End user agreement for Scroll Image
This agreement is between the purchaser of the software (the licensee) and Art Dept (nsw) Pty Ltd trading as Artistscope. By using this software, you are agreeing to become bound by the terms of this agreement.
1. As used in this Agreement, "Artistscope" shall mean Art Dept (nsw) Pty Ltd.
2. Artistscope, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the "Software") for unlimited use on the registered web site. Licensee may not assign or otherwise transfer the License to use the Software.
3. The software and accompanying documentation (including instructions for use) are provided as is and without warranty of any kind. Artistscope does not warrant, guarantee or make representation otherwise than in this Agreement. The licensee assumes the entire risk as to the results and performance of the software. No oral or written advice given by Artistscope, its distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on such advice.
4. Title, ownership rights, and intellectual property rights in the Software shall remain with Artistscope. The Licensee acknowledges that no ownership or intellectual property rights whatsoever shall vest in them by virtue of the use of this Software and/or registration pursuant to this Agreement. The Licensee also warrants that they will not participate in any action to jeopardize, limit or interfere in any manner with Artistscope services or rights with respect to the Software.
5. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Software without recourse. Artistscope reserves the right to deny or refuse any part of the Service.
6. This agreement is to be taken in whole including the statements as to the performance of the software, licence pricing and relevant limitations. The licensee agrees that in registering for a licence to use the Software that they are in agreement with all the terms of this Agreement.
7. The methods, logos, systems and documentation included in Artistscope systems are the Copyrighted and intellectual property of Art Dept (nsw) Pty Ltd and partners trading as Artistscope. By downloading, using, evaluating or studying these components, you the user, agree to and acknowledge these fundamental facts, and agree that you will in not act in any way, to contravene, interfere, discredit, copy, redistribute, re-engineer or in any way plagiarize any component of these systems.
8. The licensee acknowledges that an annual maintenance fee is applicable to the use of this licence and agrees to pay that fee when prompted and within the due period.
9. Once the site has been successfully registered and it is proved that the system does work on the intended server and does so according to the information supplied there is no liability for Artistscope to accept cancellation or refund a registration. Artistscope will refund the registration if the system does not function on the site's server.
10. The Licensee agrees not to use the software for any use not covered by the Licence type, in that this licence is not to be used for reselling in a hosting arrangement such as those provided by ISPs and other web hosting services.
11. Licensee agrees not publish or make available for publication or review to any third party, any documentation or disclosure of the systems workings, requirements or otherwise that can in any way be considered to jeopardize the security or the reputation of the system, Artistscope and other licensed users.
12. Licensee agrees to use the software according to the guidelines as outlined by Artistscope, ensure that the software is updated as soon as upgrades are made available, and to not restrict access to their server/web site so that the Artistscope registration servers can function as designed.
ARTISTSCOPE DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL ARTISTSCOPE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.