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END USER LICENSE AGREEMENT (EULA)
1st JAVA Navigator Intranet
Server License (ISL)
IMPORTANT- PLEASE READ CAREFULLY:
This AUSCOMP End User License Agreement ("EULA") is a
legal agreement between you the End User (whether an individual or a recognised legal
entity) (the "LICENSEE") and AUSCOMP Pty. Ltd. for the AUSCOMP software
accompanying this EULA, which includes computer software and may include associated media,
and "online" or electronic documentation ("SOFTWARE PRODUCT" or
"SOFTWARE").
By exercising your rights to make and use copies of the SOFTWARE
PRODUCT, the LICENSEE agrees to be bound by the terms of this EULA. If the LICENSEE does
not agree to the terms of this EULA, the LICENSEE may not use the SOFTWARE PRODUCT.
Copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties protect the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold.
1) GRANT OF LICENSE.
This EULA grants the LICENSEE the following permissions:
Installation and Use.
- The "Commander" (Editing Tool), On-Line Documentation, and Help files, which
form part of this SOFTWARE, may be installed and used on any Computer.
- The LICENSEE is granted permission to use one registered copy of the licensed SOFTWARE
on one single Intranet/Extranet server and include this SOFTWARE PRODUCT in as many web pages as
desired, providing that these web pages reside on the licensed Intranet/Extranet server.
- A separate, additional EULA is required for each additional Intranet/Extranet Server on which the
licensed SOFTWARE is used.
2) REPRODUCTION AND DISTRIBUTION...
The LICENSEE MUST NOT reproduce, distribute or make any copies of
this SOFTWARE, or any of the accompanying material, for any purpose, except for making ONE
copy for the LICENSEES own use - for backup purposes only.
3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. .
.
- Limitations on Reverse Engineering,
Decompilation, and Disassembly.
The LICENSEE may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT.
- Separation of Components.
The SOFTWARE PRODUCT is licensed
as a single product.
Its component parts may not be
separated for use on more than one computer, except as expressly permitted by the License
information referred to by section 1 of this EULA.
- Software Transfer.
The rights granted under this EULA are personal to the LICENSEE
only and are integral to the LICENSEE'S continued usage of the SOFTWARE PRODUCT.
- The LICENSEE may not transfer, assign, sub-license or re-sell all or
any of the rights granted under this EULA.
- Termination.
Without prejudice to any other rights, AUSCOMP may terminate this
EULA if the LICENSEE fails to comply with the terms and conditions of this EULA. In such
event, the LICENSEE must destroy ALL copies of the SOFTWARE PRODUCT and ALL of its
component parts.
Where required by AUSCOMP, the LICENSEE shall do all such things and
acts, including but not limited to, signing a statutory declaration or affidavit verifying
that the LICENSEE has destroyed ALL copies of the SOFTWARE PRODUCT and ALL of it's
components in accordance with AUSCOMP'S requirements following the termination of this
EULA.
4) COPYRIGHT.
All title to and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of
the SOFTWARE PRODUCT are owned by AUSCOMP
Copyright laws and international treaty provisions protect
the SOFTWARE PRODUCT. Therefore, the LICENSEE must treat the SOFTWARE PRODUCT like any
other Copyrighted material.
It is required that this SOFTWARE contains the author's (AUSCOMP Pty. Ltd.) copyright notification. There is a
mandatory copyright parameter ("AUSCOMP'S 1st JAVA Navigator - Copyright © 1998 by
AUSCOMP Pty. Ltd. All rights reserved.") contained within the HTML code which cannot
be removed.
The name "AUSCOMP," it's logo and it's phrase "Making
your Web presence felt!" are all registered trademarks of AUSCOMP Pty. Ltd. All
rights reserved.
5) LIMITED WARRANTY.
- NO WARRANTIES.
- The LICENSEE acknowledges that it has purchased the SOFTWARE PRODUCT
"as is" and based upon the LICENSEE'S own knowledge, own requirements and needs,
and not based upon any representation or warranty of AUSCOMP.
AUSCOMP expressly disclaims any warranty for the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is"
without warranty of any kind, either express or implied, including, without limitation,
the implied warranties or merchantability, fitness for a particular purpose, or
non-infringement. The entire risk arising out of use or performance of the SOFTWARE
PRODUCT remains with the LICENSEE.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall AUSCOMP be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use this AUSCOMP product, even if AUSCOMP has been advised of
the possibility of such damages prior to the purchase of the SOFTWARE PRODUCT by the
LICENSEE.
6) JURISDICTION.
The LICENSEE acknowledges and agrees that this EULA
is entered into in Australia and is thereby governed by the Laws of the Commonwealth of
Australia. The LICENSEE and AUSCOMP submit to the jurisdiction of the Courts of the
Commonwealth of Australia.
(c)
1996-1999 Auscomp - World Wide. All Rights Reserved.
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