This document is a legal agreement between you, the end user of the Product, ("the Licensee") and GreyPower Technologies Pty Ltd (ACN 090 569 029) of 28 Bronzewing Avenue, Ellenbrook, WA 6069 ("the Licensor"). By using the Software, you are agreeing to the terms of this Agreement which include the licence and limited warranty. The product specified in the attached Licence Registration Card ("the Product") supplied by the Licensor is licensed to the original customer and any transferee of the Product for use only on the terms set out in this Licence Agreement. Please read this Licence Agreement.
GRANT OF LICENCE: The product supplied by the Licensor includes as part of this purchase price a licence fee. In consideration of payment of this licence fee the Licensor grants a non-exclusive licence to the Company, Person or Business named on the Licence Registration Card, which is included with the Product and which must be completed and returned to the Licensor. The Licensor grants to the Licensee the right to use the software included with the Product ("the Software") on a single machine at a single location. If you desire to use the software on more than one computer, a copy must be purchased for each machine on which the software is to be used. The Licensee accepts responsibility for the acts and defaults of all persons using the Product. If any upgrade to the software is accepted by the Licensee, it shall become the Software for all purposes of this Licence Agreement.
COPYRIGHT: The Software and any copies which may be made of it (in any form on any media) is owned and remains the property of GreyPower Technologies Pty Ltd and is protected by Australian copyright laws and international treaty provisions. All intellectual property rights, including copyrights in the Product belong to the Licensor. An authorised assignee will be bound by the terms of this Licence Agreement as if it were the original Licensee. The Licensee may not sub-license, rent, sell or resell the Product in any way in whole or in part, either temporarily or permanently, except as expressly authorised in writing by the Licensor. Any attempt otherwise to sub-license, assign or transfer any of the rights, duties or obligations will result in the Licence being terminated.
COPIES: The Licensee may copy the Software onto the hard disk of a single user machine and make one copy of the Software for back-up or archival purposes only provided that all copyright and proprietary notices that are on the original copy are reproduced on the copy. The Software may not be transferred via any media other than those on which its use is licensed. It may not therefore be transmitted over telecommunication lines. The Product, or any unauthorised copy, modification or merged portion, may not be used, copies, modified,
disassembled or transferred, in whole or in part, except as expressly authorised in writing by the Licensor. Any breach of these copying conditions will result in the Licence being terminated.
TERM OF LICENCE: The Licence shall remain in effect for 12 Months from the date of purchase and 12 Months from the date each subsequent renewal date. The Licensee may terminate the License at any time by destroying all copies, modifications or merged portions of the program. The Licence will terminate upon conditions set out in other parts of this Licence Agreement or if the Licensee fails to comply with any term or condition of this Licence Agreement. Upon such termination the Licensee agrees to destroy the program, any and all copies, modifications or merged portions in any form.
LIMITED WARRANTIES: Subject to the terms and conditions of the Distribution Agreement, if any parts of the Product are found to be physically defective within ninety (90) days of purchase, the Licensor will replace them free of charge upon their return provided that the Licensee has completed and returned the Licence Registration Card to the Licensor. The Product is provided on an "as is" basis and liability of any kind whatsoever in relation to the product of the Licensor, owner, designer, developer and/or supplier of the Product which is not expressly stated in this Agreement is hereby excluded. In particular but without limitation the Licensor does not warrant that the Software is error free, or that is meets the particular requirements, or will work in conjunction with, any third party software or hardware configuration. The Licensor, owner, designer, developer and/or supplier of the Product is not liable for any consequential, incidental, special or exemplary damages, or damages for loss of business, goodwill or profits, even if made aware of the possibility of any such losses. The Licensor's liability shall not exceed the original purchase price of the Product.
GENERAL PROVISIONS: This Licence Agreement shall be governed by and construed in all respects in accordance with the laws of Western Australia. For the purposes of this Licence Agreement and where the context so admits the phrase "the Product" will be taken to include all the Software, documentation, packaging, disks, security key and other materials that are normally provided as part of the product supplied by the Licensor. This Licence Agreement constitutes the entire agreement between the parties relating to its subject matter, and supersedes any previous agreement between the parties relating to that matter. The Licensor does not accept any variation of its terms, including any purported to be made by any purchase order or other document put forward by the Licensee. The Licensee acknowledges that it has entered into this Licence Agreement on the basis of, and does not rely on, any representation, warranty or other provision
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