End user agreement for Rapid-Pi
Rapid-Pi End-User License Agreement
You should carefully read the following terms and conditions before installing or using Rapid-Pi software. Permission to use Rapid-Pi is conditional upon you agreeing to the terms and conditions set out below. Your use of Rapid-Pi will be deemed to be your acceptance of the terms of this License Agreement.
1.1. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Trident Software Pty Ltd (ABN 73 092 435 231). This EULA governs the Rapid-Pi software ("Rapid-Pi"), which includes the computer software, documentation and any accompanying files or materials.
1.2. The EULA also applies to any additional software or materials (such as updates) that Trident Software Pty Ltd may choose to make available to you, unless a different agreement is provided for such additional software or materials.
2.1. The Copyright in Rapid-Pi is owned by Trident Software Pty Ltd. Subject to the terms of this EULA, you are granted a non-exclusive right to use Rapid-Pi as follows:
(a) Evaluation License Use: You are licensed to use Rapid-Pi for evaluation purposes without charge for a period of up to 60 days from the date you first install Rapid-Pi. If you use Rapid-Pi after the 60-day evaluation period, you are required to obtain a Full License. Any use of Rapid-Pi after the 60-day evaluation period without a Full License is a violation of Australian and International copyright laws; or
(b) Full License Use: If you have been issued a Full License by Trident Software Pty Ltd, you are licensed to install and use Rapid-Pi subject to the additional conditions published on the Rapid-Pi License Conditions Page, as current on the date on which your Full License is issued. The Rapid-Pi License Conditions Page can be accessed by visiting:
3. REGISTRATION INFORMATION
3.1. When issuing you the Full License, Trident Software Pty Ltd may provide you with registration numbers, product keys, access codes, license files or any other materials or information ("Registration Information") that will enable you to remove the limitations present in the evaluation version of Rapid-Pi and use Rapid-Pi in Full License mode.
3.2. You must not disclose the Registration Information to any person who is not authorized to use Rapid-Pi under your Full License. You must take all reasonable steps to keep the Registration Information secure and to prevent unauthorized persons from gaining access to the Registration Information.
3.3. You must not use any Registration Information that was not obtained directly from Trident Software Pty Ltd or its authorized resellers and distributors together with a Full License.
4.1. The Rapid-Pi installation file / setup program, as provided by Trident Software Pty Ltd, may be distributed freely as long as no fee is charged. No other file or files which form part of Rapid-Pi may be distributed without the prior written permission of Trident Software Pty Ltd. Rapid-Pi may not be distributed for a fee without the prior written permission of Trident Software Pty Ltd.
5. YOUR OBLIGATIONS:
5.1. You must not adapt, vary, modify, decompile, disassemble, reverse-engineer create derivative works of, sub-license, rent or lease Rapid-Pi any way, including, but not limited to changing or removing this End User License Agreement and any copyright notices, messages or windows.
6. DISCOUNT ELIGIBILITY:
6.1. Trident Software Pty Ltd may, from time to time, offer discounts on the prices of Rapid-Pi Full Licenses and may make these discounts conditional upon the purchaser satisfying discount eligibility criteria published on the Rapid-Pi License Conditions Page.
6.2. By purchasing a Rapid-Pi Full License under a discount that has eligibility criteria, you warrant and represent to Trident Software Pty Ltd that you satisfy the eligibility criteria at the time of purchase.
6.3. If you purchase a Rapid-Pi Full License under a discount but do not satisfy the eligibility criteria of that discount, Trident Software Pty Ltd may terminate your license under this EULA and refund the purchase price that you paid, minus an administration fee which shall not exceed the greater of:
a) $10 US Dollars or
b) 7% of the purchase price
7. REVOKED PAYMENTS
7.1. You must not revoke, reverse, void, dishonour or charge back any payment you make to Trident Software Pty Ltd (or its authorized payment processors, distributors and resellers) when purchasing a Rapid-Pi Full License without express prior permission from Trident Software Pty Ltd.
7.2. Where Cl 7.1 has been breached, you must, upon request, pay Trident Software Pty Ltd an administration fee in the amount specified by Trident Software Pty Ltd but not exceeding the greater of:
a) $30 US Dollars or
b) 7% of the purchase price
8.1. Trident Software Pty Ltd may from time to time make available support services and other assistance in relation to Rapid-Pi. However, Trident Software Pty Ltd reserves the right to cease offering this service to all users or a particular user or a group of users at any time.
9.1. Other than that set out under Support and Limited Warranty, nothing in this agreement imposes an obligation on Trident Software Pty Ltd to rectify any software or documentation errors in Rapid-Pi or to provide you with any corrections, modifications, enhancements or other form of upgrades in relation to Rapid-Pi.
10. LIMITED WARRANTY:
10.1. Rapid-Pi and any documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement. However, the liability of Trident Software Pty Ltd for any breach of such term shall if permitted by that legislation be limited, at Trident Software Pty Ltd’s option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.
10.2. LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, TRIDENT SOFTWARE PTY LTD SHALL NOT BE UNDER ANY LIABILITY (CONTRACTUAL, TORTIOUS OR OTHERWISE) TO YOU (OTHER THAN THE LIMITED WARRANTY) IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL LOSS OR DAMAGE BUT EXCLUDING PERSONAL INJURY) HOWSOEVER CAUSED, WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN RESPECT TO THE SUPPLY OF GOODS OR SERVICES PURSUANT TO THIS LICENSE OR THE ACT, FAILURE OR OMISSION OF TRIDENT SOFTWARE PTY LTD.
11.1. This EULA commences upon:
a) the first use of Rapid-Pi or
b) the purchase of a Rapid-Pi Full License
whichever comes first and continues until terminated.
11.2. This EULA may be terminated without notice in the following circumstances:
a) if you breach any term of this agreement; or
b) if your license fee payment is reversed, voided, charged back or refunded; or
c) if you become the subject of insolvency proceedings; or
d) if you, being firm or partnership, are dissolved; or
e) if you destroy PowerZip and documentation for any reason.
11.3. Upon termination, you or your representative shall destroy any remaining copies of Rapid-Pi, documentation and Registration Information or otherwise return or dispose of such material in the manner directed by Trident Software Pty Ltd.
11.4. Termination pursuant to this clause shall not affect any rights or remedies, which Trident Software Pty Ltd may have otherwise under this EULA or at law.
12.1. You may not transfer your rights and obligations under this license to another party without the express prior authorization from Trident Software Pty Ltd.
13. EXPORT RESTRICTIONS:
13.1. Rapid-Pi is subject to export restrictions of the United States and Australia. If you are:
a) in a country to which export from the United States or Australia is restricted or a national of such country (regardless of where you are located), or
b) in a country to which the United States or Australia has embargoed or restricted the export of goods or services, or a national of such country (regardless of where you are located), or
c) a person or entity who has been prohibited from participating in export transactions from US or Australia by any relevant government agency
then you must not install, download, access or use Rapid-Pi.
13.2. By accepting this agreement, you warrant and represent to Trident Software Pty. Ltd. that you do not match the criteria set forth in either (a), (b) or (c) above and that you will not export or re-export Rapid-Pi to any country, person or entity that matches the criteria set forth in either (a), (b) or (c).
14.1. Failure or neglect by Trident Software Pty Ltd to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Trident Software Pty Ltd’s rights under this EULA.
15.1. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.
16. ENTIRE AGREEMENT:
16.1. This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.
17. GOVERNING LAW:
17.1. This agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
Copyright (C) 2004-2009 Trident Software Pty Ltd. All rights reserved.