USER LICENCE AGREEMENT
PLEASE READ THIS LICENCE CAREFULLY.
BY USING THE SOFTWARE SUPPLIED WITH THIS LICENCE (THE "SOFTWARE") YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE, RETURN THE SOFTWARE IN ITS ORIGINAL CONDITION WITH PROOF OF PURCHASE TO THE PLACE WHERE YOU OBTAINED IT WITHIN 30 DAYS FOR A FULL REFUND.
1. DEFINITIONS
In this Agreement the following definitions apply:
(1) “Intellectual property” means all our intellectual and industrial protection rights of or in connection with copyright, moral rights, trademarks, service marks, inventions and confidential information and such similar rights which may be claimed through us.
(2) “Licence” means the agreement you enter into with us on these Conditions.
(3) “Person” may include a corporation.
(4) “Products” means the software which you order from us and any media on which the software is recorded and includes any products of a third party which we supply to you.
(5) “We, us” means Macroworks Pty Ltd ABN 13 419 878 584, its assigns or other persons claiming through it.
(6) “You” means the licensee and the licensee’s successors and permitted assigns under these Conditions.
2. ACCEPTANCE OF TERMS
Before completing installation of the product you must indicate your agreement with these Conditions by clicking “I ACCEPT”. If you do so then these Conditions will apply whether or not you have chosen to read them. If you do not wish to proceed on that basis please click “I DO NOT ACCEPT”.
3. GRANT OF LICENCE
(1) When you order products from us or when you install or use our products you will do so under a Licence you purchase from us on these Conditions.
(2) This Licence permits you to use the licensed number of copies of our products for your own private educational purposes only or for other purposes to which we expressly consent.
(3) The products may be loaded on one computer only and used by one person only at any one time. If more than one person is to use the products at the same time or the products are to be loaded on more than one computer you must purchase the applicable User Site Licence.
(4) You must not:-
(a) use or rely upon the products for any purpose or in any manner for which the products are not designed or warranted;
(b) copy, reproduce, translate, adapt, vary, merge, modify or create any derivative work based on the products;
(c) reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the products;
(d) sell, market, network, transfer, lease, sub-license, rent, lend or otherwise dispose of, distribute or deal with the products in any other way.
(5) You acknowledge that we and other persons for whom we may supply products retain all intellectual property in those products and the contents of our website and printed material associated with the products.
4. TERM OF LICENCE
(1) The term of this Licence is perpetual, provided that it may be terminated by us if you are in breach of these Conditions.
(2) To the extent legally possible these Conditions will survive any termination of this Licence and any rights which we may have or but for the termination may have had against you for a breach of these Conditions will not be prejudiced by termination.
(3) If this Licence is terminated you or your representative must destroy the products and any copies of the products or otherwise deal with them in any manner directed by us.
5. WARRANTY AND SUPPORT
(1) Until the end of the first 30 days after delivery of the products to you, if you are not satisfied with the operation of the products you may terminate this Licence by completely deleting the products from your computer and returning them to us with proof of payment for a full refund.
(2) We have endeavoured to make sure that our software works but we do not guarantee that it will do so on all computer hardware platforms or configurations and we make no warranty that the software will be error free or that use will be uninterrupted. However if you notify us that the software does not work due to an error or fault in the software, we will replace or rectify the relevant products free of charge or refund the price you paid.
(3) We warrant that the media on which our software is recorded will be free from defects in manufacture on delivery to you. If any defect is found and notified to us, we will replace or rectify the relevant products free of charge or refund the price you paid.
6. LIABILITY
(1) Other than as required at law, we will not be liable to you or any other person for any direct, indirect or consequential loss, damage, costs or expenses suffered by you or any other person relating to the performance or non-performance of our products (including any claims made against you by third parties).
(2) Subject to any statutory provision to the contrary, we will not be liable for any claim for loss, injury or damage of a direct or indirect nature and whether actual or consequential which you or any other person may suffer as a result of your access to our web site, your provision to us of any personal, financial or business information, any failure or delay caused by or attributed to the internet, computer hardware or software, technology or systems used by us or the failure of any function or service associated with our web site, the transmission to you or accessing by you of any incorrect, defective or corrupted data or any virus or other program, data or component capable of harming your computer system and its stored data. It is your responsibility to ensure that any transmission including attachments from us is safe to download or open.
(3) The provisions of the preceding sub clause apply in the same manner to any linked, related or referred websites and in addition we will not be liable for the content of those websites.
(4) All conditions and warranties implied by custom, common law or statute which may be legally excluded are excluded from these Conditions.
7. REVISED CONDITIONS
We may alter or revise these Conditions at any time and such alterations and revisions will be posted on our web site (www.macroworks.com.au). You are responsible for reviewing this website from time to time to ensure compliance.
8. JURISDICTION
You agree that any dispute about the products or any matter relating to our web site or our provision of services to you will be subject to the laws of the State of Queensland and the Courts of that State will have non-exclusive jurisdiction. This Licence for the use of our products is made in that State.
9. ENTIRE AGREEMENT
These Conditions supercede all previous conditions, agreements or understandings between you and us in relation to this Licence and embody the entire agreement between you and us.
© 2001 - 2007 Macroworks Pty Ltd