This is a legal agreement (hereinafter the "LICENSE AGREEMENT") between you, the end user (hereinafter the "END USER"), and Ots Corporation (hereinafter "OTS CORPORATION") for the software products Ots Studio and its accompanying software (hereinafter "OTS STUDIO") of which OTS CORPORATION is the copyright holder.
By installing, copying, or otherwise using OTS STUDIO, you agree to be bound by all of the terms and conditions of the LICENSE AGREEMENT. If you do not accept the terms and conditions of the LICENSE AGREEMENT, you are to promptly delete each and any copy of OTS STUDIO from your computer(s).
Upon your acceptance of the terms and conditions of the LICENSE AGREEMENT, OTS CORPORATION grants you a nonexclusive right to use OTS STUDIO in the manner provided below.
RESTRICTIONS OF USE
Under this LICENSE AGREEMENT, OTS STUDIO may be freely used for private or commercial use, or by any organisation or entity.
COPY AND DISTRIBUTION
You may make exact copies of the setup file containing OTS STUDIO and documentation and distribute the unmodified copy via electronic file transfer. There is no charge for making or distributing copies in this manner. You are specifically prohibited, however, without OTS CORPORATION prior written permission, from charging, or requesting donations, however made, for any copies you make or distribute, from distributing copies with other products (commercial or otherwise) and from distributing copies on CD-ROM or any other media, or otherwise distributing copies by other than electronic means. For distribution enquiries please email contact OTS CORPORATION - see http://www.OtsLabs.com
You may not distribute OTS STUDIO as part of a larger package, unless that package is a collection of free software.
You must not charge any money for OTS STUDIO itself or the act of copying OTS STUDIO. You may ask a reasonable fee for material and/or communication costs.
OTS CORPORATION makes available OTS STUDIO WebHelp, found at http://www.OtsLabs.com , and the OTS STUDIO compiled HTML help file, provided with the installation file, for the purpose of technical and instructional support. No additional technical or other support, other than as mentioned, is available for OTS STUDIO. Additional technical support, in the form of email, is available with the purchase of an OtsAV Pro or OtsAV Pro-TX license. For purchasing information see http://www.OtsAV.com
No payment is required for the use of OTS STUDIO under this LICENSE AGREEMENT.
END USER may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on OTS STUDIO or its accompanying printed or written materials. You must not run OTS STUDIO under a debugger or similar tool allowing you to inspect the inner workings of OTS STUDIO.
OTS STUDIO and the accompanying printed or written materials are copyrighted. Unauthorized copying of OTS STUDIO, including those instances where OTS STUDIO has been modified, merged, or included with other software, or of the printed or written materials, for any reason, is expressly forbidden.
(a) OTS CORPORATION does not warrant that OTS STUDIO will meet all of the END USERís requirements or that the use of the OTS STUDIO will be uninterrupted or error free.
(b) OTS CORPORATION does not warrant that the END USERís access to OTS STUDIO under this Agreement will be continuous or fault-free.
(c) Except as expressly provided by law, the OTS CORPORATION makes no further warranty of any kind whether express or implied.
DISCLAIMER AND LIMITATION OF LIABILITY
(a) To the extent permitted by law, the OTS CORPORATIONís liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at its option, to one or more of the following:
(i) replacement of OTS STUDIO; or
(ii) the repair of OTS STUDIO.
(b) OTS CORPORATION relies on the END USERís continued observance of this Agreement. If OTS CORPORATION suffers loss or damage or incurs any costs associated with the END USERís breach of any of the terms of this Agreement or any associated legal obligation, the END USER agrees to indemnify OTS CORPORATION for those losses, damages and costs.
(c) OTS CORPORATION, its employees, agents and contractors disclaim any and all liability and responsibility to any person, whether a user of OTS STUDIO or not, in respect of anything (including, without limitation, any error in or omission from OTS STUDIO) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in OTS STUDIO.
(d) OTS CORPORATION disclaims any and all liability for any corruption of data, inability to access data, breach of privacy, downtime as a result of or arising from the use of any on-line link between the END USERís System and OTS STUDIO.
The END USER expressly acknowledges that OTS CORPORATION does not exert control over the END USERís use of OTS STUDIO and will at all times indemnify and keep indemnified OTS CORPORATION from and against all loss, damage, cost, charge, expense (whether in contract or in tort including and without limitation, negligence) suffered by OTS CORPORATION either directly or indirectly, as a result of:
(i) the END USERís use of OTS STUDIO;
(ii) any breach of END USERís obligations under this Agreement; and
(iii) any claims arising from the information, data, text or messages transmitted using OTS STUDIO, including but not limited to, claims for defamation, invasion of privacy, infringement of Intellectual Property Rights or breach of any other applicable laws, regulations or codes.
Governing Law. This LICENSE AGREEMENT and Limited Warranty are governed by the laws of the State of Queensland, Australia. The courts of Queensland are to be the sole courts having jurisdiction to resolve any disputes.