Internet Magazine 1998 July/Internet Magazine July 1998.iso/pc/software/windows/utils/vet antivirus/disk1/licence.txt

Text File | 1997-11-26 | 10.1 KB | 187 lines

VET ANTI-VIRUS SOFTWARE LICENCE AGREEMENT
WARNING
Please carefully read the following terms and conditions before continuing
with the setup or installation. You will be asked if you understand and accept
and agree to be bound by these terms and conditions the installation or setup
will not complete until you have confirmed this.
If you do not agree to these terms and conditions, promptly return the
package to Cybec Pty Ltd ("Cybec") within 14 days (or the dealer from which
you acquired this product) and your Licence fee will be refunded.

RECITALS

A. Cybec is the author of and owns the software suite supplied, known as Vet
Anti-Virus Software together with any updates, enhancements, modifications,
additions or new releases thereto and related documentation, including
instruction manuals (the "Software").

B. Cybec has agreed to grant the Licensee a non-exclusive non-transferable
Licence to use the Software and the right to install the Software subject to
the following terms and conditions.

C. Where any of the following terms occur they will have the following
meaning:
PC: An IBM compatible computer
Workstation: An IBM compatible computer
Single PC Licence: A Licence to use Vet on a single IBM compatible computer
OEM Version: (Original Equipment Manufacturer Version) This copy
of Vet is only to be installed onto PCs that are then to be sold. This is
done so that the customer can be confident that when their new PC
arrives it will be virus free.
Multiple PC Licence: Vet can be used on more than one PC (The
invoice will let you know how many PCs it can be installed to)
Starter Kit: A single copy of the software that will not receive any
updates or support
Media: Including but not limited to Disks, Cds and Tapes

OPERATIVE PROVISIONS

1. LICENCE
In consideration of the payment of the amount referred to on the invoice
and/or receipt issued to the Licensee with this package ("the Licence Fee")
for the Software and the LicenceeÆs agreement to be bound by the terms and
conditions of this Agreement, Cybec hereby grants to the Licencee a non-
exclusive non-transferable Licence for one year (unless otherwise arranged,
and confirmed in writing) to use the Software and the right to install the
Software on the terms and conditions contained in this Agreement. This
Agreement does not grant the Licencee any title or rights of ownership in the
Software.

2. CONDITIONS OF USE
2.1 If the Software supplied is a Single User (Starter Kit or OEM) it can
only be installed and used on one personal computer ("PC") or workstation at
any one time. A Starter Kit or OEM Version of the Software may not be used
to protect multiple PCs or workstations and does not come with any
upgrades or support.

2.2 If the Software supplied is a Single User Workstation Version that is not a
Starter Kit or OEM it can only be installed and used on one personal
computer ("PC") or workstation at any one time. A Single User Version of the
Software may not be used to protect multiple PCs. The users will receive the
upgrades and support that is listed in the on-line help that comes with the
Software.

2.3 If the Software supplied is a Multiple User Workstation Version, the
Software may only be used on that number of PCs or workstations referred
to on the invoice issued to the Licencee with this package at any one time.
Where the Software is available to PCs and workstations by virtue of its
being installed on a Network, the sum total of PCs protected by the Software
may not exceed the total number of PCs covered by the Multiple User
Agreement.

2.4 If the number of PCs specified in clause 2.3 represents all the PCs
owned by the Licensee, Cybec permits the Licensee to distribute copies of
the PC Workstation Software to its employees or full-time students for their
personal use, provided that they are given a full copy of the current Vet
Master Disk with all files intact and that all such employees or full-time
students are informed that they may only use the Software while they remain
employed or enrolled with the Licensee and may not use the Software on any
PC used for commercial purposes other than in the course of their
employment or studies with the Licensee. Copies of the Vet Master Disk may
be made by carrying out a diskcopy.

2.5 The Licensee may transfer the Software to another PC, workstation or
network as the case may be provided that the Licensee deletes or erases the
Software from the PC, workstation or network on which it has been installed
prior to installing it on the other PC, workstation or network.

2.6 A separate Licence agreement and Licence fee is required for use of the
Software on any additional network, PC or workstation. The number of users
for a Multiple PC Licence Version may be increased on application to Cybec
and on payment of CybecÆs then current Licence fees therefor.

