License Agreement

PowerZip 7.0 End-User License Agreement

WARNING:
You should carefully read the following terms and conditions before using the PowerZip Software ("PowerZip"). Permission to use PowerZip is conditional upon you agreeing to the terms and conditions set out below. Your use of PowerZip will be deemed to be your acceptance of the terms of this License.

LICENSE:
The Copyright in PowerZip and its documentation is owned by Trident Software Pty Ltd (ACN 092 435 231). Subject to the terms of this License you are granted a non-exclusive right to use PowerZip as follows:

1. During the 45-day Evaluation Period, you are licensed to use PowerZip for evaluation purposes without charge for a period of 45 days. If you use PowerZip after the 45-day evaluation period, you are required to register PowerZip. Unregistered use of PowerZip after the 45-day evaluation period is a violation of Australian and International copyright laws; or

2. As a Registered User. Each registered copy of PowerZip may either be used by a single person who uses PowerZip personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the registered version of PowerZip via a network, provided that you have obtained individual licenses for PowerZip covering all workstations that will access PowerZip through the network. For example, if 10 different workstations will access PowerZip on the network, each workstation must have its own PowerZip license, regardless of whether they use PowerZip at different times or concurrently.

REGISTRATION: Each Registered User will be supplied with a Product Key upon payment of the License Fee. The Product Key will enable and license the use of PowerZip on a specified number of workstations. The Registered User must keep their Product Key secure and confidential. A Product Key that has not been obtained directly from Trident Software Pty Ltd or its official distributors must not be used to access PowerZip.

A Product Key may be purchased by visiting https://www.tridentsw.com/powerzip/sec/buy.aspx or contacting Trident Software Pty Ltd via mail at the following address:

PO Box 12148, Melbourne, Victoria, Australia 8006

DISTRIBUTION:
PowerZip may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety and no fee is charged. However, use remains conditional upon you agreeing to the terms and conditions of the License. PowerZip may not be distributed on CD-ROM, disk, or other physical media for a fee without the written permission of Trident Software Pty Ltd.

YOUR OBLIGATIONS:
You must not adapt, vary, modify, decompile, disassemble, reverse-engineer create derivative works of, sub-license, rent or lease PowerZip any way, including, but not limited to changing or removing this End User License Agreement and any copyright notices, messages or windows.

SUPPORT:
Trident Software Pty Ltd may from time to time make available support services and other assistance in relation to PowerZip. Should you wish to use such services then you agree to pay the then published rates of Trident Software Pty Ltd in relation to such services which are supplied pursuant to the terms and conditions set out in this agreement. Any period of support notified in the published rates shall be automatically renewed unless either a party advises the other party in writing or by email that it does not intend to continue with such support prior to the expiration of the term. Trident Software Pty Ltd reserves the right to suspend the provision of services unless its accounts are promptly paid. As of 2004-01-28, free technical support via e-mail is offered. However, Trident Software Pty Ltd reserves the right to cease offering this service to all users or a particular user/group of users at any time.

UPGRADES:
Other than that set out under Support and Limited Warranty, nothing in this agreement imposes an obligation on Trident Software Pty Ltd to rectify any software or documentation errors in PowerZip or to provide you with any corrections, modifications, enhancements or other form of upgrades in relation to PowerZip.

LIMITED WARRANTY:
Trident Software Pty Ltd warrants that PowerZip will perform substantially in accordance with its published documentation. Trident Software Pty Ltd shall refund the purchase price or replace PowerZip subject to notification of the defect within thirty (30) days of the date of registration and this shall be your sole remedy for any such defect. PowerZip and any documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement. However, the liability of Trident Software Pty Ltd for any breach of such term shall if permitted by that legislation be limited, at Trident Software Pty LtdÆs option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.

LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, TRIDENT SOFTWARE PTY LTD SHALL NOT BE UNDER ANY LIABILITY (CONTRACTUAL, TORTIOUS OR OTHERWISE) TO YOU (OTHER THAN THE LIMITED WARRANTY) IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL LOSS OR DAMAGE BUT EXCLUDING PERSONAL INJURY) HOWSOEVER CAUSED, WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN RESPECT TO THE SUPPLY OF GOODS OR SERVICES PURSUANT TO THIS LICENSE OR THE ACT, FAILURE OR OMISSION OF TRIDENT SOFTWARE PTY LTD.

DURATION:
The license commences upon use of PowerZip and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement; if your license fee payment is reversed, voided, charged back or refunded; if you become the subject of insolvency proceedings; if you, being firm or partnership, are dissolved; or if you destroy PowerZip and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of PowerZip and documentation or otherwise return or dispose of such material in the manner directed by Trident Software Pty Ltd. Termination pursuant to this clause shall not affect any rights or remedies, which Trident Software Pty Ltd may have otherwise under this license or at law.

ASSIGNMENT:
You may only transfer all your rights and obligations under this license to another party if you supply to the transferee a copy of this agreement, the license information and all other documentation including proof of ownership and the original supply diskettes or media unaltered in any way. Your license is then terminated. If PowerZip is licensed in multiples of two or more (for example a pack) it may only be transferred in its entirety. Individual licenses to such components cannot be transferred.

EXPORT RESTRICTIONS:
PowerZip is subject to export restrictions of the United States and Australia. If you are:

(1) in a country to which export from the United States or Australia is restricted or a national of such country (regardless of where you are located), or

(2) in a country to which the United States or Australia has embargoed or restricted the export of goods or services, or a national of such country (regardless of where you are located), or

(3) a person or entity who has been prohibited from participating in export transactions from US or Australia by any relevant government agency

then you must not install, download, access or use PowerZip. By accepting this agreement, you warrant and represent to Trident Software Pty. Ltd. that you do not match the criteria set forth in either (1), (2) or (3) above and that you will not export or re-export PowerZip to any country, person or entity that matches the criteria set forth in either (1), (2) or (3).

WAIVER:
Failure or neglect by Trident Software Pty Ltd to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Trident Software Pty LtdÆs rights under this license.

SEVERABILITY:
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.

ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.

GOVERNING LAW:
This agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.