Auscomp (www.auscomp.com) - Auscomp eNavigator Suite - CD-ROM (CDR) License Agreement for CD-ROM or DVD

Auscomp eNavigator Suite

CD-ROM ("CDR") License Agreement for CD-ROM or DVD

1. About this agreement

1.1. This is a license for use of Auscomp eNavigator Suite computer software and any documentation that relates to it ("the software").

1.2. The software is the property of Auscomp Pty Ltd ACN 062 800 088.

1.3. Auscomp Pty Ltd is an Australian corporations.

1.4. The software is protected by local and international copyright laws and treaties. Nobody may install or use the software unless they have a license with Auscomp®.

2. How you enter this license

2.1. If you install or use the software, you are indicating your agreement to the terms in this license.

2.2. If you do not agree to these terms, you may not install or use the software.

3. The terms of your license

3.1. You have no rights but the ones set out in black & white in this agreement.

3.2. Before installing or using the software, you must pay the price advertised when you obtained it, unless Auscomp® has agreed to a different price. If you fail to do so, the price carries interest at 20% per annum with monthly rests from the date of first installation until payment in full.

3.3. Your rights under this agreement only apply if you hold an Auscomp® receipt for payment for a current CD-ROM (CDR) License Agreement for the "Identified CD-ROM or DVD Title" named on that receipt.

3.4. Before using or incorporating the software into a CD-ROM or DVD, you must register it for use or incorporation within the "Identified CD-ROM or DVD Title" by signing and returning the completed registration form to Auscomp®, providing true information. The forms are available from Auscomp® via cdr@auscomp.com.

3.5. You may make one back up copy.

3.6. The "Command Center" (editing tool), online documentation and help files, which form part of this software, may be installed and used on any computer within the organization for which it was originally registered, but may not be included within any other product or placed on any CD ROM or DVD for distribution in any way.

3.7. This CD ROM (CDR) License Agreement is specifically for an "Identified CD-ROM or DVD Title" which uses the software purely as a navigational aid on that CD ROM or DVD. It may NOT be used or incorporated into any other product in any way. The forms are available from Auscomp® via cdr@auscomp.com
3.8. Permission is granted to use one registered copy of the licensed software within the "Identified CD-ROM or DVD Title" as named on the license receipt and distribute the software Java applet/s (class files) only as integrated within, and as part of, the "Identified CD-ROM or DVD Title" navigation system ONLY.
3.9. You agree to include the valid copyright notification from Auscomp® within the "Identified CD-ROM or DVD Title" and abide by the terms and conditions as written within this CD-ROM (CDR) License Agreement.

3.10. This License Agreement shall terminate when the name or function of the CD ROM or DVD Title changes. New title or changed function forms are available from Auscomp® via cdr@auscomp.com

3.11. Should the nature of the "Identified CD-ROM or DVD Title" for which this license is granted alter substantially after the license has been issued, including changes with regard to competing directly with the software for market share, then Auscomp® must be notified within 24 hours and may then elect to terminate this agreement if necessary, entirely at the discretion of Auscomp®.

3.12. Auscomp® is under no obligation to renew the license and offers no guarantee to do so.

3.13. You are responsible for all end user support for the "Identified CD-ROM or DVD Title". Auscomp® is not bound in any way to provide support of any kind to end users of the "Identified CD-ROM or DVD Title".
3.14. No source code for the software shall be provided unless Auscomp® has specifically agreed and negotiated a satisfactory payment in writing, and those funds have been received in full.
3.15. A separate, additional CD-ROM (CDR) License Agreement is required for each additional "Identified CD-ROM or DVD Title", name or significant function change.

3.16. If the law that governs this agreement gives you additional rights to use the software that cannot be excluded, you have those rights.

4. What you may not do

You may not:

4.1. copy the software except as allowed by clause 3.5;

4.2. purport to give anyone else any rights in the software;

4.3. do anything that might reveal the source code of the software;

4.4. change the software;

4.5. retain or continue to use an older version of the software after you have installed a newer version;

4.6. allow anyone else to have your licensed copy of the software except a person using it within your license limit;

4.7. do anything else not allowed in black & white by this agreement.

5. If you breach this license

If you breach this license, Auscomp® may:

5.1. terminate this agreement; and/or

5.2. exercise any other right it has under law.

6. Following termination

If this agreement is terminated, you must:

6.1. stop using the software;

6.2. completely uninstall it;

6.3. destroy any copies you have; and

6.4. if Auscomp® requires it, prove that you have done all those things.

7. Ownership

Auscomp Pty Ltd is the sole owner of:

7.1. all title to and copyright in the software;

7.2. all copies of the software;

7.3. the trade mark names and logos Auscomp® and Auscomp® eNavigator Suite.

8. Warranties

8.1. Auscomp® supplies the software as-is without any express warranties, and excludes any implied warranties that can be excluded under law.

8.2. You accept that the software may or may not work as you intend or suit your purposes, even if Auscomp® was aware of them.

8.3. You choose and use the software based entirely on your own judgment and at your own risk.

9. Damages

9.1. Auscomp® is not liable to you for any loss, damages or compensation, whether primary or direct, secondary, indirect, incidental consequential or special, pecuniary or non-pecuniary, foreseeable or unforeseeable, contractual, tortuous or under statute arising in any way out of your installation or use of the software, even if Auscomp® knew that loss or damages were possible.

9.2. If the law that governs this agreement limits the operation of clause 9.1, then Auscomp's® liability for anything described in that clause can never exceed the reasonable costs of Auscomp® resupplying the software to you, or the price you paid for the software, whichever is higher.

10. Modification of agreement

10.1. Auscomp® may modify this agreement on notice to you in accordance with clause 12.

10.2. Otherwise, this agreement is not modified or waived by any action of either party.

11. Applicable law

11.1. This agreement is governed by the laws of Victoria, Australia.

11.2. Any legal action relating to this agreement or the software must be taken in the courts of Victoria, Australia.

12. Notices

12.1. If you have registered the software with Auscomp® and supplied an email address, Auscomp® is deemed to have given you a notice when an email addressed to that address leaves Auscomp's® mail server.

12.2. Alternatively, Auscomp® is deemed to have given you a notice when the notice has been published on its web site.

This notification must not be removed.

Auscomp Pty. Ltd. ACN 062 800 088.
Auscomp Worldwide Pty. Ltd. ACN 095 291 759.