THE ACCOMPANYING SOFTWARE ("THE SOFTWARE")THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND MAY ONLY BE USED, TRANSMITTED OR REPRODUCED IN ACCORDANCE WITH THE LICENCE TERMS.
DO NOT INSTALL, REPRODUCE, TRANSMIT, OR USE THE SOFTWARE UNTIL YOU HAVE
READ AND ACCEPTED ALL OF THE LICENCE TERMS. PERMISSION TO USE THE
SOFTWARE IS CONDITIONAL UPON YOU AGREEING TO THE LICENCE TERMS.
INSTALLATION, REPRODUCTION, TRANSMISSION OR USE OF THE SOFTWARE BY YOU
WILL BE DEEMED TO BE ACCEPTANCE OF THE LICENCE TERMS. ACCEPTANCE WILL
BIND YOU TO THE LICENCE TERMS IN A LEGALLY ENFORCEABLE CONTRACT WITH SFS
SOFTWARE.
IF YOU DO NOT WISH TO ACCEPT THE LICENCE TERMS, DO NOT INSTALL,
REPRODUCE, TRANSMIT OR USE THE SOFTWARE.
1. In the licence terms: "free trial period", in respect of the
software, means a period of 30 starts commencing when you install the
software, including any further period permitted by SFS Software; "key"
means a device provided by SFS Software, upon receipt of the licence fee,
which enables the software to operate after the free trial period has
expired; "licence fee" means the amount of $US; "locked software" means
the software, without a key; "SFS Software" means SFS Software, of the
address indicated below; and "unlocked software" means the software,
together with and operational through use of a key.
2. Subject to the licence terms, you are granted a non-exclusive
right during the free trial period to reproduce, transmit and use locked
software on as many computers as you wish, provided that such software is
used for evaluation purposes only. During the free trial period the
locked software will operate without a key and the software licence
granted in this clause shall be immediately revocable by SFS Software
without need to show cause. Upon expiry of the free trial period, the
software licence granted in this clause will automatically terminate and
the software will become inoperational without the use of a key.
3. If you wish to use the software after the free trial period, you
must pay the licence fee to SFS Software. Within a reasonable time after
SFS Software receives the licence fee from you, SFS Software will provide
you with a key.
4. Subject to the licence terms, if you pay the licence fee, you are
granted a non-exclusive right to cause a single copy of unlocked software
to be executed on a single central processing unit of a single computer
at any one time. The licence granted in this clause 4 will continue
until copyright in the software expires in the jurisdiction where the
software is being used for the time being.
5. The software licence extends to any documentation which
accompanies the software, provided that such documentation may not be
copied, modified or used in any way not contemplated or expressly
authorised by the licence terms.
6. You hereby undertake the following obligations:
(a) to not copy, reproduce, transmit, translate, adapt, vary
or modify the software, in whole or in part (including the part being the
key), except as expressly authorised by the licence terms;
(b) to ensure your employees, sub-contractors and others who
are permitted by you to have access to the software are made aware of the
terms of the licence terms and abide by them;
(c) to not use unlocked software for or in connection with an
outsourcing, service bureau or facilities management arrangement; and
(d) to not make unlocked software available across a computer
network.
7. You acknowledge and agree that:
(a) the software is provided "as is" and is not warranted to
be error free;
(b) the existence of any errors in the software shall not
constitute a breach of the licence terms; and
(c) SFS Software will not be liable or responsible for any
virus or other feature of the software which interferes with the normal
operation of a computer and in either case which is not intentionally
introduced by SFS Software.
8. Subject to clause 11, all terms not expressly stated in the
licence terms (including terms relating to the standard or quality of the
software or the fitness of the software for a particular purpose) are
excluded from the licence terms.
9. Subject to clause 11, the maximum liability of SFS Software for
any claims, loss or damage suffered or incurred in any way relating to
the software (whether referable to breach of the licence terms,
negligence or otherwise and including any number of claims which arise
from a single event) will be the licence fee.
10. Subject to clause 11, SFS Software will not be liable for any
indirect or consequential damages however arising (whether through a
breach of the licence terms, negligence or otherwise).
11. In the event that any applicable law or statute implies any terms
or imposes any liability on SFS Software which cannot lawfully be
excluded from the licence terms:
(a) such terms are included in, or as the case may require,
such liability is not excluded by, the licence terms; and
(b) the liability of SFS Software for a breach of such terms
or, as the case may be, such liability, will be limited to the maximum
extent permitted under such law or statute.
12. Nothing in the licence terms entitles you to support or
maintenance services, updates or new releases in respect of the software.
13. You acknowledge and warrant that:
(a) you will acquire a key only after satisfying yourself as
to the fitness of the software for the purpose to which you intend to put
it;
(b) you have not relied on any representation made by SFS
Software which is not stated expressly in the licence terms or upon any
descriptions, illustrations or specifications contained in any document
including catalogues or publicity material produced by SFS Software.
14. You acknowledge that the software, including the key and all
accompanying documentation, are the subject of copyright. You shall not
at any time permit any act which infringes that copyright and, without
limiting the foregoing, you specifically acknowledge that you may not
reproduce or copy the software or the key except as otherwise expressly
authorised by the licence terms.
15. You shall fully indemnify SFS Software against all liabilities,
costs and expenses which SFS Software may incur as a result of a breach
of the provisions of the licence terms by you or permitted by you.
16. The agreement comprising the licence terms may be terminated by
SFS Software in the following circumstances:
(a) if you are in breach of any term of the licence terms;
(b) if you, being a corporation, become the subject of
insolvency proceedings;
(c) if you, being a firm or partnership, are dissolved;
(d) if you, being a natural person, die;
(e) if you destroy the software and documentation for any
reason;
(f) any circumstances not contemplated by the licence terms
occur which make it reasonable for SFS Software to terminate that
agreement; or
(g) SFS Software gives you a notice of its intention to
terminate that agreement, and you do not, within 14 days of dispatch of
that notice, communicate your intention to continue that agreement.
17. Upon such termination, you must cause all remaining copies of the
software (including the key and all accompanying documentation) to be
destroyed or otherwise returned, disposed of or dealt with in the manner
directed by SFS Software.
18. Such termination shall not affect any rights or remedies which
SFS Software may otherwise have under the licence terms or at law.
19. The benefit of the licence terms shall not be dealt with in any
way by you (whether by assignment, sub-licensing or otherwise) without
SFS Software's written consent.
20. Failure or neglect by either party to enforce at any time any of
the provisions of the licence terms shall not be construed or deemed to
be a waiver of that party's rights under the licence terms.
21. The licence terms shall be governed by and construed according to
the law of the State of Thuringia, Germany and SFS Software and you
submit to the jurisdiction of courts and tribunals exercising
