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END-USER LICENCE AGREEMENT FOR ADAMAS SOFTWARE TRACCS
IMPORTANT-READ CAREFULLY: This Adamas Corporate Solutions End-User License
Agreement ("EULA") is a legal agreement between you (either an individual or a
single entity) and Adamas Corporate Solutions for the Adamas Corporate Solutions
software product identified above, which includes computer software and may
include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using
the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT;
you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
- GRANT OF LICENSE. This EULA grants you the following rights
Applications Software. The Initial Licence allows the use of TRACCS
Application Software on a single computer only. The software will allow you
to set up multiple users but access is limited to one user at any one time.
Additional copies of the program may be installed on multiple computers,
however concurrent access is limited by the number of User Licences
purchased.
Full User Licence. This allows use of Application Software on a
single computer only.
Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server, used only to
install or run the SOFTWARE PRODUCT on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate
computer on which the SOFTWARE PRODUCT is installed or run from the storage
device. A license for the SOFTWARE PRODUCT may not be shared or used
concurrently on different computers.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale
Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR",
then, notwithstanding other sections of this EULA, you may not resell, or
otherwise transfer for value, the SOFTWARE PRODUCT.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on more
than one computer.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services. Adamas Corporate Solutions may provide you with
support services related to the SOFTWARE PRODUCT ("Support Services"). Use
of Support Services is governed by the Adamas Corporate Solutions policies
and programs described in the user manual, in "online" documentation, and/or
in other Adamas Corporate Solutions Pty Ltd-provided materials. Any
supplemental software code provided to you as part of the Support Services
shall be considered part of the SOFTWARE PRODUCT and subject to the terms
and conditions of this EULA. With respect to technical information you
provide to Adamas Corporate Solutions as part of the Support Services,
Adamas Corporate Solutions may use such information for its business
purposes, including for product support and development. Adamas Corporate
Solutions will not utilize such technical information in a form that
personally identifies you.
Software Transfer. You may permanently transfer all of your rights
under this EULA, provided you retain no copies, you transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable, the Certificate of
Authenticity), and the recipient agrees to the terms of this EULA. If the
SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions
of the SOFTWARE PRODUCT. Adamas Corporate Solutions retains the right to
charge a fee for the updating of information on their internal systems.
This fee may vary from time to time without notice.
Termination. Without prejudice to any other rights, Adamas
Corporate Solutions may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
- COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT),
the accompanying printed materials, and any copies of the SOFTWARE PRODUCT
are owned by Adamas Corporate Solutions or its suppliers. The SOFTWARE
PRODUCT is protected by copyright laws and international treaty provisions.
You must therefore treat the SOFTWARE PRODUCT like any other copyrighted
material except that you may install the SOFTWARE PRODUCT on a single
computer provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying the SOFTWARE
PRODUCT.
DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than
one medium. Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for your single computer. You may
not loan, rent, lease, or otherwise transfer the other medium to another
user, except as part of the permanent transfer (as provided above) of the
SOFTWARE PRODUCT.
- MISCELLANEOUS
This EULA is governed by the laws of the State of WA.
Should you have any questions concerning this EULA, or if you desire to
contact Adamas Corporate Solutions for any reason, please contact Adamas
Corporate Solutions on (08) 92719192, or write: Adamas Corporate Solutions
Sales Information, P.O. Box 42, MAYLANDS WA 6931
- LIMITED WARRANTY
Adamas Corporate Solutions warrants that (a) the SOFTWARE PRODUCT will
perform substantially in accordance with the accompanying written materials
for a period of ninety (90) days from the date of receipt, and (b) any
Support Services provided by Adamas Corporate Solutions shall be
substantially as described in applicable written materials provided to you
by Adamas Corporate Solutions Pty Ltd, and Adamas Corporate Solutions
support consultants will make commercially reasonable efforts to solve any
problem issues. Some states and jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to
you. To the extent allowed by applicable law, implied warranties on the
SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Adamas Corporate Solutions and its suppliers'
entire liability and your exclusive remedy shall be, at Adamas Corporate
Solutions option, either (a) return of the price paid, if any, or (b) repair
or replacement of the SOFTWARE PRODUCT that does not meet Adamas Corporate
Solutions Limited Warranty and which is returned to Adamas Corporate
Solutions with a copy of your receipt. This Limited Warranty is void if
failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication, virus, hardware or windows failure. Any replacement SOFTWARE
PRODUCT will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
ADAMAS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL ADAMAS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADAMAS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ADAMAS ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR A$5.00;
PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A ADAMAS SUPPORT UPDATE
AGREEMENT, ADAMAS ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
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