End user agreement for Smart Diary Suite
Software License Agreement
Smart Diary(tm) Suite for Windows 2000, Windows XP, Windows 2003, and Windows Vista
Copyright © 1997-2009 and published by Programming Sunrise - All Rights Reserved
NOTICE TO ALL USERS
Carefully read the following legal agreement ("Agreement"), which sets forth license terms for Smart Diary Suite software. BY INSTALLING SMART DIARY SUITE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. If someone else uses a copy of Smart Diary Suite installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement.
This is a contract between you and Programming Sunrise. By opening the software package, installing or using the software, you accept all the terms and conditions outlined in this Agreement. If you do not agree to the terms and conditions of this Agreement, you will not be able to use the software.
This Software License Agreement sets forth the terms and conditions under which you are licensed to use the software Smart Diary (tm) Suite from Programming Sunrise. This is a license agreement and not an agreement for sale. Programming Sunrise continues to own the software and the physical media contained in the sale package and any other copy that you are authorized to make in compliance with this Agreement.
Software refers to all of the contents of the disks, CD-ROMs or other media with which this agreement is provided; digital images, stock photographs, clip art, icons, graphics, animations, video, audio, music, text or other artistic works; related explanatory materials ("documentation"); and upgrades, modified versions, updates, additions, and copies of the software, if any, licensed to you by Programming Sunrise.
Programming Sunrise grants you a non-exclusive license to use the software, provided you agree to the following:
USE OF THE SOFTWARE
1.1 You may install the software to more than one computer or device (e.g. for backup purposes or for portable installations), but you may not use the software on more than one device simultaneously.
1.2 You may make any number of backup copies of the software.
The Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form. You may not modify, adapt, translate, rent sublicense, assign, lease, loan, resell for profit, distribute, or network the software, disk, or related materials or create derivative works based upon the software or any part thereof.
The software and any copies that you make are the intellectual property of and are owned by Programming Sunrise. The compilation and code of the software are the valuable trade secrets and confidential information of Programming Sunrise. The software is protected by Australian Law and applicable laws of the country in which it is being used.
You are forbidden to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software.
Trademarks shall only be used in accordance with accepted trademark practice. Trademarks can only be used to identify printed output produced by the software and such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not give you any Intellectual Property Rights in the software unless stated above.
Rights to this software are non-transferable.
If the software is an update to a previous version of software, you must possess a valid license to such previous software to use the update and you may use the previous version for thirty (30) days after you receive the update to assist you with transition to the update. After the thirty (30) days, you no longer have a license to use the previous version, except for the sole purpose of enabling you to install the update.
The sole warranty regarding the software and related materials is that the original disk or software downloaded from an approved internet site is free from physical defects in material and workmanship, assuming proper use, for a period of seven (7) days from the date of purchase. If such defect occurs during this period, you may return your faulty disk and receive a free replacement disk or you may download a new copy from an approved internet site.
Programming Sunrise does not warrant the performance or results you may obtain using Smart Diary (tm) Suite. Further, the suppliers make no warranties or conditions, expressed, implied, or statutory, as to any other matters including but not limited to non-infringement of third party rights and satisfactory quality for any particular purpose. In no event will the distributors or suppliers of Programming Sunrise be liable to you for any damages whatsoever (including consequential, indirect, incidental, punitive or special damages, including any lost profits or lost savings) even where a distributor or supplier has been advised of the possibility of such damages, or for any claim by any third party. Where liability cannot be legally excluded, but it may be limited, Programming Sunrise`s liability and that of its suppliers shall be limited to the amount paid for the software. Nothing contained in this agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this agreement limits the suppliers` liability to you in the event of death or personal injury resulting from Programming Sunrise`s negligence.
This agreement will be governed by and construed in accordance with the substantive laws of Australia whose courts shall have jurisdiction over all disputes relating to this agreement. If any part of this agreement is found void and unenforceable, it will not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Australia`s export laws, restrictions or regulations. This agreement will automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the software. This shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Programming Sunrise, although Programming Sunrise may vary the terms of this agreement in connection with the licensing of any Updates to you.
LIFE FACTOR PACKAGES
Life Factor packages are classified as "software".
Your use of the life factor packages indicates your acceptance of the terms of this License Agreement.
a) Your privacy is as important to us as it is to you. It is not the policy of Programming Sunrise to rent information about our users to third parties.
b) Feedback; Confidential Information; Privacy - Unless otherwise explicitly stated herein any non-personal information or material provided to Programming Sunrise will be deemed NOT to be confidential. By sending Programming Sunrise any non-personal information or material, you grant Programming Sunrise an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Programming Sunrise is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) you grant us permission to do so; (ii) we first notify you that the materials or other information you submit to a particular part of a site will be published.
c) Unless otherwise explicitly stated herein any personal information or material sent to Programming Sunrise will be deemed confidential and all reasonable care will be taken to ensure privacy and confidentiality. In all respects it is the provider of the personal information that is responsible for the safe keeping of secret data such as passwords issued by Programming Sunrise. The provision of appropriate secret information or passwords to Programming Sunrise will be deemed, in all instances, to be legitimate as stated. Programming Sunrise under no circumstances takes responsibility for misuse of shared information between members of families, friends or colleagues, whether past or present, in business or in private, with or without your expressed permission. Programming Sunrise deems all appropriate provision of secret information and passwords to Programming Sunrise as being accurate, legitimate, and representing the will of the person so represented. Programming Sunrise will act on this information responsibly and according to appropriate laws. IN NO EVENT SHALL PROGRAMMING SUNRISE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SECRET DATA OR PASSWORDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DISCLAIMER OF WARRANTY
SMART DIARY SUITE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL PROGRAMMING SUNRISE, OR THEIR SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF, OR INABILITY TO USE, SMART DIARY SUITE, EVEN IF PROGRAMMING SUNRISE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROGRAMMING SUNRISE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
HIGH RISK ACTIVITIES
SMART DIARY SUITE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF SMART DIARY SUITE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). PROGRAMMING SUNRISE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OR HIGH RISK ACTIVITIES.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
This is the entire agreement between Programming Sunrise and you relating to the software and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the software.
If you have any questions regarding this Agreement or if you wish to request any information from Programming Sunrise please write to:
PO Box 425
or e-mail to: