Software License Agreement and Warranty Statement
(End User License Agreement)

Excalibur Publishing Limited is willing to license the software on the condition that you accept all of the terms contained in this license agreement.  Please read this carefully before installing the software as installing the software will indicate your agreement with them.  If you do not agree with these terms then Excalibur Publishing Limited is unwilling to license the software to you in which case you should return the software for a full refund.  
1. The software.  The accompanying computer programs, data compilation(s) and documentation are referred to herein as “The Software.”
2. Perpetual Term.  The term of the license granted herein shall be perpetual unless terminated by written notice by you for convenience or terminated by either party for material breach.  Immediately upon termination of this license for any reason, you shall return to Excalibur Publishing Limited all copies of the software and documentation. 
3.  License Grant.  (Single CPU or network per CPU)  You are granted non-exclusive rights to install and use the Software on any single computer and/or transmit the software over an internal computer network, provided that you require and dedicate a licensed copy of the software for each computer on which the software is used or to which it is transmitted over an internal network.  A license for the software may not be shared or used concurrently on different computers; however, if the software is permanently installed on the hard disk or other storage device of a computer (other than a network server), and one person uses that computer more than 80% of the time, then that person may also use the software on a portable or home computer.  You may purchase additional licenses for the software from time to time.  This agreement shall take precedence over any purchase order for additional licenses, and any conflicting, inconsistent, or additional terms in such purchase orders shall be null and void.  You may copy the software for archival purposes, provided that all copies must contain the original software’s proprietary notices in unaltered form.
4. Restrictions.  You may not: (i) permit others to use the software, except as expressly provided above for authorised network use: (ii) modify or translate the software: (iii) reverse engineer, decompile, or disassemble the software, except to the extent this restriction is expressly prohibited by applicable law: (iv) create derivative works based on the software: (v) merge the software with another product: (vi) copy the software, except as expressly provided above: or (vii) remove or obscure any proprietary rights notices or labels on the software. 
5. Ownership.  Excalibur Publishing Limited and its suppliers own the software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the software design and coding methodology.  The software is protected by United States copyright laws and international treaty provisions.  This agreement provides you only a limited use license, and no ownership of any intellectual property.  
Warranty Disclaimer: Limitation of Liabilities.  Excalibur Publishing Limited provides the software “as – neither Excalibur Publishing Limited nor does any of its suppliers or resellers make any warranty of any kind, express or implied.  Excalibur Publishing Limited and its suppliers specifically disclaim the implied warranties of title, non-infringement, and merchantability, fitness for a particular purpose, system intregration, and data accuracy.  There is no warranty or guarantee that the operation of the software will be uninterrupted, air-free, or virus-free, or that the software will meet any particular criteria of performance, quality, accuracy, purpose, or need.  You assume the entire risk of selection, installation, and use of the software.  This disclaimer of warranty constitutes an essential part of this agreement.  No use of the software is authorised hereunder except under this disclaimer.  
To the extent that this warranty statement is inconsistent with the jurisdiction where you use the software, the warranty statement shall be deemed to be modified consistent with such local law.  Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction.    For example, some states in the USA and some jurisdictions outside the USA may: (i) preclude the disclaimers and limitations of this warranty statement from limiting the rights of consumer: (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or impose such limitations: or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long any implied warranty lasts.  
Independent of the forgoing provisions, in no event and under no legal theory, including without limitations, tort, contract, or strict products liability, shall Excalibur Publishing or any of its suppliers be liable to you or any other person or any indirect, special, incidental, or consequential damages of any kind, including without limitation, damages for loss of goodwill, work stoppage, computer malfunction, or any other kind of commercial damage, even if Excalibur Publishing has been advised of the possibility of such damages.  
This limitation shall not apply to liability for death or personal injury to the extent prohibited by applicable law.  
In no event shall Excalibur Publishing’s liability for actual damages for any cause whatsoever and regardless of the form of action, exceed the amount of the purchase price paid if any, for the software license.  
