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IMPORTANT NOTICE - READ CAREFULLY: This Inferno® Binary and Limited
Source Licence Agreement (including Appendices A, B, C and D)
("LICENCE") is a legal agreement between you as an individual person
or organisation (``YOU'') and Vita Nuova Holdings Limited ("VITA NUOVA")
(having an office at The Innovation Centre, University Road, York England YO10 5DG),
for all or any portion of the Inferno software product
accompanying this LICENCE, which includes computer software in
binary and source code form, other information and documentation
("LICENSED SOFTWARE").
By installing, copying or otherwise using the LICENSED SOFTWARE YOU accept all the terms and
conditions of this LICENCE.
YOU may cancel this LICENCE without explanation or penalty by ceasing to
use or distribute the LICENSED SOFTWARE, and removing it if installed.
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1.
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Licence Grant
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Subject to the restrictions in Clause 2 (and in particular Clause 2.2) below and to third party
intellectual property claims YOU MAY on a world-wide, royalty-free, non-exclusive and perpetual
basis (subject to Clause 3):
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1.1
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make ADAPTATIONS of the LICENSED SOFTWARE in binary or source code form. ADAPTATIONS means
any work (ie code, document, etc) based on the LICENSED SOFTWARE or any part of it, for
example (i) any work incorporating the LICENSED SOFTWARE or any part of it, (ii) any work
incorporating any modified form of the LICENSED SOFTWARE or any part of it (eg where the
LICENSED SOFTWARE is rewritten in a different computer language or converted to operate on
a different type of CPU) (iii) any work using a method or concept from the LICENSED
SOFTWARE, or (iv) any work otherwise covered by any of VITA NUOVA's or any third party's
intellectual property rights in the LICENSED SOFTWARE.
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1.2
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use and copy the LICENSED SOFTWARE and/or ADAPTATIONS in binary or source code form
provided that each copy of the LICENSED SOFTWARE and ADAPTATIONS shall contain copyright
notices in the form specified in Appendix A. If YOU create any copyright material in
developing any ADAPTATIONS YOU may add YOUR copyright notice, in the form specified in Appendix A.
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1.3
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distribute any LICENSED SOFTWARE and/or ADAPTATIONS in binary or source code form provided
any such distribution is pursuant to a valid and enforceable non-exclusive sub-licence
agreement. YOU shall have the right to determine the form and content of any non-exclusive
sub-licence provided that YOU include and give full effect to the relevant minimum
sub-licensing terms set out in Appendix C of this LICENCE. YOU will provide a copy of
YOUR sub-licence agreement to VITA NUOVA upon request. YOUR right to grant such
sub-licence is always subject to the terms of this LICENCE with VITA NUOVA. YOU agree that
in the event of any conflict or inconsistency between any provision of this LICENCE and any
sub-licence granted under this Clause, this LICENCE shall prevail.
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1.4
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charge a fee for the distribution in binary form or source code form of the LICENSED
SOFTWARE and/or ADAPTATIONS and YOU may choose to offer, and to make an additional charge
for support, warranties, indemnity or liability obligations "Additional Terms" provided
always that YOU may only offer such Additional Terms on YOUR own behalf and as YOUR
exclusive responsibility and not on behalf of VITA NUOVA. YOU must obtain YOUR sub-
licensees agreement that any Additional Terms are offered by YOU alone and YOU hereby agree
to indemnify, defend hold harmless VITA NUOVA its servants and agents for any liability
arising directly or indirectly as a result of any such Additional Terms.
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1.5
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if YOU are an academic, YOU may make available copies of the LICENSED SOFTWARE for teaching
purposes within an academic institution. It is YOUR responsibility to ensure that all such
copies are returned on completion of the teaching purpose.
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2.
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Licence Restrictions
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All rights not specifically and expressly granted under this LICENCE are reserved by
VITA NUOVA. Notwithstanding Clause 1 above YOU MAY NOT:
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2.1
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make an ADAPTATION of that portion of the LICENSED SOFTWARE that is copyright Bigleow &
Holmes found in the directory and sub-directories of "/font" ("FONT SOFTWARE").
