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.

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 Intranet servers and also on any of the Identified Operating Facility's Internet 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.

3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

1. Limitations on Reverse Engineering, Decompilation, and Disassembly.

2. Separation of Components.  

3. 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.

4. 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.

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.

5) LIMITED WARRANTY.

1. 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.

2. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

1. 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.