"ALAN'S TREE CONTROL" APPLET, VERSION 2.32 "MAGIC BUTTONS" APPLET; VERSION 1.0 LICENCE AGREEMENT 1. SCOPE. This agreement governs non-commercial use of the above applets in their freeware form. If the applets are used commercially, or if a keycode is purchased to enhance their features, a separate licence agreement applies. 2. EXTENT OF USE PERMITTED. Under this agreement and by downloading the applet from our site, Image Intelligence grants the licensee a licence to use the applet in the manner described in the documentation, provided that all such use is non-commercial (as defined below). 3. COMMERCIAL USE. "Commercial" use is defined as any use related to any professional activity for which the licencee receives or might receive remuneration in goods, services or payment. This definition covers use, for example, by any governmental or public-sector institutions. It is not necessary that the remuneration is as a result of using the applet or of maintaining a website. It is sufficient that there is any relation between the remuneration and the use of the applet and/or website. "Non-commercial" use is restricted to private individuals using the applet in their own time for their private hobbies. For any commercial use extending beyond a trial period of 3 days, a purchase must be made. For non-commercial use as defined here, a purchase need not be made. **EDUCATIONAL USE** : as an exception to the above, the applets can also be used in public accreditted schools and colleges for educational purposes; this exception does not extend to administrative use in educational institutions. 3. LIABILITY EXCLUSION. The author and copyright holders of this software shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary, intellectual or personal loss) suffered by anyone as a result of using (where "use" includes, but is not limited to, both designing a web site and visiting a web site where the software is in use), modifying or distributing this software. No guarantee or representation, either express of implied, is made about the software's suitability for any purpose; i.e. you use this software entirely at your own risk. 4. COPYRIGHT. Copyright and ownership of the software subsists with Image Intelligence Ltd., Herefordshire, England. The user may not rent, lease or resell the software or any copy of it. The user may not modify, reverse engineer, decompile or disassemble the software, the programme code or any part of it, nor allow any such activity on the part of any third party, nor study the code for the purposes of copying part or all of the code. In particular, any visitors to a web site using the software must be able to activate a hyperlink on the applet to gain access to the Image Intelligence website ("Alan's Tree Control": activation of "info" panel; "Magic Buttons": random button link). 5. BREACH OF LICENCE AGREEMENT. The licensee agrees by downloading the software, in the case of a breach of the agreement by the licensee, to allow publication of their name, email address and website address in a list of licence agreement offenders. This clause does not exclude any further civil or criminal proceedings against the licensee. 6. JURISDICTION. The conditions of the pre-trial use and of the granting of this licence agreement are covered by the laws of the United Kingdom and in particular by the Copyright, Designs and Patent Act 1988. Point of sale is deemed to be Ross-on-Wye, Herefordshire, United Kingdom.