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2.2
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distribute source code copies of that portion of the LICENSED SOFTWARE found in the
directories and sub-directories contained in Appendix D ("CORE SOFTWARE") and any
ADAPTATIONS to the CORE SOFTWARE to other individuals or organisations who DO NOT have a
valid and current annual subscription with VITA NUOVA pursuant to the terms of this
LICENCE which has not expired or terminated ("INFERNO SUBSCRIBER"). It is YOUR
responsibility to ensure that anyone receiving CORE SOFTWARE is an INFERNO SUBSCRIBER.
In particular YOU are prohibited from publishing the CORE SOFTWARE on a web site or through
a news group where there is a possibility that non INFERNO SUBSCRIBERS could gain access.
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2.3
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distribute FONT SOFTWARE except as part of a larger software distribution incorporating
the LICENSED SOFTWARE and any ADAPTATIONS of the LICENSED SOFTWARE provided that the
distribution is in accordance with Clause 1.3 above and the minimum sub-licence terms
specified in Appendix B ("FONT LICENCE").
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2.4
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use, distribute, transfer, or transmit the LICENSED SOFTWARE and/or ADAPTATIONS in source
or binary code form, or technical information (even if incorporated into other products)
except in compliance with U.S. and UK export regulations.
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2.5
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allow more individuals to make use of the LICENSED SOFTWARE than the number of concurrent
users purchased by YOU from VITA NUOVA.
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2.6
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use the "Inferno®", "Styx®", "Dis®" and "Limbo®" trade marks without the following trade
mark notice - "Inferno® , Styx® , Dis® and Limbo® are the registered trade marks of Vita
Nuova Holdings Limited". YOU may only use these trade mark as permitted by and in strict
compliance at all times with VITA NUOVA's third party trade mark usage guidelines which are
posted at www.vitanuova.com/trademark.htm.
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2.7
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use the "Inferno®", "Styx®", "Dis®" and "Limbo®" trade marks other than in relation to the
LICENSED SOFTWARE and/or ADAPTATIONS of the LICENSED SOFTWARE.
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3.
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Termination for breach
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3.1
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This LICENCE is effective until terminated. Without prejudice to any other rights, VITA
NUOVA has the option to terminate this LICENCE by written notice if YOU fail to comply with
any term or condition of this LICENCE or if YOU initiate or participate in any intellectual
property action against VITA NUOVA. Further, YOU agree upon any termination of this
LICENCE to cease to use in any manner whatsoever and destroy or return to VITA NUOVA (at
VITA NUOVA's option) the LICENSED SOFTWARE and any ADAPTATIONS together with all copies
and to certify in writing to VITA NUOVA that YOU have done so.
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3.2
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All sub-licences of the LICENSED SOFTWARE and any ADAPTATIONS validly granted pursuant to
the terms of this LICENCE shall survive any termination of this LICENCE. Those terms of
this LICENCE, which by their nature survive the termination of this LICENCE, shall remain
in effect beyond any termination of this LICENCE.
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4.
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Subscription Renewal
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In order to continue to distribute and receive source code copies of any CORE SOFTWARE and
any ADAPTATIONS received by YOU from VITA NUOVA or any third party, pursuant to Clauses 1.3
and 2.2, YOU must renew annually YOUR Inferno® subscription licence with VITA NUOVA.
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5.
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Ownership and Licence Grant Back
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5.1
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The LICENSED SOFTWARE is protected by copyright law and international treaty provisions.
YOU acknowledge that all rights, title and interest (including but without limitation all
intellectual property rights) in the LICENSED SOFTWARE will remain the exclusive property
of VITA NUOVA or its suppliers, and YOU will not acquire any rights to the LICENSED
SOFTWARE other than those expressly set out in this LICENCE. VITA NUOVA and its suppliers
reserve all rights not expressly granted to YOU, and no other licences are granted or implied.
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5.2
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YOU acknowledge that title and ownership of the "Inferno®", "Styx®", "Dis®" and "Limbo®"
trade marks, including any associated common law rights, rests with VITA NUOVA.
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5.3
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Subject to Clause 5.1 above, YOU shall own all rights title and interest in any
intellectual property rights resulting from YOUR creation of ADAPTATIONS and additions to
the LICENSED SOFTWARE.
