END-USER LICENSE AGREEMENT FOR CONTACT MANAGEMENT ASSOCIATES
(SA) PTY LTD SOFTWARE
IMPORTANT-READ CAREFULLY
This end-user license agreement (EULA) is a legal agreement
between you (either an individual or a single entity) and Contact
Management Associates (SA) Pty Ltd (CMA) relating to our software
products, inclusive of associated media, printed materials, and online
or electronic documentation. By exercising your rights to make and use
copies of the software product, you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA, you may not
use the software product.
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.
If you are using an evaluation copy of the software product, it
is time sensitive and may not function upon expiration of a set license
period.
1. GRANT OF LICENSE
This EULA grants you the following rights:
a. SOFTWARE PRODUCT. CMA grants you a non-exclusive, personal,
non-transferrable limited license to install and use one copy of the
software product on one device containing a single microprocessor for
either evaluation purposes (evaluation copy) for the purpose of
determining whether to pursue a further license agreement with CMA, or
as a registered fully licensed user.
You may also store or install a copy of the software product on
a single storage device, such as a network server, used only to install
or run the software product on your other computers over an internal
network; however, you must acquire a dedicated license for each user
who accesses the software product. You acknowledge that CMA has not
authorised you to distribute or disseminate the software product, or
any part thereof, in any way.
b. ELECTRONIC DOCUMENTS. Solely
with respect to electronic documents included with the software
product, you may make one copy (either in hardcopy or electronic form),
provided that such copy shall be used only for internal purposes for
the evaluation or registered use of the software product as described
in section 1(a) above. You may
not publish or distribute the documents to any third party.
c. EVALUATION PURPOSES ONLY.
Where an evaluation copy is being used, this EULA only grants
you the right to evaluation of the software product. You must upgrade to the retail
version of the software product for commercial use.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. LIMITATION ON COMPARATIVE TESTING.
You may not use the software product to compare the features or
capabilities of the software product to other products, other than in
the ordinary course of your good faith evaluation of the software
product for purposes of determining whether to employ it for your
commercial use, as described in section 1 above.
b. 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 applicable law notwithstanding this limitation
expressly permits such activity.
c. SEPARATION OF COMPONENTS. The
software product is licensed as a single product. Its component parts
may not be separated for use on more than one computer or device
containing a single microprocessor.
d. RENTAL. You may not rent,
lease, or lend the software product.
e. SUPPORT SERVICES. CMA may
provide you with support services related to the software product
(support services). Use of
support services is governed by CMA policies and programs described in
the software product help file, and/or in any other CMA provided
materials. Any supplemental
software code or upgrade 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 EULA.
f. SOFTWARE TRANSFER. You may
not transfer any of your rights under this EULA, unless in the event
that you merge with a third party, or the third party purchases all, or
substantially all of your assets.
Under such an arrangement you shall be entitled, upon notice to
us, to transfer all your rights to use the software product to such
third party, provided that you assign all of your rights hereunder,
cease all use of the software product and the third party agrees to
accept the terms of this agreement.
You shall not otherwise assign, transfer or sub-license your
rights under this agreement.
g. TERM. Your right to use the
software product shall begin upon the date you first install the
software product. Where the
supplied software product is for evaluation purposes, you may use the
software product only for the period specified by CMA. Where the software product is
purchased outright, the license is valid for that copy only, is not
transferable, and has no expiration date. This EULA may be terminated by CMA in
writing at any time, with or without cause. Upon the termination of
this EULA, for any reason, you shall promptly return to CMA, or certify
destruction of, all full or partial copies of the software product and
related materials provided to you by CMA.
h. INTELLECTUAL PROPERTY RIGHTS.
You shall instruct your employees and agents that the making of
unauthorised copies of any component of the software product and the
permitting of a greater number of users than the number stated in the
software product registration file are violations of intellectual
property law and this agreement.
If you have a multi-user license, you agree to prepare and
maintain a current list of users.
If, after you have so instructed an employee or agent, that
employee or agent makes an unauthorised copy of any part of the
software product, or permits more than the permitted number of users to
use the software product, you shall not be considered in breach of this
agreement if you, at your option either, promptly destroy the
unauthorised copy or pay CMA the full retail price for each
unauthorised copy discovered by CMA or you, and act reasonably and in
good faith to pay CMA the full price for each additional user.
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),
any accompanying printed materials, and any copies of the software
product are owned by CMA or its authorised suppliers. The software product is protected by
copyright laws and international treaty provisions. Therefore, you must treat the
software product like any other copyrighted material. You may not copy any printed
materials accompanying the software product.
4. DUAL-MEDIA SOFTWARE.
You may receive the software product in more than one
medium. Regardless of the type
or size of medium you receive, you may use only one medium that is
appropriate for your device. You
may not use or install the other medium on another computer or device. You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as part of
the permanent transfer (as provided above) of the software product.
5. EXPORT RESTRICTIONS.
You acknowledge that the software product is of Australian
origin. You agree to comply with
all applicable international and national laws that apply to these, as
well as end-user, end-use, and destination restrictions issued by
Australia and other governments.
6. ENTIRE AGREEMENT. This
EULA (including any addendum or amendment to this EULA which may be
included with the software product) is the entire agreement between you
and CMA 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 CMA
policies or programs for support services conflict with the terms of
this EULA, the terms of this EULA shall control.
7. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, CMA and its
suppliers provide the software product and any support services related
to the software product (support services) as is and with all faults,
and hereby disclaim all warranties and conditions, either express,
implied, or statutory, including, but not limited to, any (if any)
implied warranties or conditions of merchantability, of fitness for a
particular purpose, of lack of viruses, of accuracy or completeness of
responses, of results, and of lack of negligence or lack of workmanlike
effort, all with regard to the software product, and the provision of
or failure to provide support services.
There is no warranty or condition of title, quiet enjoyment,
quiet possession, correspondence to description or non-infringement,
with regard to the software product.
The entire risk as to the quality of or arising out of use or
performance of the software product and support services, if any,
remains with you.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by
applicable law, in no event shall CMA or its authorised 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 CMA or any supplier, and even if CMA
or any supplier has been advised of the possibility of such damages.
9. 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 CMA and any of its suppliers with regard to the
software product or this EULA and your exclusive remedy for all of the
foregoing shall be limited to the greater of the amount paid by you for
the software product or $5.00.
The foregoing limitations, exclusions, and disclaimers shall
apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
MISCELLANEOUS
Should you have any questions concerning this EULA, or if you desire to
contact CMA for any reason, please contact your dealer, or write: CMA, PO Box 876, KENT TOWN, SOUTH AUSTRALIA, 5071. alternatively you
may email: support@contactpro.com.au
USE OF THIS SOFTWARE PRODUCT SIGNIFIES AGREEMENT TO
THE TERMS OF THE ABOVE LICENSE.
