Copyright

Visual Liturgy 4.0 software licence agreement

The following licence agreement is part of the installation process for the Visual Liturgy 4.0 for Common Worship software. It is provided here for information and reference.

THE ARCHBISHOPS' COUNCIL OF THE CHURCH OF ENGLAND ("THE LICENSOR") OWNS THE COPYRIGHT IN THE VISUAL LITURGY 4.0 SOFTWARE. IT IS UNLAWFUL TO LOAD THIS SOFTWARE ONTO A COMPUTER WITHOUT THE LICENSOR'S CONSENT. THE LICENSOR IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, REPRODUCING, COPYING OR MAKING ANY OTHER USE OF THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Licence
   The Licensor owns the copyright in the software contained within this package and all other copies which you are authorised by this agreement to make ('the Software').
   This licence is personal to you as the purchaser of the Software and the licence granted herein is for your benefit only.
2. Permitted use
   As purchaser of the authorised copy of the Software, you may, subject to the following conditions:
1. load the Software into and use it on a single computer (of the type identified on the package) which is under your control; and
2. copy the Software for backup and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed by this agreement.
3. Restrictions on use
   You may not:
1. subject to the provisions of clause 4 below, load the Software into two or more computers at the same time. If you wish to transfer the Software from one computer to another, you must erase the Software from the first hard drive before you install it onto a second hard drive;
2. sub-license, assign, rent, lease or transfer the licence or the Software or make or distribute copies of the Software;
3. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
4. make copies of the Software except for backup or archival purposes as permitted hereunder;
5. use any backup copy of the Software (or allow anyone else to use such copies) for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective; or
6. copy the written materials (except as provided by this agreement) accompanying the Software.
4. Additional licencees
1. the Licensee shall be entitled to obtain from the Licensor (at an agreed price) up to three additional user licences for use only in the same church or benefice by additional staff (eg curate, administrator or secretary). Additional licences can be ordered by telephoning 020 7898 1300 and quoting the user number set out in this Agreement.
5. Title
   As licensee you own only the diskette or medium on which the Software is recorded or fixed. You may retain the media on termination of this agreement provided the Software is erased. The Licensor shall at all times retain ownership of the Software.
6. Warranty
   The Licensor warrants that for a period of 90 days from the date of ('the Warranty Period'):
1. the medium on which the Software is recorded will be free from defects in materials and workmanship under normal use. If the diskette fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at your option) either a replacement free of charge or a full refund if you return the defective diskette to the Licensor or to your supplier during the Warranty Period with a dated proof of purchase; and
2. the copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to the Licensor or to your supplier during the Warranty Period, along with dated proof of purchase, specifying the problem, and the Licensor will provide you either with a new version of the Software or a full refund (at your option).
7. Content material
   The Licensee accepts that certain material within the software is subject to liturgical Copyright belonging to the Archbishops' Council of the Church of England and hereby agrees to be bound by all liturgical Copyright provisions as detailed more fully at http:/cofe.anglican.org/ commonworship/resources/indexcopy.html.
8. Disclaimer
   The Licensor does not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. The Licensor excludes and hereby expressly disclaims all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
9. Liability
1. The Licensor's liability to you for any losses shall not exceed the amount you originally paid for the Software.
2. In no event will the Licensor be liable for any loss of revenues, loss of profits, loss of business information, any consequential loss or any indirect loss arising out of the use of or inability to use the Software, even if the Licensor or its representatives have been advised of the possibility of such damages.
3. Nothing in this clause limits our liability to you in the event of death or personal injury resulting from our negligence.
10. Termination
1. The agreement and the licence hereby granted to use the Software automati-cally terminates if you:
1. fail to comply with any provisions of this agreement; or
2. destroy the copies of the Software in your possession; or
3. voluntarily return the Software to the Licensor.
2. In the event of termination in accordance with clause 10.1 you must destroy or delete all copies of the Software from all storage media in your presence.
11. Severability
    In the event that any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or the Licensor from any relevant competent authority. The Licensor shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at our discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.
12. Entire Agreement
    You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between them with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.
13. Assignment
    This agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without our prior written consent.
14. Law and disputes
    This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement.