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- SOFTWARE LICENSE
-
- ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE OPENING
- THIS PACKAGE. THE INDIVIDUAL OR ENTITY OPENING THIS PACKAGE
- (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.
- DO NOT USE THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF
- THIS LICENSE.
-
- Licenser reserves any right not expressly granted
- to the End-user. Licenser retains ownership of all copies of the
- Software itself. The End-User assumes sole responsibility for the
- installation, use and results obtained from use of the Software.
-
- 1. License. End-User is granted a limited, non-exclusive license
- to do only the following:
- A. Install and maintain the Software on one computer at
- any time for use only in the End-User's own business.
- B. Make one copy in machine-readable form solely for backup or
- archival purposes for the computer on which the Software is
- installed. The Software is protected by copyright law. As
- an express condition of this License, the End-User must
- reproduce on the copy Licenser's copyright notice and any
- other proprietary legends on the original copy supplied by
- Licenser.
- C. Transfer the Software and all rights under this License to
- another party together with a copy of this License and all
- written materials accompanying the Software, provided;
- (i) the End-User gives Licenser written notice of the
- transfer (including in such notice the identity of the
- transferee), and
- (ii) the other party reads and agrees to accept the terms
- and conditions of this License.
-
- 2. Restrictions. The End-User may NOT sublicense, assign, or
- distribute copies of the Software to others. The Software
- contains trade secrets. The End-User may NOT decompile, reverse
- engineer, disassemble, or otherwise reduce the Software to a human
- readable form. The Software is licensed as a single product.
- Its component parts may not be separated for use on more than one
- computer. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT,
- LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN
- OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED
- UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY
- PROVIDED IN SECTION 1.C. ABOVE.
-
- 3. Termination. This License is effective until terminated. This
- License will terminate immediately without notice from Licenser if the
- End User fails to comply with any of its provisions. Upon termination
- the End User must destroy the Software and all copies thereof, and the
- End-User may terminate this License at any time by doing so.
-
- 4. Limited Warranty. Licenser warrants that, for thirty (30) days from
- the date of initial use by the original End User, the Software shall
- operate substantially in accordance with the published functional
- specifications current at the time of shipment. If, during the warranty
- period, a defect appears, End User shall return the Software to
- Licenser and Licenser's only obligation shall be, at Licenser's
- election, to replace the defective Software. The End-User agrees that
- the foregoing constitutes the End-User's sole and exclusive remedy for
- breach by Licenser under any warranties made under this Agreement.
- This warranty does not cover any Software that has been altered or
- changed in any way by anyone other than Licenser. Licenser is not
- responsible for problems associated with or caused by incompatible
- operating systems or equipment, or for problems in the interaction of
- the Software with software not furnished by Licenser. No oral or written
- information or advice given by Licenser or its dealers, distributors,
- employees or agents shall in any way extend, modify or add to the
- foregoing warranty.
-
- THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN
- LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
- BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES
- ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF
- THE SOFTWARE. IN NO EVENT WILL LICENSER, OR ITS DIRECTORS,
- OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER
- FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
- EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
- PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS
- INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN
- MATERIALS, EVEN IF LICENSER HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
- LICENSER'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL
- DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
- THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT
- SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSER FOR THE
- LICENSE OF THE SOFTWARE.
-
- 5. General. This License will be governed by and construed in
- accordance with the laws of Melbourne, Australia, and shall
- inure to the benefit of Licenser and End-User and their successors,
- assigns and legal representatives. If any provision of this
- License is held by a court of competent jurisdiction to be invalid
- or unenforceable to any extent under applicable law, that provision
- will be enforced to the maximum extent permissible, and the
- remaining provisions of this License will remain in full force and
- effect.
- Any notices or other communications to be sent to Licenser must be
- mailed first class, postage prepaid, to the following address:
- Erez Yearot
- PO Box 2137
- Caulfield Junction
- Vic, 3161
- Australia
- This Agreement constitutes the entire agreement between the
- parties with respect to the subject matter hereof, and all prior
- proposals, agreements, representations, statements and undertakings
- are hereby expressly cancelled and superseded.
- This Agreement may not be changed or amended except by a written
- instrument executed by a duly authorized officer of Licenser.
-
- 6. Acknowledgment. BY INSTALLLING THIS PACKAGE, THE END-USER
- ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND
- AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
- Should you have any questions concerning this License, contact
- Licenser at the address set forth above.
-