2.7 If the Software supplied is a Network Version, the Software may only be
used on that number of servers referred to on the invoice issued to the
Licensee with this package at any one time.

2.8 A Licensee with either a Vet Tech or Corporate Service Licence is
authorised to temporarily install the Software to find and remove viruses on
PCs belonging to the Licensee and those belonging to the licencee's
customers. However Cybec does not permit the Licensee to
leave any installed copies of the Software on PCs belonging to the Licensee
and does not permit the Licencee to leave any copies of the Software in the
possession of, or on the PCs of customers of the Licencee. The Software
can only be left on a PC if a separate Licence has been purchased according
to the conditions in section 2.2, 2.3 or 2.6 of this document.

3. LICENSEEÆS OBLIGATIONS
The Licensee undertakes and agrees with Cybec that the Licensee must:(a)
not copy, reproduce, translate, adapt, vary or modify the Software other than
in accordance with the terms and conditions of the Agreement without the
prior written consent of Cybec; and (b) supervise, control and shall indemnify Cybec
fully against, all actions, claims, liabilities, costs and expenses
howsoeverlasting which Cybec may incur as a result of the LicenseeÆs
breach of CybecÆs copyright and other intellectual property rights in the
Software.

4. WARRANTY

4.1 The Licensee acknowledges that the Software can not be guaranteed free
of errors and further acknowledges that the existence of any such errors
shall not constitute a breach of this Agreement.

4.2 Notwithstanding clause 4.1, Cybec expressly warrants that, for a period
of [90] days commencing immediately upon delivery of the Software (as
evidenced by a copy of the receipt for the Software), the media on which the
Software is recorded will be free from defects in material and workmanship
under normal use and conditions. If the Media fails to comply with these express
warranties, Cybec will, at its cost and discretion, either refund the purchase
price or replace the product provided that, in either case, the Licensee returns
the product to Cybec or the dealer who supplied it to the Licensee and the
Licensee provides Cybec or the dealer with details regarding the defect.

4.3 The express warranty contained in clause 4.2 does not apply to the
media which have been damaged or modified by the Licensee or third
parties and does not apply to problems, defects or errors which are caused
by the failure of third party equipment or by the fault or negligence of the
Licensee or third parties.

5. LIMITATION OF LIABILITY
To the fullest extent allowed under law, Cybec excludes all other terms,
warranties and conditions, whether express or implied, relating to the
performance, quality, or fitness for use of the Software or the
Media is recorded, including any warranty or condition that the
Software will meet the LicenseeÆs requirements or operate without
interruption or error. To the fullest extent allowed under law, and subject only
to the express warranty contained in clause 4.2, the liability of Cybec for any
breach of any term, condition or warranty, or duty of care, shall be limited, at
the discretion of Cybec, to any one or more of the following:(a) the
replacement of the Software or the supply of equivalent Software from
Cybec;(b) the repair of the Software;(c) the payment of the cost of replacing
the Software; or(d) the payment of the cost of having the Software repaired.
The Licensee agrees that in no event will Cybec be liable for damages,
including but not limited to, indirect, special, incidental or consequential
damages (including loss of profits or anticipated revenue) in connection with
or arising out of performance of the Software, even if Cybec or the dealer
had been advised of the possibility of such damages.

6. WAIVER
No right under this Agreement shall be deemed to be waived except by
notice in writing signed by each party. No waiver by a party pursuant to this
clause will prejudice its rights in respect of any subsequent breach of this
Agreement by another party.

7. ASSIGNMENT
This Agreement will enure to the benefit of Cybec, its successors and
assigns. The Licensee may not assign or otherwise deal with its rights or
obligations under this Agreement or any part thereof without the prior written
consent of Cybec.

8. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the
laws of Victoria (Australia) and the parties agree to submit to the non-
exclusive jurisdiction of the courts of Victoria.

9. INVALIDITY
Any provision of this Agreement which is or becomes prohibited or
unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to
the extent thereof without invalidating any other provision of this Agreement,
and any such prohibition or unenforceability will not invalidate such provision
in any other jurisdiction.

10. ENTIRE AGREEMENT
This Agreement comprises the entire agreement between the parties with
respect to the subject matter of this Agreement and supersedes all prior
agreements, representations and correspondence between the parties with
respect to that subject matter.