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5.4
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YOU agree to grant VITA NUOVA a perpetual, royalty-free, world-wide and non-exclusive
irrevocable licence to use, reproduce, execute, compile, display, perform, modify (or have
modified), distribute and sub-licence in any form any ADAPTATIONS of LICENSED SOFTWARE
(which for the purposes of this Clause 5.4 shall include any bug fixes, enhancements or
new components to the LICENSED SOFTWARE supplied by VITA NUOVA (from time to time at its
discretion) to YOU and for the avoidance of doubt such bug fixes, enhancements or new
components shall be supplied subject to the terms of this LICENCE unless otherwise
stated by VITA NUOVA) made known to VITA NUOVA by YOU or a third party or which enter the
public domain by any means (e.g. orally, by email or newsgroups, distributed on YOUR behalf
by VITA NUOVA or otherwise published by YOU).
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5.5
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YOU shall notify VITA NUOVA promptly in writing of any known or suspected breach by any
third party of this LICENCE and any sub-licence granted by YOU.
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6.
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Disclaimer of warranty
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6.1
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TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW VITA NUOVA PROVIDES THE LICENSED
SOFTWARE ON AN "AS IS" BASIS AND DOES NOT WARRANT OR REPRESENT THAT THE LICENSED SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED.
THE LICENSED SOFTWARE MAY CONTAIN IN WHOLE OR IN PART PRE-RELEASE, UNTESTED OR NOT FULLY
TESTED SOFTWARE. YOU EXPRESSLY AGREE THAT THE USE OF THE LICENSED SOFTWARE OR ANY PORTION
THEREOF IS AT YOUR SOLE AND ENTIRE RISK. THE LICENSED SOFTWARE IS PROVIDED WITHOUT
UPGRADES OR SUPPORT OF ANY KIND AND VITA NUOVA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE LICENSED SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS.
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6.2
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NOTHING IN THIS LICENCE LIMITS VITA NUOVA'S LIABILITY TO YOU IN THE EVENT OF DEATH OR
PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OR WILFUL DEFAULT OF VITA NUOVA.
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7.
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Limitation of liability for loss or damage
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7.1
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITA NUOVA OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES OR LOSS WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL LOSS OR DAMAGE, AND LOSS OF BUSINESS AND/OR PROFITS, LOSS
OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER FINANCIAL
LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE LICENSED SOFTWARE AND/OR ANY
ADAPTATIONS, EVEN IF VITA NUOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, VITA NUOVA'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER THIS LICENCE SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED SOFTWARE.
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8.
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Exploitation and Assignment
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8.1
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VITA NUOVA enters into this LICENCE on the basis that YOU are the sole beneficiary of any
commercial gain from the use and exploitation of the LICENSED SOFTWARE and ADAPTATIONS
under this LICENCE. YOU are not however, restricted as to where and for what purpose YOU
may use the LICENSED SOFTWARE and ADAPTATIONS under this LICENCE. For the avoidance of
doubt, if YOU are an individual YOU may use YOUR subscription and/or LICENCE at YOUR place
of work for research or product development but YOUR employer has no rights in and may not
benefit financially directly or indirectly from YOUR exploitation of the LICENSED SOFTWARE
and ADAPTATIONS as a consequence of YOUR subscription and/or LICENCE.
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8.2
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YOU may not assign or transfer (by operation of law or otherwise) this LICENCE or any
licences or rights provided by this LICENCE without VITA NUOVA's prior written consent.
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8.3
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YOU agree to enforce the terms of YOUR non-exclusive sub-licence agreements pursuant to
Clause 1.3 of this LICENCE and to inform VITA NUOVA of any known breach of such terms.
YOU hereby agree to indemnify VITA NUOVA against all damages or loss suffered by VITA
NUOVA caused by YOUR failure to include the required minimum sub-licence terms set forth
in Appendix C in such non-exclusive sub-licences. If YOU shall fail to use YOUR best
endeavours to enforce the terms of YOUR non-exclusive sub-licence agreements then YOU shall
be deemed to be in breach of this LICENCE and VITA NUOVA shall have the right to enforce
such agreements as a third party beneficiary and upon VITA NUOVA's request YOU shall
assign to VITA NUOVA any rights in the agreements necessary to enforce the terms of
such sub-licence agreements.
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9.
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Choice of Law
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9.1
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YOU agree that the laws of England shall apply to any dispute arising from this LICENCE.
YOU agree for the benefit of VITA NUOVA that the Courts of England have exclusive
jurisdiction to hear and decide any suit, action or proceedings ("Proceedings"), and
to settle any disputes, which may arise out of or in connection with this LICENCE and,
for these purposes you irrevocable submit to the jurisdiction of the English Courts.
