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END USER LICENSE
AGREEMENT (EULA)
1st JAVA Navigator
– Worldwide Corporate Site License (CSL)
IMPORTANT- PLEASE READ CAREFULLY:
This AUSCOMP End User License Agreement
("EULA") is a legal agreement between you the End User (whether
an individual, a recognised legal entity, or an Identified Operating
Facility - as defined by AUSCOMP) (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.
- A Corporate Site License may only be granted to an
"Identified Operating Facility."
- An "Identified Operating Facility" must be either:
- A Single Company
- Government Department, or
- An Educational Institution.
- The LICENSEE is granted permission to make use of the SOFTWARE
within an "Identified Operating Facility" only.
- This includes permission to use the SOFTWARE on any of the
Identified Operating Facility's Web/Intranet/Extranet servers and also on any of
the Identified Operating Facility's Web/Internet/Extranet servers, worldwide.
- For Educational Institutions, this EULA includes permission for
the web sites of all students of the Institution, whilst they remain
students of the Institution, to use the licensed SOFTWARE in their
web sites, provided they are hosted on the Educational Institution's
Internet servers only.
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 LICENSEE’S 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.
It’s 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 it’s
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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