1st JAVA Navigator - Copyright (Evaluation)

Copyright / Evaluation License Agreement (ELA)

Definitions
Important - Please read carefully
1) Grant of License
2) Reproduction and Distribution
3) Description of other Rights and Limitations
4) Copyright
5) Limited Warranty
6) Jurisdiction

Definitions:
AUSCOMP	Auscomp Pty. Ltd. http://www.auscomp.com http://www.auscomp.com.au
SOFTWARE / SOFTWARE PRODUCT	Auscomp's 1st JAVA Navigator
EULA	End User License Agreement
ELA	Evaluation License Agreement
Original Evaluation Version	Evaluation version as supplied by AUSCOMP for it's 1st JAVA Navigator product.
LICENSEE	The End User: An individual. A recognised legal entity. An Identified Operating Facility - as defined by Auscomp.
Identified Operating Facility	A single Company within a single country. Government Department, or An Educational Institution.

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IMPORTANT- PLEASE READ CAREFULLY:

This Auscomp Evaluation License Agreement ("ELA") 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 ELA, 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 ELA. If the LICENSEE does not agree to the terms of this ELA, 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.

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1) GRANT OF LICENSE:

This ELA grants the LICENSEE the following permissions:

Installation and Use:

The Evaluation version of the SOFTWARE PRODUCT may be used for a period of 30 days only, for the sole purposes of:

Demonstration

Testing

Evaluation

The SOFTWARE PRODUCT must NOT, under any circumstances, be:

Rented

Leased

Re-sold

The "Commander" (Editing Tool), On-Line Documentation, and Help files, which form part of this SOFTWARE PRODUCT, may be installed and used on any Computer.

Auscomp reserves any rights not expressly granted herein.

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2) REPRODUCTION AND DISTRIBUTION:

Provided that the LICENSEE is able to verify that they are distributing the Evaluation Version ONLY - in it's 'ORIGINAL' and 'UNMODIFIED ENTIRETY' - as supplied by AUSCOMP:

The LICENSEE is hereby permitted to:

Make multiple copies of the Original Evaluation Version of this SOFTWARE PRODUCT.

Provide and distribute exact and unmodified copies of the Original Evaluation Version from AUSCOMP to anyone for use on:

Internet

Intranet

CD-ROM

There is no charge for the above.

The LICENSEE is hereby PROHIBITED from:

Charging, or requesting donations, for any such copies, however made.

Distributing the SOFTWARE PRODUCT (and/or it's Documentation) with other products (commercial or otherwise) without prior written and official permission from AUSCOMP.

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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.

It’s 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 ELA.

Software Transfer.

The rights granted under this ELA 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 ELA.

Termination.

Without prejudice to any other rights, AUSCOMP may terminate this ELA if the LICENSEE fails to comply with the terms and conditions of this ELA. 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 ELA.

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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.

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.

Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, the LICENSEE must treat the SOFTWARE PRODUCT like any other Copyrighted material.

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5) LIMITED WARRANTY:

NO WARRANTIES.

The LICENSEE acknowledges that it has downloaded 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.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.

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 ELA 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.

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