End user agreement for Project Monitor
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By installing the Project Monitor software (hereinafter "the Software" or "Software"), you are accepting the following Licence Agreement.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and Whistling Fish Software for the software product identified above, which may include user documentation provided in online or electronic form. By installing, copying, or otherwise using the SOFTWARE, 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.
1. GRANT OF LICENCE.
Whistling Fish Software grants to you as an individual or entity a non-exclusive Licence to make and use copies of the SOFTWARE in the manner provided below. The software is licensed, not sold.
(a) Evaluation License.
Whistling Fish Software grants to you as an individual, a personal, non-exclusive license to install the SOFTWARE for the sole purposes of evaluating the SOFTWARE. You may evaluate the SOFTWARE for a period of thirty (30) days. After this period, you shall either (i) delete the SOFTWARE and all related documentation from all computers onto which it was installed or copied, or (ii) purchase a registered license from Whistling Fish Software or one of its authorized suppliers to purchase the SOFTWARE. You may not under the terms of the evaluation license distribute any portion of the SOFTWARE or products generated using the SOFTWARE.
(b) Registered Licence.
After you have purchased the licence for the SOFTWARE, and have received a registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licences purchased and activate the SOFTWARE using the supplied registration code. The primary user of the computer on which each registered copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a second computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate licence fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make copies of the SOFTWARE for backup or archival purposes.
You must not redistribute the registration codes provided, neither on paper nor electronically.
You may not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it.
You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and registration codes and retain none, and the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, Whistling Fish Software 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. You may terminate this licence at any time by destroying the original and all copies of the SOFTWARE in whatever form.
The SOFTWARE is owned by Whistling Fish Software and is protected by Australian copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE (if any), nor print copies of any user documentation provided in on-line or electronic form.
6. LIMITED WARRANTY
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE AUTHOR or AUTHORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENCE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL WHISTLING FISH SOFTWARE OR ITS 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 THE SOFTWARE, EVEN IF WHISTLING FISH SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, WHISTLING FISH SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE LICENCE FEE PAID BY YOU.