SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device (“Device”). A license for the Software Product may not be shared.
Reservation of Rights. All rights not expressly granted are reserved by Sirius Solutions Pty Ltd.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Mandatory Activation. You may not be able to exercise Your rights to the Software Product under this EULA after a finite number of product launches unless You activate Your copy of the Software Product in the manner described during the launch sequence.
Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Sirius Solutions Pty Ltd.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
Support Services. Sirius Solutions Pty Ltd may provide You with support services related to the Software Product (“Support Services”). Use of Support Services is governed by the Sirius Solutions Pty Ltd policies and programs described in the user guide, in “online” documentation, or in other Sirius Solutions Pty Ltd provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Sirius Solutions Pty Ltd may use technical information You provide to Sirius Solutions Pty Ltd as part of the Support Services for its business purposes, including for product support and development.
Software Transfer. The Software Product is non-transferable.
Termination. Without prejudice to any other rights, Sirius Solutions Pty Ltd may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and all of its component parts.
3. UPGRADES. If the Software Product is labelled as an upgrade, You must be properly licensed to use a product identified by Sirius Solutions Pty Ltd as being eligible for the upgrade in order to use the Software Product. A Software Product labelled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software Product), any accompanying printed materials, and any copies of the Software Product are owned by Sirius Solutions Pty Ltd or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
5. BACKUP COPY. You may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
6. APPLICABLE LAW. If you acquired this Software Product in the Australia, this EULA is governed by the laws of the State of Western Australia. If this Software Product was acquired outside Australia then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Sirius Solutions Pty Ltd for any reason, please contact Sirius Solutions Pty Ltd by writing to: Sirius Solutions Pty Ltd, 149 Gregory St, Wembley 6014, AUSTRALIA.
7. LIMITED WARRANTY. Sirius Solutions Pty Ltd warrants that the Software Product will perform substantially in accordance with the accompanying materials for a period of three hundred and sixty five (365) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THREE HUNDRED AND SIXTY FIVE DAYS). As to any defects discovered after the three hundred and sixty five (365) day period, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the three hundred and sixty five (365) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Sirius Solutions Pty Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Sirius Solutions Pty Ltd’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 9 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Sirius Solutions Pty Ltd’s and its suppliers’ entire liability and your exclusive remedy shall be, at Sirius Solutions Pty Ltd’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Sirius Solutions Pty Ltd with a copy of your receipt. You will receive the remedy elected by Sirius Solutions Pty Ltd without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Sirius Solutions Pty Ltd). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To exercise your remedy, contact: Sirius Solutions Pty Ltd, 149 Gregory Street, Wembley, WA 6014, Australia.
8. DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent permitted by applicable law, Sirius Solutions Pty Ltd and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness or responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, all with regard to the software, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Sirius Solutions Pty Ltd or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Sirius Solutions Pty Ltd or any supplier, and even if Sirius Solutions Pty Ltd or any supplier has been advised of the possibility of such damages.
10. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Sirius Solutions Pty Ltd and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Sirius Solutions Pty Ltd with respect to any breach of the limited warranty) shall be limited to the greater of the amount actually paid by you for the software or USD5.00. The foregoing limitations, exclusions and disclaimers (including sections 7, 8, and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Sirius Solutions Pty Ltd relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Sirius Solutions Pty Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
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