THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY PURCHASING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM, BETWEEN YOU AND PaperCut Software International Pty Ltd (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
License Grant. Licensor hereby grants to you, and you accept, a nonexclusive licence for the Evaluation Term and Term to use the Program in machine-readable, object code form only, for use only as authorised in this Licence Agreement. The Programs may be used only on computers owned, leased or otherwise controlled by you. The Program shall only manage the number of user accounts specified in the purchase agreement. You agree that you may not reverse assemble, reverse compile, reverse engineer, or otherwise translate the Program.
Term (Evaluation Version Only). This Licence commences upon the installation of the Program and is initially effective for 40 days following the date you install the Program (the "Evaluation Term"). After the expiry of the Evaluation Term you shall have the right to use the Program on a perpetual basis for the purpose specified in clause 1 (the "Term") as long as you continue to pay all applicable licence fees. This Licence terminates automatically without notice from Licensor upon the expiration of the Evaluation Term or if you fail to comply with any provision of this Licence including but not limited to non payment of licence fees when they are due. Upon termination you shall remove the Program from your computer(s).
Updates.
You acknowledge and agree to allow the Program versioning and licence details to be sent to Licensor when you request to "check for updates". This allows the Program to determine whether software updates are available in real time.
Licensor is under no obligation under this Licence Agreement to provide updates or new releases of the Program.
Where an update or new release is provided pursuant to clause 3.1:
Licensor will make the new release available to you at a rate determined by the Licensor's public upgrade policy;
this Licence Agreement will continue to apply in all respects to the update or new release which shall be deemed to be the licensed program for the purposes of this Licence Agreement; and
you shall, as far as possible, stop using any prior or old versions of the Program.
Without limiting your obligations under this clause 3 and notwithstanding any other provision of this Licence Agreement, Licensor shall be under no liability to you in the event of loss or damage suffered by you as a result of Licensor's failure to comply with this clause 3, and you shall indemnify Licensor in respect of any loss or damage suffered by Licensor as a result of your failure to comply with this clause.
Licensor's Rights. You acknowledge and agree that the Program is proprietary to Licensor and protected under copyright law. You further acknowledge and agree that all rights, titles, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. The Licence Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this Licence Agreement.
No Warranty; Limitation of Liability.
You acknowledge that the Program is provided on an "as is" basis without warranty of any kind. Licensor makes no representations or warranties regarding the use or performance of the Program. Licensor expressly disclaims the warranties of merchantability and fitness for a particular purpose.
Where local law or legislation implies in this Licence Agreement any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such contract or warranty, the condition or warranty shall be deemed to be included in this Licence Agreement. However, the liability of Licensor for any breach of such condition or warranty shall be limited, at the option of Licensor to one or more of the following:
if the breach relates 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 supply of the services again; or
the payment of the cost of having the services supplied again.
Licensor shall have no liability to customer or any third party for any loss or damage caused, directly or indirectly, by the Program, including, but not limited to, any interruption of services, loss of business, loss of data or special, consequential or incidental damages.
Licensee shall at all times indemnify and hold harmless Licensor and its officers, employees and agents ("Those Indemnified") from and against all loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of Those Indemnified arising from any proceedings against Those Indemnified where such loss or liability was caused by:
a breach by Licensee of its obligations under this Licence Agreement; or
any wilful, unlawful or negligent act or omission of Licensee.
Severability. Should any term of this Licence Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.
No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
© Copyright 1999-2010. PaperCut Software International Pty Ltd. All rights reserved.