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9.2
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The submission to the jurisdiction of the English Courts does not limit VITA NUOVA's
right to take any Proceedings in any one or more jurisdictions, nor does the taking of
Proceedings by VITA NUOVA in any one or more jurisdictions preclude VITA NUOVA taking
Proceedings in another jurisdiction if and to the extent permitted by applicable law.
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10.
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Miscellaneous
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10.1
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This is the entire agreement between YOU and VITA NUOVA which supersedes any prior
agreement or understanding whether written or oral relating to the subject matter of this
LICENCE. In the event of any conflict between the Clauses and Appendices of this LICENCE
(including in particular the FONT LICENCE) the Clauses shall prevail.
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10.2
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YOU will in all YOUR dealings with the LICENSED SOFTWARE and any ADAPTATIONS act as an
independent contractor. Nothing in this LICENCE will be construed as creating an agency,
partnership, or any other legal association between YOU and VITA NUOVA and YOU will not
represent that YOU have any authority to assume or create any obligation express or
implied on behalf of VITA NUOVA.
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10.3
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A person who is not a party to this LICENCE shall have no rights pursuant to the Contracts
(Rights of Third Parties) Act 1999 (the "Act") to enforce any term of this LICENCE
provided that a person who is the lawful successor to or permitted assignee of the
rights of a party is considered to be a party to this LICENCE. Any right or remedy of a
third party which exists or is available apart from the Act is not affected.
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10.4
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VITA NUOVA may from time to time and at its sole discretion publish a revised and/or new
version of this LICENCE which shall then govern the licensing of all copies of LICENSED
SOFTWARE supplied by VITA NUOVA after the posting of such revised or new licence.
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Should YOU have any questions regarding this LICENCE or wish to contact VITA NUOVA for any
reason visit our web site at www.vitanuova.com for contact details.
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APPENDIX A - COPYRIGHT NOTICE
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1.
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For source files with no copyright notice YOU must add the following notice:
Copyright © 1998, 1999 Lucent Technologies Inc. All rights reserved.
Revisions Copyright © 1999, 2000 Vita Nuova Limited. All rights reserved.
Revisions Copyright © [year] [YOUR name]. All rights reserved.
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2.
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For source files where there is already a copyright notice YOU may add YOUR own notice as follows:
"Revisions Copyright © [year] [YOUR name]. All rights reserved."
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APPENDIX B - FONT LICENCE
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The FONT SOFTWARE includes Fonts and Typefaces that are licensed from Bigelow & Holmes
Inc ("B&H"). YOU must include the following licence terms when distributing the Fonts
or Typefaces to any sublicensee and impose the same restrictions on them in respect of
any sublicence that they may grant.
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1.
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Licence and Title
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This FONT LICENCE conveys a limited right to use, reproduce and distribute the Fonts and
Typefaces in accordance with the terms and conditions in this FONT LICENCE and the
Inferno Subscription Licence Agreement but does not convey title or any other licences
or rights which are not expressly provided relating to the Typefaces or Fonts to YOU,
sublicensees or any other end users. YOU acknowledge and agree that B&H owns all
proprietary rights including without limitation all intellectual property rights in the
Typefaces and Fonts and derivative works.
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2.
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B&H Trade Mark Ownership
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YOU acknowledge that B&H owns the entire right, title and interest in the trade marks
"Lucida and Bigelow & Holmes".
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3.
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Notices
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3.1
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YOU agree that all advertising, promotion, marketing and distribution in connection
with this FONT LICENCE shall acknowledge and use the trade marks of B&H in such a way as
to protect such trade marks.
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3.2
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YOU may not identify the Typefaces and Fonts by any trade mark or trade name other than
"Lucida". If YOU make any reference to any of the Typefaces or Fonts in sales literature,
advertising, manuals and documentation, on equipment, visual displays, printed output and
image carrier labels and outer containers, such references shall include the "Lucida"
trade marks together with (i) the symbol ® and (ii) the phrase "Lucida is a registered
trade mark of Bigelow & Holmes Inc".
