From Headus Docs

Revision as of 10:03, 2 February 2007

Sample Only

This is a Licensing Agreement between you, the end user of Software, and headus (metamorphosis) Pty Ltd (hereinafter "HEADUS"). Please read this document carefully! BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

HEADUS and its suppliers own all intellectual property in the Software. The Software is licensed, not sold. HEADUS permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED COPYING. THE ACTIVATION TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION.

1. Grant. HEADUS, subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software by HEADUS for as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of the licensing fee paid based on the then-current price list of HEADUS. The software may include functionality that will render it inoperational upon expiration of your license.

2. Copyright. The software specified in this Licensing Agreement is and will be the sole property of HEADUS. It is subject to copyright and as such is protected to the fullest extent allowable by law.

3. Use Limitations. You may not use the software in any way which threatens or violates the owner's copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the software.

4. Transferability. This license is granted to you only and as such does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the software. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the licensing fee paid.

5. Multiple License Installation. Each installation of the software purchased may be installed on only one computer. When purchasing a multiple license, the number of installations allowed is defined on the type of the license.

6. Limited Warranty. HEADUS guarantees that the software will correspond in general terms to the description given in the user documentation for 60 days from the date the product was purchased. HEADUS does not warrant that the software will operate without interruptions or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 60-day warranty period, the liability of HEADUS is limited to replacing the product or refunding you the licensing fee paid.

7. Limitation of Liability. In no event shall HEADUS neither HEADUS's partner be liable for any consequential or special damages or lost profits, including, without limitation, consequential or special damages for work stoppage or loss of work product data caused by the use or inability to use this software, even if HEADUS has been advised of the possibility or such damages or losses. By signing this Agreement, you agree that HEADUS's liability for damages caused by the use or inability to use this software is governed by the laws of Western Australia, Australia. In case you suffer any damages for which HEADUS is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the license fee paid for the software will be assessed by you. This fine is inclusive of any and all compensation for damages caused. The software is not designed for high-risk applications including situations where the failure of such software would threaten lives or cause extensive material damages. Such applications include operating parts of nuclear power plants, weapon systems, equipment designed for sustaining people's basic bodily functions, etc.

8. Responsibility for Software Updates. In order to ensure that the software functions properly, HEADUS publishes updates to this software on its web pages. These updates improve the workings of the software and remove known bugs. The user is responsible for proper configuration of the software updating process to provide for the highest possible level of functional reliability.

9. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of Western Australia and any dispute arising hereunder shall be resolved in accordance with the law of the State of Western Australia. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Western Australia, Perth, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of using the Software is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between HEADUS and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written (including inconsistent statements in written materials and online help accompanying the Software), and any other communications between HEADUS and you.