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
SAUSAGE 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 unlimited days commencing when you install the software; "key" means a device provided by Sausage 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 $AUD; "locked software" means the
software, without a key; "Sausage Software" means Sausage Software
Holdings Pty Ltd ACN 070 419 842, 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 Sausage 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 Sausage Software. Within a reasonable time after
Sausage Software receives the licence fee from you, Sausage 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) Sausage 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
Sausage 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 Sausage 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, Sausage 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 Sausage 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 Sausage 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 Sausage
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 Sausage 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 Sausage Software against all liabilities,
costs and expenses which Sausage 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
Sausage 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 Sausage Software to terminate that agreement; or
(g) Sausage 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 Sausage Software.
18. Such termination shall not affect any rights or remedies which
Sausage 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 Sausage
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 Victoria, Australia and Sausage Software and you
submit to the jurisdiction of courts and tribunals exercising jurisdiction in