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3.3
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YOU shall publish notices of B&H copyright and/or design patent rights on the Image
Carrier labels and diskette, tape or cartridge containers in which the Typefaces and Fonts
are packaged separately from the LICENSED SOFTWARE, and in the header of files containing
Typefaces or Fonts. Such notices shall be in the following form; "Lucida and Pellucida
are registered trademarks of Bigelow & Holmes Inc. Lucida® digital fonts copyright © 1985,
1986 by Bigelow & Holmes Inc".
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4.
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B&H Rights in the Typeface Designs
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4.1
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YOU shall produce only machine readable Raster Fonts from Fonts provided by B&H.
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4.2
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YOU may not modify the Fonts or Typefaces represented by the Fonts in Style (ie. the
combination of typographic design characteristics that distinguish one typeface from
another), design features or in any other respect, nor add additional characters without
the prior written consent of B&H.
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4.3
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YOU may permit the LICENSED SOFTWARE to make automatic modifications of any Typeface or
Font including scaling, rotating, condensation, extension, obliquing, reversal, tinting,
shadowing, outlining, or other transformations which LICENSED SOFTWARE can perform
automatically.
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5.
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Protection Against Unauthorised Reproduction
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5.1
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YOU shall use due care in protecting the Typeface and Font digital data YOU received
against unauthorised use or reproduction.
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5.2
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YOU shall notify VITA NUOVA promptly in writing of any known or suspected unauthorised
reproduction, use or distribution of the Fonts or Typefaces by Sublicensees, end users
or others.
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APPENDIX C MINIMUM SUB-LICENSING TERMS
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1
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YOU may only sub-licence binary copies of the LICENSED SOFTWARE and/or any ADAPTATIONS
and source code copies of non-CORE SOFTWARE of the LICENSED SOFTWARE and/or any
ADAPTATIONS provided YOU include terms in YOUR sub-licence agreement which have the
same effect as the following:
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1.1
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the restrictions contained in Clauses 2.1, 2.3, 2.4, 2.6, 2.7 of this LICENCE;
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1.2
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clauses 3.1, 5.1, 5.2 and 8.3 of this LICENCE;
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1.3
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any sub-licence of the LICENSED SOFTWARE shall be on a non-exclusive basis only;
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1.4
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require the End User to reproduce and include the copyright notices in the form
specified in Appendix A of this LICENCE in any authorised copies of the LICENSED
SOFTWARE and/or ADAPTATIONS and/or accompanying documentation;
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1.5
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include a prominent notice in the code and accompanying documentation that the source
code of the LICENSED SOFTWARE (but not the source code to YOUR ADAPTATIONS) is available
from VITA NUOVA under the terms of this LICENCE with information on how and where to
obtain such source code under this LICENCE;
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1.6
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require the sub-licensee to consent to VITA NUOVA's right to enforce the sub-licence
as a third party beneficiary and the assignment by YOU of YOUR rights in the sub-licence
to VITA NUOVA which are necessary for VITA NUOVA to enforce the required terms of the
sub-licence;
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2
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YOU may only sub-licence source code copies of CORE SOFTWARE and/or any ADAPTATIONS
provided YOU comply with the requirements of Clause 2.2 and include terms in YOUR
sub-licence agreement which have the same effect as the following:
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2.1
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the restrictions contained in Clauses 2.1, 2.2, 2.3, 2.4, 2.6, 2.7 of this LICENCE;
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2.2
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clauses 3.1, 4, 5.1, 5.2 and 8.3 of this LICENCE;
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2.3
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require the End User to reproduce and include the copyright notices in the form specified
in Appendix A of this LICENCE in any authorised copies of the LICENSED SOFTWARE and/or
ADAPTATIONS and/or accompanying documentation;
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2.4
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any sub-licence of the LICENSED SOFTWARE shall be on a non-exclusive basis only;
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2.5
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require the sub-licensee to consent to VITA NUOVA's right to enforce the sub-licence as
a third party beneficiary and the assignment by YOU of YOUR rights in the sub-licence to
VITA NUOVA which are necessary for VITA NUOVA to enforce the required terms of the
sub-licence;
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APPENDIX D - CORE SOFTWARE
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The following directories and their sub-directories form that part of the LICENSED
SOFTWARE referred to as the CORE SOFTWARE.
/appl/limbo
/limbo
/interp
/emu
/os
/doc
/asm
/crypt
/kern
/keyring
/kfs
/limbo
/memimage
/memlayer
/prefab
/tk
/tk
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