CAREFULLY READ THE FOLLOWING LICENSE
AGREEMENT BEFORE PROCEEDING WITH THE INSTALLATION
OF THE SOFTWARE YOU WISH TO LICENSE. BY INSTALLING
THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE
TERMS OF THIS AGREEMENT, PLEASE REMOVE THE SOFTWARE
FROM YOUR MACHINE AND RETURN THE CD-ROM COMPLETE
WITH PACKAGING (IF APPLICABLE) TO YOUR SUPPLIER
WITHIN SEVEN (7) DAYS OF RECEIPT FOR A FULL REFUND.
USE OF ANY OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT
WILL BE TREATED AS YOUR CONSENT TO THE TERMS OF
THIS LICENSE. |
Definitions |
a. |
"EIS" means Eurofield Information Solutions Pty
Limited. |
b. |
"Software" means the computer program and related
documentation delivered with this Agreement. |
c. |
"Product" means the Software and the encoded data. |
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License |
EIS grants you a non-exclusive, non-transferable
license to:
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a. |
Use the Product on a single terminal based computer. |
b. |
Make copies of the Product for backup purposes
ONLY. Except as provided above, you must not copy
the Product in whole or in part and the copyright
notices, as they appear on the original, must be
included on any copy. |
c. |
You must not reproduce, publish, disclose, disassemble,
decompile or in any way attempt to reverse engineer
the whole or any part of the Product. |
d. |
You may not distribute, sublicense, rent or lease
any portion of the Product. |
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Copyright and proprietary rights |
a. |
The Product and any copies of the Product are
proprietary to and the property of EIS and its suppliers,
and title in the Product remains in EIS and its
suppliers. All applicable rights in copyrights,
trademarks, trade secrets and other intellectual
property rights in the Product regardless of its
type or form are and will remain in EIS and its
suppliers, and are protected by Australian, US and
international copyright laws. |
b. |
The license and your right to use the Product
terminate immediately if you violate any part of
this Agreement. In the event of termination you
must immediately destroy all copies of the Product
or return them to EIS or your supplier. |
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Limited warranty |
a. |
EIS warrants that the Software will perform substantially
in accordance with the broad specifications outlined
in the Help of the Product for a period of 90 days
from your receipt of the Product. Any written or
oral information given by EIS, EIS dealers, distributors
or agents will in no way increase the scope of this
warranty. |
b. |
If the Software fails to comply with the warranty
set out above, then EIS's entire liability and your
exclusive remedy will be limited to the cost of
replacing the Product or refunding to you the purchase
price of the Product, at the option of EIS. This
limited warranty applies for a period of ninety
(90) days from receipt by you of the Product. |
c. |
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIS DISCLAIMS
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE PRODUCT. |
d. |
In no event shall EIS be liable to you or any
third-party for any special, indirect, exemplary,
incidental or consequential damages, including any
lost profit or lost savings, even if EIS has been
advised, knows or should know of the possibility
of such damages. In no event will EIS's liability
based on any legal theory or cause of action exceed
the total amount paid to EIS by you. |
e. |
The warranties in this paragraph do not apply
where the substantial non-performance arises from
the nature or operation of the equipment on which
the Product is used or the use of any materials
or software not provided by EIS. |
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Termination |
You may terminate this Agreement by
destroying all copies of the Product or by returning
all copies to EIS or your supplier. |
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General |
a. |
You agree that this Software License Agreement
constitutes the entire agreement between you and
EIS relating to the license of the Software and
supersedes all prior Agreements concerning the subject
matter and may not be changed or terminated except
by a written communication. |
b. |
EIS is not bound by any provisions of any purchase
order, receipt, acceptance, confirmation, correspondence
or otherwise unless EIS agrees to the provision
in writing. |
c. |
This Agreement shall be governed by the laws of
the State of NSW, Australia and the parties agree
to submit to the jurisdiction of the courts of that
State. |
d. |
Failure of neglect by either party to enforce
at any time any of the provisions of this Agreement
will not be construed or deemed to be a waiver of
that party's rights under this Agreement. |
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