Winsum End-User Licence Agreement

Software 4RM - published by Winsum Computer Services Pty Ltd

End-User License Agreement

IMPORTANT - READ CAREFULLY. ALL Plus Software is covered by the following agreement:

This License Agreement is a legal agreement between you (either an individual or a single entity) and Winsum Computer Services Pty Ltd and its partners (hereafter called "the OWNERS") for this software product identified in the caption as "SOFTWARE PRODUCT" which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (hereafter called "the SOFTWARE PRODUCT").

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LICENSE AGREEMENT. If you do not agree to the terms of this LICENSE AGREEMENT, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1.GRANT OF LICENSE. This LICENSE AGREEMENT grants you the following rights

i. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on one computer having access to the data files used by this software, provided such computer resides physically within the same location.

ii. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

iii. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network, provided that you are not duplicating the data files used by this software by either replication or direct copying.

iv. This agreement extends, where appropriate compensation has been accepted by Winsum Computer Services Pty Ltd and its partners, the right to make modifications to this software product to suit the operations of your trading entity. It may not be distributed to any other entity, whether that entity is a subsidiary or holding company, trading partner or any other individual. Copies of all modifications are to be made available to the OWNERS or their agents on demand.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
i. 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.

ii. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one entity.

iii. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

iv. Support Services. You may be provided with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, and/or in other provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this LICENSE AGREEMENT. With respect to technical information you provide to us as part of the Support Services, we may use such information for our business purposes, including for product support and development.

v. Software Transfer. You may permanently transfer all of your rights under this LICENSE AGREEMENT, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this LICENSE AGREEMENT), and the recipient agrees to the terms of this LICENSE AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

vi. Termination. Without prejudice to any other rights, the owners may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this LICENSE AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. COPYRIGHT.

All title and copyrights 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), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the OWNERS. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted object. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) your software product (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable regulation or statute within the country of purchase without written consent from the governmental entity as may have jurisdiction over such export or transmission.

5. MISCELLANEOUS
If you acquired this product outside of Australia, then the local laws in the country of purchase may apply. Should you have any questions concerning this LICENSE AGREEMENT please contact Winsum Computer Services Pty Ltd.

LIMITED WARRANTY.
This software is provided "as is," without warranty of any kind. Winsum Computer Services Pty Ltd warrant that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by us shall be substantially as described in any applicable written materials provided to you, and our support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. Winsum Computer Services Pty Ltd and its partners, and our agents or suppliers’ entire liability and your exclusive remedy shall be, at our option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet our Limited Warranty and which is returned to us with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication or user modification or resulting from an installation of the software other than installations as defined in section 1 of this agreement. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINSUM COMPUTER SERVICES PTY LTD AND ITS PARTNERS, AND OUR AGENTS OR 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 PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINSUM COMPUTER SERVICES PTY LTD AND ITS PARTNERS, AND OUR AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WINSUM COMPUTER SERVICES PTY LTD AND ITS PARTNERS, AND OUR AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WINSUM COMPUTER SERVICES PTY LTD AND ITS PARTNERS, AGENTS OR SUPPLIERS’ 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 A$5.00. IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, WITH the OWNERS, the OWNERS ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

AUTHORISED USE
THE LICENCEE AGREES THAT ANY PERSON AGREEING TO PROCEED PAST THE WARNINGS IN THIS PROGRAM HAS THE AUTHORITY OF THE LICENCEE TO PROCEED.