MIDI HARVESTER LICENSE AGREEMENT

NOTICE -- READ THIS BEFORE USING THE SOFTWARE

INSTALLING AND USING THE MIDI HARVESTER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE.  THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE CURRENT TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH.  IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE. 

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

LICENSE:

• This software program (the "Program") and the accompanying files, lists and data (the "Documentation") are licensed, not sold, to you. The term "Program" shall also include any updates of the Program licensed to you by Seafield Technologies. Subject to the terms of this agreement, you have a non-exclusive and non-transferable right to use the Program and Documentation. You may use this Program on a single computer. This Program is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, or other storage device) of that computer. You may also use the Program on a portable or home computer.
  
• You agree to use your best efforts to prevent misuse of the Program and protect the contents of the Program and Documentation from unauthorized disclosure or use. Seafield Technologies reserve all rights not expressly granted to you.

LIMITATION ON USE:

• You may not rent, lease, sell or otherwise transfer or distribute copies of the Program or Documentation to others.
• You may not modify or translate the Program or the Documentation without the prior written consent of Seafield Technologies.
• You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Program.
• You may not use the Seafield Technologies name or refer to Seafield Technologies directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Seafield Technologies for each such use.
• You may not release the results of any performance or functional evaluation of the Program to any third party without prior written approval of Seafield Technologies for each such release.
• You may not use the Program to promote a competing software product.
• You may not rent, lease, sell or otherwise transfer, publish or distribute to others in any manner whatsoever, any part of a Registration Key Code issued to you or any other user for use in conjunction with the Program.
• You may not use a Registration Key Code issued to another user for use in conjunction with the Program.
• You may not use or attempt to use the Program in any way which impairs the operation of the Program by other users.

BACKUP AND TRANSFER:

• You may make one copy of the Program for backup purposes provided the Seafield Technologies copyright notice is included.  You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason.  Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.  You may physically transfer the Program from one computer to another provided that you do not retain any copies of the Program, including any copies stored on a computer.

COPYRIGHT:

• The Program and related Documentation are copyrighted by Seafield Technologies. You may not copy the Program or the Documentation (or this license) except to provide a backup copy and to load the Program into the computer as part of executing the Program.  Any and all other copies of the Program and any copy of the Documentation made by you are in violation of this license.

OWNERSHIP:

• You agree that the Program and Documentation belong to Seafield Technologies. You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property.  Seafield Technologies retains all right, title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist.  This license is not a sale of the original or any subsequent copy.  All content accessed through the Program is the property of the applicable content owner and may be protected by applicable copyright law.  This license gives you no rights to such content.

TERM AND TERMINATION:

• This license is effective until terminated.  Seafield Technologies retain the right to terminate this license at any time, without notice, without giving any reason.   By way of illustration and not limitation, Seafield Technologies will consider terminating this license immediately if our records suggest that the Program is being used;
  
  1 - on more than one computer at once
  2 - for more than 100 searches in any 24 hour period
  3 - from more than 6 unique IP (Internet Protocol) addresses in any 24 hour period
  
• This license automatically terminates if you fail to comply with its terms and conditions.
• Should this license be terminated by Seafield Technologies for any reason, Seafield Technologies reserve the right to make an administration charge of £10 UK Pounds Sterling to reinstate a Registration Key Code.
• Seafield Technologies reserve the right to make an administration charge of £10 UK Pounds Sterling to re-issue a lost Registration Key Code. 
  
• You may terminate this license at any time by destroying the Program and Documentation and the permitted backup copy.  You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or return the original Program and Documentation to Seafield Technologies, together with any other material you have received from Seafield Technologies in connection with the Program.

DISCLAIMER OF WARRANTY:

• Seafield Technologies PROVIDE THE PROGRAM AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   Should the Program prove defective, you and not Seafield Technologies assume the entire cost of any service and repair.  This disclaimer of warranty constitutes an essential part of this agreement.

LIMITATION OF REMEDIES:

• IN NO EVENT WILL SEAFIELD TECHNOLOGIES BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF SEAFIELD TECHNOLOGIES, ITS LICENSERS OR AN AUTHORIZED SEAFIELD TECHNOLOGIES DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

GENERAL:

• This License is the complete and exclusive statement of the agreement between you and Seafield Technologies, and this License supersedes any prior proposal, agreement, or communication, oral or written, pertaining to the subject matter of this License. This License shall be governed by the laws of England, United Kingdom. All questions concerning the terms and conditions of the License should be directed to Seafield Technologies in writing and addressed to Andy Betsworth, Seafield House, Pine Terrace, Silloth, Wigton, Cumbria. United Kingdom.

© Seafield Technologies 2001.