End user agreement for mISV Download Tracker
David Glen Harvy and Aquarius Communications
INTERNATIONAL LICENCE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY
This is a legal agreement between you, the Licensee and David Glen Harvy, of Airlie Beach Queensland, Australia. BY SELECTING THE “AGREE” OPTION AT THE BOTTOM OF THIS PAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, SELECT THE “DO NOT AGREE” OPTION AT THE BOTTOM OF THIS PAGE AND REMOVE THE SOFTWARE FROM YOUR COMPUTER.
GRANT OF LICENCE
This Licence Agreement ("LICENCE") permits you ("LICENSEE") referred to in this LICENCE a non-transferable, non-exclusive licence to use “mISV Download Tracker” software product ("SOFTWARE") subject to the terms and conditions detailed below ("CONDITIONS").
1. COPYRIGHT: The SOFTWARE is owned by David Glen Harvy and is protected by copyright laws, international treaty provisions, and all applicable national laws. The LICENSEE may make two copies of the SOFTWARE solely for backup purposes, and may transfer the SOFTWARE to a single hard disk. The LICENSEE may not copy or publish the manuals or other written materials, which accompany the SOFTWARE. The LICENSEE shall not reverse engineer, decompile or disassemble the SOFTWARE.
The LICENSEE shall take all reasonable steps necessary to ensure that the SOFTWARE programs or any portion thereof, on CD, diskette or in any other form, are not made available by the Licensee or by any of its employees to any organisations or individuals not licenced by this Agreement to make use thereof.
This LICENCE is personal to the LICENSEE and shall not be sold or sub-licenced or assigned to other parties by the LICENSEE.
4. David Glen Harvy warrants that the SOFTWARE will perform substantially in accordance with the SOFTWARE documentation for a period of ninety (90) days from the date of purchase. Any implied warranties on the SOFTWARE are limited to ninety (90) days.
5. To the full extent permitted by the Commonwealth, State, Territory or other laws applicable to this Agreement, any condition or warranties imposed by such legislation are hereby excluded. Insofar as liability under or persuant to any legislation, whether of Commonwealth, State, Territory or other government, may not be excluded, such liability is limited to:
(i) replacement of the SOFTWARE; or,
(ii) correction of the defects in the SOFTWARE at the exclusive option of David Glen Harvy.
6. The LICENSEE acknowledges that no promise, representation or warranty or undertaking has been made or given by David Glen Harvy or any Authorised Vendor on its behalf in relation to the suitability of or any other consequences or benefits to be obtained from the use of the SOFTWARE and accompanying manuals. The LICENSEE has relied upon its skill and judgement in deciding to acquire the SOFTWARE for its own use.
7. Except as and to the extent that is hereinbefore provided, under no circumstances shall David Glen Harvy or any related company be liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential, or incidental loss, damage or injury) arising from the supply or use of the SOFTWARE and any written material or any failure by David Glen Harvy or any related company to perform any obligation or observe any terms of this Agreement.
8. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the parties in respect of the supply of the SOFTWARE. This Agreement supersedes all prior representations, warranties, agreements, understandings, negotiations and discussions whether oral or written, express or implied, collateral or otherwise, by or between the parties pertaining to the subject matter of this Agreement.
9. JURISDICTION: This Agreement is governed by the laws of the State of Queensland, Australia and the parties hereto irrevocably submit to the exclusive jurisdiction of the Courts of Queensland.