| 1. | By downloading or using the NETWORK Software, the User accepts these unmodified terms and conditions. |
| 2. | Fluxus Technology Ltd are the suppliers of the Software covered by these terms and conditions whose Registered Office is situated at 2 Beacon End Courtyard, London Road, Stanway, Colchester CO3 0NU, England. |
| 3. | The term "Software" in these terms and conditions refers to the Network software components, including upgrades, additions, copies and documentation as supplied by Fluxus Technology Ltd. |
| 4. | The term "User" in these terms and conditions refers to the person who uses the Software. The term "person" includes the organisation, group or company if the Software is used within the activities of an organisation, group or company. |
| 5. | Fluxus Technology Ltd grants to the User a non-exclusive license to use the Software free of charge until its expiry date as published on http://www.fluxus-engineering.com/netwinfo.htm. |
| 6. | Fluxus Technology Ltd grants to the User a non-exclusive license to use, store, publish and exploit free of charge and without any time limit any results which the User has generated with the help of the Software, provided that the User cites the Software and version, the web site www.fluxus-engineering.com and publications as outlined in paragraph 7. |
| 7. | The User shall cite Bandelt et al. (1995) when using RM, or Bandelt et al. (1999) when using MJ, and Forster et al. (2001) when using star contraction, and Polzin et al. (2003) when using MP. |
| 8. | Fluxus Technology Ltd retains ownership of copyright in and unlimited rights in the Software and all copies of the Software save as expressly provided in paragraphs 5 and 6. |
| 9. | The User acknowledges that the Software is a tool to be used by the User in his or her business and that the User shall remain solely responsible for the content and quality of any results produced by the User from the use or with the aid of the Software. The User undertakes to indemnify and hold Fluxus Technology Ltd harmless in the event of any claim against Fluxus Technology Ltd arising from any incorrect or misleading information that the User has obtained with the aid or by the use of the Software. |
| 10. | THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT: IN NO EVENT SHALL FLUXUS TECHNOLOGY LTD, M FORSTER, DR P FORSTER, DR A RÖHL, DR T POLZIN, DR S V DANESHMAND OR ANY EMPLOYEES, CONTRIBUTORS OR AGENTS OF FLUXUS TECHNOLOGY LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. |
| 11. | These terms and conditions shall be governed by and construed and interpreted in accordance with English Law. |