SOFTWARE LICENCE AGREEMENT NOTICE: This Licence Agreement ("the Licence") is a legal agreement between you (either as an individual or as any other legal entity) and the British Broadcasting Corporation ("the BBC") for use of the software package ("the Software") provided with the Agreement. By installing, copying or otherwise using the Software you agree to be bound by the terms of the Licence. If you do not agree to the terms of the Licence, do not install or use the Software. 1. GRANT OF RIGHTS 1.1 On condition that you conform with the terms and conditions of this Licence, the BBC grants to you the non-exclusive, non-transferable right throughout the World to: 1.1.1 use the Software on any number of computer systems; 1.1.2 copy the Software; 1.1.3 to re-distribute the Software to third parties provided that: 1.1.3.1 all copies which you re-distribute include a copy of this Licence; 1.1.3.2 that the diskettes used for re-distribution are all clearly marked "BETSIE Copyright BBC(r) 1999"; 1.1.3.3 that no charge is made for the Software, save that you may recover your reasonable costs of re-distribution, including costs of the media, packaging, postage. 1.1.4 to modify the Software subject to compliance with the provisions of clause 4. 2. TERM AND TERMINATION 2.1 The Licence is effective until terminated. You may terminate the Licence at any time by ceasing to use the Software, and removing it from all the computer systems on which you installed it and destroying all copies in your possession or control. The BBC has the right to terminate the Licence if you fail to comply in full with the terms and conditions of this Licence. In the event of such termination by the BBC, you shall agree to cease immediately use of the Software, to remove it from all the computer systems on which you installed it, and to destroy all copies in your possession or under your control. 3. COPYRIGHT 3.1 You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software shall remain the exclusive property of the BBC and you will not acquire any rights except as are expressly set out in this Licence. You agree that any copies of the Software will contain the same copyright notices as appear in and on the Software as supplied to you by the BBC. 4. MODIFICATION OF THE SOFTWARE 4.1 You may modify your copy or copies of the Software or any portion of it, thus forming a work based on the Software, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of the following conditions: 4.1.1 You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. 4.1.2 You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Software or any part thereof, to be Licenced as a whole at no charge to all third parties under the terms of this Licence. 4.1.3 If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this Licence. 5. NO WARRANTY The Software is supplied "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 6. NO LIABILITY 6.1 The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you assume the cost of all necessary bug-fixing and correction; 6.2 In no event will the BBC be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Software to operate with any other software or systems). 7. SEVERABILITY In the event of invalidity of any provisions of this Licence, you shall agree that such invalidity shall not affect the validity of the other provisions of this Licence. 8. ENTIRE AGREEMENT This Licence is the entire agreement between you and the BBC and supersedes any prior agreement or understanding relating to the subject matter of this Licence. 9. GOVERNING LAW This Licence shall be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts. 10. NOTICES All correspondence regarding any matter relating to this Licence should be addressed to Head of Legal and Commercial Affairs, Broadcast, BBC Henry Wood House, 3 & 6 Langham Place, London W1A 1AA, Fax 0171 765 5854