PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
The enclosed FileMaker Pro template ("Software") is licensed, not sold, to you by Interface Australia for use only under the terms of this License, and Interface Australia reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Interface Australia and its licensors retain ownership of the Software itself.
1. License. This License allows you to:
(a) Use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.).
(b) Make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Interface Australia.
(c) Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM.
YOU MAY NOT ADAPT, TRANSLATE, SELL, RENT, LEASE, OR LOAN THE SOFTWARE OR DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF (except as specified in section 1c above).
3. Termination.
This License is effective until terminated. This License will terminate immediately without notice from Interface Australia or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 6, 7 and 8 will survive any termination.
4. Passwords.
The Software licensed to you may contain features which are protected by certain passwords. You are not authorised to enter, remove or change such passwords, and only Interface Australia is authorised to enter, remove or change such passwords.
5. Limited Warranty.
Interface Australia warrants for a period of ninety (90) days from your date of purchase that
(i) the media on which the Software is recorded will be free from defects in materials and workmanship under normal use, and
(ii) the Software as provided by Interface Australia will substantially conform to Interface Australia's published specifications for the Software.
Interface Australia's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Interface Australia's option, replacement of the media, refund of the purchase price or repair or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY INTERFACE AUSTRALIA AND INTERFACE AUSTRALIA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND MAY ALSO IMPLY OTHER RIGHTS WHICH WARY FROM STATE TO STATE (OR TERRITORY). IN SOME STATES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY, IF LEGISLATION EXPRESSLY FORBIDS IT.
6. Limitation of Remedies and Damages.
In no event will Interface Australia, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Interface Australia or an Interface Australia representative has been advised of the possibility of such damage. Interface Australia's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. This License will be construed under the laws of the States, Territories and the Commonwealth of Australia. This Licence constitutes the entire agreement and understanding between the parties in relation to the supply of the software to you. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to 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.
