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IMPORTANT - PLEASE READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and the copyright owner, Ausgen Family History Services ("Ausgen") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
If you do not agree to the terms of this Agreement, decline where indicated, and do not download, install, copy or otherwise use the Software.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
If you have purchased a Product Key ("License") for the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software and Key to the place from which you obtained it for a full refund.
If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in this License Agreement will refer to such entity.
TERMS AND CONDITIONS
1. GRANT OF LICENSE.
The Software is "in use" when it is loaded in temporary or permanent memory of the computer.
You may use the Software only on a single computer or workstation. If you have acquired multiple Single User Licenses, you may copy and install the Software once for each License you have acquired. You may store the Software on a network server(s), provided you acquire and dedicate a License for each computer that accesses the Software.
2. FOR THE EVALUATION VERSION:
i. USE. If you have acquired the Evaluation version of the Software, you may install and use the Software solely for evaluation and test purposes for the duration of the license provided with the Software. You may not attempt to increase the functionality of the Software in any manner or extend the limit of the evaluation version.
ii. DISTRIBUTION RIGHTS. The copyright owner grants you a royalty-free license to copy and distribute the evaluation version of the software and documentation in its unmodified form electronically or on physical media means, provided that you comply with all provisions of this Agreement.
iii. You are specifically prohibited from (1) charging or requesting donations for any copies or (2) distributing the software or documentation in conjunction with any other products (commercial or otherwise) for which a fee is charged without prior written permission from the copyright owner.
The Software is licensed to you, not sold. This Software is owned by Ausgen and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you beyond the evaluation period may not exceed the number of Licenses paid for by you except that you may make and keep one copy of the Software solely for backup or archival purposes, in which case you must include all applicable copyright notices and other proprietary rights legends that come with the Software.
4. LICENSE RESTRICTIONS.
Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, localize, create derivative works of, market, distribute, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is permitted by applicable laws.
5. LIMITS ON USE.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may permanently transfer all of your rights under this Agreement, as long as: (i) you retain no copies, (ii) you transfer all of the Software (including all accompanying materials, and all prior versions), and (iii) the recipient agrees to the terms of this Agreement.
You are required to register the Software with Ausgen and obtain a License key should you intend to use the software beyond the evaluation period. All information provided by you during registration may be used by Ausgen for notification related the software. At any time you may opt out of certain uses of such information by written notification to Ausgen.
4. LIMITED WARRANTY
a. Software provided under this License Agreement, including but not limited to executables are provided "as is," without warranty of any kind except as expressly provided in this paragraph. Ausgen warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
b. Ausgen and its suppliers' entire liability and your exclusive remedy shall be, at Ausgens option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Ausgens Limited Warranty and which is returned to Ausgen with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CONTACTED AUSGEN SUPPORT AND OBTAINED A RETURN AUTHORISATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Ausgen are available without proof of purchase from an authorised source.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSGEN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AUSGEN DOES NOT WARRANT THAT THE AUSGEN SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE AUSGEN SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUSGEN OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AUSGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AUSGEN'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR AUD $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A AUSGEN SUPPORT SERVICES AGREEMENT, AUSGEN'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you have received the evaluation version of the Software, the Software will automatically stop working and this Agreement will terminate after 30 days from when the Software was first installed. If you violate any term of this Agreement, the copyright owner may terminate this Agreement without waiving any other rights. If your Agreement is terminated, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory.
7. UPGRADES AND SUPPLEMENTAL CODE.
To be eligible for software upgrades you must be licensed to use Software as identified by the copyright owner. Software acquired as an upgrade replaces and/or supplements all prior versions. You may use the resulting upgrade only in accordance with the terms and conditions of this Agreement. If you receive any supplemental software code as part of the copyright owner's technical support services related to the Software, such code is considered part of the Software and subject to the terms and conditions of this Agreement.
8. GENERAL PROVISIONS
This License Agreement is governed by the laws of the state of New South Wales, Australia., excluding its or any other jurisdiction's choice of law rules and excluding the United Nations Convention for Contracts for the International Sale of Goods, and you further consent to the exclusive jurisdiction by the state courts sitting in the state of New South Wales for any dispute regarding this License Agreement. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Ausgen reserves all rights not specifically granted in this License Agreement.
This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect.
If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action.
Except as expressly permitted hereby, you may not assign any rights or obligations under this License Agreement without the prior consent of Ausgen.
The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement.
IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please press the "I ACCEPT THE LICENSE AGREEMENT" button below. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to install and use the Software. If you do not agree with these terms and conditions, you should press the "EXIT" button below to exit this installation process, as Ausgen is unwilling to license the Software to you in such case.
PO Box 3082R
Rosemeadow NSW 2560
E-mail: [email protected]
©2003-2008 Ausgen Family History Services. (All rights reserved).
ABN 18 649 404 338