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SELENICS PTY LTD 2006
END-USER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY. IF YOU DO NOT
AGREE WITH ANY PART OF THIS AGREEMENT DO NOT LOAD THE SOFTWARE ON YOUR
COMPUTER/SERVER. IF YOU LOAD THE SOFTWARE, THIS IS TAKEN TO MEAN THAT
YOU AGREE WITH ALL ITEMS IN THIS AGREEMENT.
This is the Software License Agreement ("SLA") between Selenics Pty
Ltd, ACN 116 669 768, ("The Licensor") and The Licensee ("You") for
the right to use the product known as Bayesweep (the "Software").
SOFTWARE LICENSE
1. The Licensor is an Australian legal entity.
2. The Licensor, as creator of an original intellectual work or
product, is the sole Owner of the Software and, under the Copyright
Act 1968 (as amended) (Cth), has exclusive rights to publish and
reproduce the Software, to assign, lease or licence others to use
or deal with the Software, and/or to restrict any person or legal
entity from using or dealing with the Software.
3. Under existing arrangements to protect the intellectual products of
creators within Australia, which do not include any form or scheme
of registration, and under reciprocal international treaties, these
exclusive rights are automatically protected and shall continue to
be protected within Australia and worldwide for at least fifty
years from the moment this intellectual product was made available
to the public.
4. This is a one-time, non-exclusive, non-transferable licence to use
the Software.
5. The Licensor grants to You the right to install under Licence one
(1) copy of the Software on a computer for the use of one sole user
at any one time. The Software is licensed, not sold.
6. The Software is protected by intellectual property laws of
Australia and current applicable international treaties.
7. The Licensor grants to You the right to make copies of the Software
for use as backup copies of the Software in service and maintenance
and restoration of the computer system and/or network server and
for no other purpose.
8. If this Software contains documentation that is provided in the
form of a book or printed material, You may print one copy of such
printed documentation as is needed for each of the licensed users
of the Software on Your computer system or network (implied by
Clause 5 above) for use by the users in training in and operation
of the Software and for no other purpose.
9. If this Software contains documentation that is provided only in
electronic form, You may make this electronic documentation
available on the network upon which the Software is installed and
active or may print one copy of such electronic documentation for
each of the licensed users of the Software on Your computer system
or network (implied by Clause 5 above) for use by the users in
training in and operation of the Software and for no other purpose.
10. All title and intellectual property rights in and to the Software
and any and all accompanying electronic and/or printed materials,
and any copies of the Software are owned by and shall remain with
the Licensor.
11. All rights not specifically granted under this SLA are reserved by
the Licensor.
12. You may not edit or modify the Software in any manner whatsoever
without the express, signed, written agreement of the Licensor.
13. You may not market, distribute, sublicense, lease, or rent the
Software to a third party without the express, signed, written
agreement of the Licensor.
14. You may not use the Software in connection with any purpose or in
connection with any Internet site that is likely to:
a) infringe any intellectual property rights of the Licensor or any
other third party; or
b) violate any applicable law of the Commonwealth of Australia or any
State or Territory of Australia.
15. Without prejudice to any other rights, the Licensor may terminate
this SLA if You fail to comply with the terms and conditions of
this SLA and, in the event that this occurs, You agree to
immediately remove the Software from Your computer or server or
network or web site. In such event, You must destroy all copies of
the Software and all of its related documentation and component
parts.
16. If You have acquired this Software Licence in Australia, this SLA
is governed by the Copyright Act 1968 (as amended) (Cth), any
current relevant laws of the Commonwealth of Australia, any
applicable international treaties entered into and agreed upon by
the Commonwealth of Australia, and any applicable laws and
regulations of the State of Queensland. You must agree to submit to
the jurisdictions of the courts of Queensland.
LIMITED WARRANTY
17. Subject to clause 20, the Licensor warrants that the Software will
perform substantially in accordance with the accompanying
documentation for a period of 90 days from the date You install the
Software on Your computer or server.
18. To the extent permitted by any laws of the Commonwealth of
Australia or any relevant laws or regulations of the State of
Queensland, the Licensor makes no warranties with respect to the
Software and all other terms, conditions, warranties, undertakings
or inducements, whether express or implied, are hereby expressly
excluded.
19. In the event that any conditions or warranties are implied by the
Trade Practices Act 1974 (as amended) ("The Act"), the entire
liability of the Licensor for breach of any such conditions or
warranties (other than a condition or warranty implied by s.69 of
the Act) and the exclusive remedy to You shall be limited to, at
the Licensor's choice, either (a) the replacement of the Software
or the supply of an equivalent product, (b) the repair of the
Software. Any replacement or repaired Software will be warranted
from the moment of replacement or repair for the unused remainder
of the original warranty period or 30 days, whichever is longer.
20. This limited warranty is void to the extent that failure of the
Software results from modification, accident, abuse or
misapplication or any failure by You to observe obligations under
Clauses 12, 13 and/or 14 of this Agreement.
Please review the license before downloading the free trial. The
trial is limited to 3 categories only. A separate unlocking code can
be purchased to increase the number of categories when
you are ready.