DAVID DARBY DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER DAVID DARBY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF DAVID DARBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL DAVID DARBY’S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF THE LIMIT OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VICTORIA, IN THE COMMONWEALTH OF AUSTRALIA, AND SHALL INURE TO THE BENEFIT OF DAVID DARBY AND ANY SUCCESSORS, ADMINISTRATORS, HEIRS AND ASSIGNS. ANY ACTION OR PROCEEDING BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN MELBOURNE, AUSTRALIA. THE PARTIES HEREBY CONSENT TO IN PERSONAM JURISDICTION OF SAID COURTS.
Copyright protection
THIS SOFTWARE AND THE DISKS ON WHICH IT IS CONTAINED IS LICENSED TO YOU, FOR YOUR OWN USE. THIS IS COPYRIGHTED SOFTWARE. YOU ARE NOT OBTAINING TITLE TO THE SOFTWARE OR ANY COPYRIGHT RIGHTS. YOU MAY NOT SUBLICENSE, RENT, LEASE, CONVEY, MODIFY, TRANSLATE, CONVERT TO ANY OTHER PROGRAMMING LANGUAGE, DECOMPILE, OF DISASSEMBLE THE SOFTWARE FOR ANY PURPOSE.
YOU MAY MAKE AS MANY COPIES OF THIS SOFTWARE AS YOU NEED FOR BACK-UP PURPOSES. YOU MAY USE THIS SOFTWARE ON MORE THAN ONE COMPUTER, PROVIDED THERE IS NO CHANCE IT WILL BE USED SIMULTANEOUSLY ON MORE THAN ONE COMPUTER. IF YOU NEED TO USE THE SOFTWARE ON MORE THAN ONE COMPUTER SIMULTANEOUSLY, PLEASE CONTACT US FOR INFORMATION ABOUT THE SITE LICENSES.
