of this EULA.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of this EULA.
2. Term of EULA
This EULA will come into force on the Effective Date and will continue in force indefinitely, unless and until terminated in accordance with Clause 8.
3. Licence
3.1 The Licensee may only use the Software for the Licensee's own private and non-commercial purposes and in accordance with the provisions of this Clause 3.
3.2 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, and the Licensee's compliance with Clause 3.4 and the other provisions of this EULA, the Licensor grants to the Licensee a non-exclusive non-transferable licence to:
(a) download 1 instance of the Software;
(b) install 1 instance of the Software; and
(c) use 1 instance of the Software;
on 1 Computer anywhere in the world.
3.3 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, and the Licensee's compliance with Clause 3.4 and the other provisions of this EULA, the Licensor further grants to the Licensee the rights to:
(a) make not more than 1 back-up copy of the Software,
anywhere in the world.
3.4 The Licensee must not:
(a) copy or reproduce the Software or any part of the Software other than in accordance with the licence granted in this Clause 3;
(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software;
(c) modify, alter, adapt, translate or edit, or create derivative works of, the Software or any part of the Software;
(d) reverse engineer, decompile, disassemble the Software or any part of the Software; or
(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorised use,
providing that nothing in this Clause 3.4 will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law (including any act expressly permitted by Section 296A of the Copyright, Designs and Patents Act 1988).
3.5 All Intellectual Property Rights in the Software are and will remain, as between the parties, the property of the Licensor.
3.6 The Licensee must provide to the Licensor, or procure for the Licensee, upon reasonable notice and during normal business hours, reasonable access to:
(a) any Computers and/or media upon which the Software is stored, installed or used; and
(b) any premises at which any such Computer and/or media is situated from time to time,
for the purpose of the investigating whether the Licensee is complying with the terms of this EULA.
4. Other Users
The Licensee must not permit any other person to use the Software or to exercise any of the other rights granted by the Licensee to the Licensor in this EULA.
5. Upgrades
5.1 The Licensee may apply to the Software each Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time.
6. Limited warranties
6.1 The Licensee warrants to the Licensor that it has the legal right and authority to enter into and perform its obligations under this EULA.
6.2 The Licensor warrants to the Licensee:
(a) that it has the legal right and authority to enter into and perform its obligations under this EULA;
(b) that the use of the Software by the Licensee in accordance with the terms of this EULA will not infringe the UK Intellectual Property Rights of any third party; and
(c) that the Licensor has tested the Software for computer virus and other malicious third party software infections in accordance with standard industry practice from time to time.
6.3 The Licensee acknowledges that:
(a) the Software may not be error-free and that non-material errors in the software will not constitute a breach of this EULA;
(b) the Software has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Software is suitable to meet the Licensee's requirements.
6.4 All of the parties' liabilities and obligations in respect of the subject matter of this EULA are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of this EULA will be implied into this EULA or any related contract.
7. Limitations and exclusions of liability
7.1 Nothing in the EULA will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law,
and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the EULA.
7.2 The limitations and exclusions of liability set out in this Clause 7 and elsewhere in the EULA:
(a) are subject to Clause 7.1; and
(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event.
7.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software.
7.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage.
7.7 The Licensor's aggregate liability to the Licensee will not exceed the amount paid by the Licensee to the Licensor for the Software.
8. Termination
This EULA will terminate immediately and automatically if:
(a) the Licensee or any employee of the Licensee or person authorised by the Licensee to use the Software breaches any provision of this EULA;
(b) the Licensee: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(c) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Licensee;
(d) an order is made for the winding up of the Licensee, or the Licensee passes a resolution for its winding up; or
(e) (where the Licensee is an individual) the Licensee dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
9. Effects of termination
9.1 Upon termination all the provisions of this EULA will cease to have effect, save that the following provisions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 7 and 10.
9.2 Termination of this EULA will not affect either party's accrued rights and liabilities.
9.3 Save as expressly provided in this EULA, the Licensee will not be entitled to a refund upon the termination of this EULA.
10. General
10.1 No breach of any provision of this EULA will be waived except with the express written consent of the party not in breach.
10.2 If a Clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this EULA will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
10.3 The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee's consent. Save as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.
10.4 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
10.5 This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. Subject to Clause 7.1, each party acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the other party.
10.6 This EULA will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
THIRD PARTY SOFTWARE
Exanima uses a third party, LGPL-licensed library called OpenAL Soft. The specific library we are using is an unmodified binary obtained from the OpenAL Soft project page here: http://kcat.strangesoft.net/openal.html
The library is dynamically linked, to use your own simply replace the OpenAL32.dll file provided with the Exanima executable.
A copy of the binary we are using is available from us here: http://dl.baremettle.com/openal-soft-1.16.0-bin.zip
A copy of the source code of the binary we are using (also obtained from the OpenAL Soft project page) is available from us here: http://dl.baremettle.com/openal-soft-1.16.0.tar.bz2
A copy of the appropriate LGPL licence is below:
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <<http://fsf.org/>>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU
General Public License.
"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
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