This is a software license agreement ("Agreement") between you and Diamond Computer Systems Pty. Ltd., of 74 Pinnaroo Drive, Padbury, Western Australia ("Licensor"). BY INSTALLING THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU ARE BOUND BY ITS TERMS, AND THAT IT IS THE ONLY AGREEMENT BETWEEN US REGARDING THE ENCLOSED SOFTWARE (the "Software") AND THE ACCOMPANYING DOCUMENTATION (the "Documentation"). If you do not agree to the terms of this Agreement, you must terminate the License by destroying the Documentation and the Software together with all copies.
1. Grant of License. Licensor grants you a nonexclusive license (the "License") to use the Software on computers owned or leased by you for the purposes described in the Documentation.
2. Ownership. Ownership of, and title to, the Software and Documentation, including any adaptations or copies, shall be held by Licensor or its licensors. A copy is provided to you only to allow you to exercise your rights under the License.
3. Copies. The Software and Documentation are copyrighted. You may load the Software onto the hard drive of your computers, and you may make one archival or back-up copy of the Software. All proprietary rights notices must be fully reproduced and included on all copies and adaptations. You may not copy the Documentation or make any other copies of the Software.
4. Other Restrictions. You may not transfer, rent, sublicense or otherwise distribute all or any part of the Software or Documentation; modify the Software; or reverse engineer, reverse compile, disassemble or otherwise attempt to create the source code from the Software. The Software embodies valuable trade secrets of Licensor and its licensors. You may not disclose any such trade secrets or use such trade secrets other than as provided in this Agreement.
5. Limitation of Warranty. The Software 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 noninfringement. The entire risk arising out of use or performance of the Software remains entirely with you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE DOCUMENTATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION BY ANY PERSON, WHETHER OR NOT INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. LICENSORÆS TOTAL LIABILITY WITH RESPECT TO ALL CAUSES OF ACTION TOGETHER WILL NOT EXCEED THE AMOUNT YOU PAID LICENSOR FOR THE LICENSE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, LICENSORÆS NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Term. The License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the License at any time by destroying the Documentation and the Software together with all copies. The License shall also automatically terminate if you breach any of the terms or conditions of this Agreement or the License. You agree to destroy the original and all copies of the Software and Documentation, or to return them to Licensor, upon termination of the License.
8. U.S. Government Restricted Rights. Use, reproduction, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR º 52.227-14 Alt III, FAR º 52.227-19, or DFARS º 227.7202-3, as applicable.
