DEFINITIONS

COMPANY
www.auscomp.com 
AUSCOMP® PTY. LTD. (ACN: 062 800 088) 
Contact

SOFTWARE / SOFTWARE PRODUCT(S)
Any and all of Auscomp's products.

LICENSE 
The license that is contained within the product itself for evaluation "ELA" (Evaluation License Agreement) purposes and on registration or purchase "EULA" (End User License Agreement).

LICENSEE
You and the End User (an individual, a recognized legal entity, an Identified Operating Facility - as defined by Auscomp).

BY ACCESSING THIS WEB SITE

You agree to the following:

• That Auscomp shall not be held responsible or liable for any direct or indirect loss or damage whatsoever arising out of or in connection with the use or performance of information or material on the Internet via other web links from this site. 

• That no warranty or guarantee is given as to the accuracy, creditability or source of information found in any of these other web site links, including information in files that may be downloaded. 

• That Auscomp shall not be held responsible or liable for any direct or indirect loss or damage whatsoever arising out of or in connection with reliance upon the use or performance of this site information for the purpose of making business decisions. Any reliance on this information solely, whilst making corporate decisions, is done so at the user's own risk.

• That no formal business or professional relationship has been created by use of the information supplied until both parties are in agreement or in some cases until a formal contract has been signed.

• That information and pictures may be downloaded in their entirety and without alteration providing they are only used for non-commercial purposes, and providing that any copy (or portion thereof) includes any copyright, trademark or logo as contained in the original material.

• That it remains understood that some of the information contained within this site may be the subject of reserved intellectual property rights and that no license is granted in respect of those rights.

• That information and material contained within this site shall not be used for any "mailing lists" other than for genuine requests for information on services or consulting, or for the notifying of any problems associated with the site.

Please note that because this site is accessed worldwide, there remains a possibility that occasionally, an error may occur with the application, or indeed, unauthorized deletions, alterations or additions may be made by a third party. Every attempt shall be made to ensure the integrity remains, however if any inaccuracies do occur with this web site, please contact us so that we may be able to correct the problem. Thank you!

ABOUT AUSCOMP'S LICENSES

1. About this Agreement

1.1. There is a license for use of each of Auscomp's computer software products and any documentation that relates to them ("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 the product's 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 the agreement.

3.2. Before using the software, you must register it if the installation routine requires that you do so, providing true information.

3.3. You may install and use one copy of the software on each of one or more computers in order to test, evaluate or demonstrate it.

3.4. Your license lasts for 28 days after you first install the software, and then terminates automatically. If you install it on more than one computer, the license for all of them terminates when the license for the first of them terminates.

3.5. You may make one back up copy.

3.6. You may make and distribute complete and exact duplicates of the software to other persons who wish to evaluate it as long as 

(a) those persons agree to the terms of this agreement; and 
(b) you do not receive any fee for doing so; and 
(c) you do not bundle the software with any other product.

3.7. 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;

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 the 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, Auscomp IT Commander, Auscomp eNavigator Suite, Auscomp Fort Knox and Auscomp Smart Login. 

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, and that it may not offer the same functionality as non-evaluation versions of the software.

8.3. You choose and use the software based entirely on your own judgement 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 liability for anything described in that clause can never exceed the reasonable costs of Auscomp resupplying the software to you.

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 mail server.

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

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