END USER LICENSE AGREEMENT (EULA)
1st JAVA Navigator Original Equipment
Manufacturer (OEM)
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.
- This EULA is granted specifically for the
identified product (as titled in the signed License Agreement Registration form) ONLY and
on an ANNUAL basis ONLY.
- This EULA is not valid until AUSCOMP has
approved the product named in the License Agreement Registration form and processed the
signed order.
- The LICENSEE's product (as titled in the
signed License Agreement Registration form) must not substantially duplicate the
capabilities of AUSCOMP'S SOFTWARE PRODUCT or, in the reasonable opinion of AUSCOMP,
compete with same.
- The LICENSEE may distribute AUSCOMP'S
SOFTWARE PRODUCT applet/s (Class files) only as integrated within and as part of the LICENSEE's product (as
titled in the signed License Agreement Registration form) which operates in conjunction
with AUSCOMP'S SOFTWARE PRODUCT.
- The "Commander" (Editing Tool),
On-Line Documentation, and Help files, which form part of this SOFTWARE, may be installed
and used on any Computer which is part of the LICENSEE's organisation as specified in the
signed License Agreement Registration form. The Commander may not be distributed to any
person, computer, or company, which is not part of the LICENSEE's organisation as
specified in the signed License Agreement Registration form.
- The LICENSEE agrees to include the valid
copyright notice from AUSCOMP within the product (as titled in the signed License
Agreement Registration form) and abide by the terms and conditions as written within this
EULA.
- This EULA shall terminate after ONE FULL
CALENDAR YEAR, from the date as specified on the signed License Agreement Registration
form. Prior to the end of that year, the LICENSEE may apply for a RENEWAL of the EULA by
signing and forwarding a new License Agreement Registration form to AUSCOMP, at least ONE
WEEK PRIOR to the end of that year.
- On termination, all permissions granted by
this EULA shall cease to be effective and the LICENSEE must IMMEDIATELY stop ALL and ANY
distribution of AUSCOMP's SOFTWARE PRODUCT.
- The LICENSEE shall be responsible for all
End User support for the LICENSEE's product. AUSCOMP is not bound in any way to provide
support of any kind to End Users of the LICENSEE's product.
- No Source Code for AUSCOMP'S SOFTWARE
PRODUCT shall be provided.
- Should the nature of the product for which
this License is granted alter substantially, after the license is granted, including
changes with regard to competing directly with AUSCOMP's SOFTWARE PRODUCT for market
share, then AUSCOMP must be notified within 24 hours and may elect to terminate this EULA
if necessary, entirely at the discretion of AUSCOMP.
- The LICENSEE agrees to indemnify, hold
harmless, and defend AUSCOMP from and against any claims or lawsuits, including Attorney's
fees, that arise or result from the use or distribution of the product (as titled in the
signed License Agreement Registration form).
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 as specified in section 1 of this EULA.
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.