End user agreement for DeskTop Author
DESKTOPAUTHOR LICENCE AGREEMENT FOR A SINGLE USER
You have acquired a copy of DesktopAuthor (being the DesktopAuthor software, the Certificate Product Key and the installation instructions). The terms and conditions of use of DesktopAuthor are set out in the following agreement. You can not proceed past these terms and conditions of use unless you click on the "ACCEPT" button at the foot of them. By so doing, you will be taken to have agreed to them, in which case, you become an End User and you implicitly agree to all of the following terms:-
The copyright owner of the DesktopAuthor software, ("the Software") and the installation instructions is dnaml Pty Ltd ACN 095 281 173 ("dnaml") of Sydney, Australia. DesktopAuthor is a trade mark of dnaml.
This product contains Macromedia Flash™ Player software by Macromedia, Inc., Copyright © 1995-2003 Macromedia, Inc. All rights reserved. Macromedia and Flash are trademarks of Macromedia, Inc.
Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All Rights Reserved
Portions utilize Quicktime Technologies. Copyright © 2005 Apple Computer, Inc. All rights reserved
You do not own the Software, nor the installation instructions. Under copyright law, dnaml owns the Software and the literary work incorporated in the installation instructions. Copyright in the Software is protected worldwide under the Berne Convention and the Universal Copyright Convention. dnaml also owns all other title and intellectual property rights in and to the Software and the installation instructions. All title and intellectual property rights in and to the content which is not contained in the Software, or the installation instructions but may be accessed through the use of the Software is the product of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
dnaml hereby grants you the non-exclusive right to use the Software and the installation instructions for your personal use as long as you comply with the terms of this licence. You agree to make only one copy of the Software, solely for backup purposes. You may print one copy of the installation instructions.
You agree to install and use the Software on one computer only, so that at any time, the maximum number of computers that can be executing the Software is one. The Software may be installed only into a single computer. You agree to strictly follow the installation instructions, when installing the Software. You agree to register your acquired copy of the Software when called upon by a screen display to do so, and you agree to strictly follow the installation instructions in relation to registration and payment.
Third Party Software Components
This software incorporates Third Party Software components copyright © by their respective copyright owners. You shall in addition to the terms of this license, use this software strictly upon the terms and conditions of the software licenses applying to the Third Party Software. The copyright in the whole and every part of the Third Party Software belongs to those persons specified in the Help About dialog in the Software , and the Third Party Software shall not be used, copied or reproduced (in whole or any part) in any manner or form or in or on any media without the prior written consent of the owners of the Third Party Software, or as permitted in the software licenses applying to such Third Party Software.
For details see the Help About dialog in the Software and Software website.
You agree not to:-
(a) use the Software on more than one terminal or workstation of any network of computers or any Multi-user system. The maximum number of computers that can be executing the Software at any one time is one. You agree that each time you completely re-install MS Windows, you will need to re-register the Software, strictly in accordance with the installation instructions.
(b) use the Software on any time-sharing or interactive cable system. You may allow another person to use the Software on your computer, provided that person agrees so all of the terms of this licence.
Neither the Software, nor the installation instructions may be modified, adapted, translated, rented leased, loaned, sold, distributed or networked. You may not create derivative works of the Software nor the data in it. You agree to take all reasonable steps to safeguard the Software and the installation instructions and to ensure that no one else shall have unauthorised assess to them. Any unauthorised act or transfer is a serious crime, and may be punishable by fine or jail sentence. You may not reverse engineer, decompile or disassemble the Software.
Termination of Licence
This licence is effective from the day you pay for the Software, until terminated. You may terminate this licence at any time. Notwithstanding anything to the contrary herein, the licence rights granted herein are subject to your registering and paying for the Software, unless you register and pay for the Software, strictly in accordance with the installation instructions, and as a result of such registration and payment, your receiving a Product Unlocking Key, as described in the installation instructions. This licence is granted in perpetuity, but may be terminated if you are in breach of any of the terms of this agreement or become the subject of insolvency proceedings, or where you are a partnership, the partnership is dissolved. Upon termination, you will destroy all hard and soft copies of the installation instructions and all copies of the Software. All the provisions of this Agreement, which operate to protect the rights and interests of dnaml, shall continue after termination.
dnaml does not warrant that the Software is virus free, but does warrant that the Software will perform substantially in accordance with the performance description as set out in the installation instructions for a period of 90 days from the date of payment.
If any law implies terms into this agreement which cannot be excluded, then they apply, except the liability of dnaml for breach of such implied term will be limited at the exclusive option of dnaml to the replacement of DesktopAuthor or the payment of the costs of you replacing DesktopAuthor or acquiring equivalent goods. Except as specifically provided above, dnaml makes no warranty either express or implied with the respect to the Software, or the installation instructions.
dnaml is not liable for any indirect or consequential or special damages nor for loss of profits or revenue or business interruption arising out of the breach of the terms of this licence or arising out of defective Software.
You acknowledge that you have exercised your independent judgement in acquiring DesktopAuthor and have not relied on any representation not stated expressly herein.
This Agreement is governed by the laws of New South Wales, Australia.
All rights not specifically granted are reserved todnaml.