Technologies Ltdgrant you license to use this
Software on the following terms:
License and support
This Software is licensed and not sold to you. Your use of this
Software is governed solely by the terms of this License. This License
is personal to you.
This Software is owned by us. This Software is protected by
copyright law, and the owners reserve ownership of all Intellectual
Property Rights in it, and all rights other than those expressly
granted by this Agreement.
You must take reasonable steps to protect the Software from
unauthorised copying, publication, disclosure or distribution.
Technical support is available via email for 12 months after the date
of purchase (or for the lifetime of the product if a Lifetime
Subscription is purchased). We will endeavour to respond to queries as
soon as possible, but cannot guarantee a response within any particular
timeframe. Note that if in our opinion excessive use is being made of
technical support, an additional payment will be required.
Where use is permitted by this License, such use includes
the making of no more than a reasonable number of backup copies of the
the right to utilise and make prints for your own personal use (but not
otherwise copy) any instructional and/or operational manuals relating
to the Software.
and unless you buy a License for the use of the Software:
Your rights are limited to
use of one copy of the object code of the software only, and
use for evaluation purposes only, and
use for 30 days following first installation only; thereafter, your
rights to use the Software terminate, and you must destroy all copies
of the Software in your possession, unless you buy a License.
You may not distribute any application created by you incorporating the
Software, and you may not use any application created by you
incorporating the Software other than to evaluate the Software.
You may not modify the Software. You may not disassemble, decompile, or
reverse engineer the Software, or otherwise attempt to discover the
source code of the Software.
to payment of the Development License fee:
In the case of an Individual Developer License, we grant to you a
non-transferable and non-exclusive license to install this Software for
use on one (single user) development machine (and also on any number of
test and production machines - see section 3.4).
In the case of a Team Development License, we grant to you a
non-transferable and non- exclusive license to install multiple copies
of this Software on multiple development machines for use by any number
of software developers who are part of the same organizational
development team. The team may work on multiple projects and be
dispersed across multiple geographic development sites. This license
does not permit use by separate groups that do not operate a single,
In the case of an Enterprise Development License, we grant to you a
non-transferable and nonexclusive license to install multiple copies of
this Software on multiple machines for use anywhere within your
Every Development License permits the installation of the Software on
test machines and production machines. The Software may also be
installed on machines for the purpose of automatic builds. However if
software development that uses the library is performed on a machine,
the correct Development License must be purchased.
You may also incorporate the Software in applications you create,
provided such applications consist of substantially more than the
You may modify the source code of the Software and generate .NET Compact
Framework object code from the modified source code. We will not provide technical support for
Software that has been modified.
You may not copy, rent, lease, assign or otherwise distribute or part
with the source code of the Software.
You must retain in the source code any copyright notice therein.
You may use, distribute, license, and sell applications you have
created which incorporate the Software.
You must incorporate the following disclaimer in the documentation
and/or other materials provided with any distributed application you
create which incorporates the Software:
SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL ANY PERSON WHO HAS CONTRIBUTED TO OR IS THE OWNER OF ANY
PART OF THIS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You must include copyright notices in any application you create which
incorporates the Software immediately following each occurrence of your
own copyright notice, in the following form:
5.1.1. you have had the opportunity
to evaluate the Software without charge, and that you have satisfied
yourself that it meets your requirements in all material respects
5.1.2. it is not technically
practicable to guarantee software to be error-free, and you agree that
if any such errors are found to exist they shall not constitute a
breach of this Agreement
5.1.3. the Software is provided for
use by you as an expert, and that where you decide to incorporate the
Software in an application created by you, it is solely your
responsibility to carry out all appropriate testing and to determine
its suitability for your intended purpose. You will therefore indemnify
us against any and all claims that may be brought by a third party in
relation to any applications distributed by you which incorporate the
Software, whether or not the terms of the License you have bought
permit such distribution.
5.2. THE SOFTWARE IS NOT WARRANTED
TO BE FAULT-TOLERANT, AND IS NOT INTENDED FOR THE DESIGN, CONSTRUCTION,
MAINTENANCE, OPERATION, CONTROL, OR ANY OTHER USE IN CONNECTION WITH
HIGH RISK SYSTEMS. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR PURPOSE IN CONNECTION WITH HIGH RISK SYSTEMS.
Systems’ means systems in environments requiring fail-safe
performance (such as nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems), in which the failure of the software
could lead directly to death, personal injury, or severe physical or
environmental damage. You agree that you will not use the software for
any purpose in connection with High Risk Systems.
5.3. THIS SOFTWARE IS PROVIDED ``AS
IS'', AND TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.4. ALTHOUGH WE DO NOT WARRANT THAT
THE SOFTWARE SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE
HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST
COMMONLY KNOWN VIRUSES. YOU ARE NEVERTHELESS SOLELY RESPONSIBLE FOR
VIRUS SCANNING THE SOFTWARE.
5.5. WE SHALL NOT BE LIABLE TO YOU
OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED
ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE
SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH
LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
5.6. NOTWITHSTANDING THE GENERALITY
OF THE ABOVE, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT
OF THE SOFTWARE, ITS USE, OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY,
OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED
SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
5.7. IF ANY EXCLUSION OR LIMITATION
CONTAINED IN THIS LICENSE SHALL BE HELD TO BE INVALID FOR ANY REASON
AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED,
SUCH LIABILITY SHALL BE LIMITED TO THE LICENSE FEE PAID BY YOU FOR THE
5.8. We do not exclude liability for
death or personal injury to the extent only that it arises as a result
of our negligence or that of our employees, agents or authorized
5.9. So far as any parts of this
Software which were not created by us are concerned, THIS SOFTWARE IS
PROVIDED "AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ANY PERSON
WHO HAS CONTRIBUTED TO OR IS THE OWNER OF ANY PART OF THIS SOFTWARE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This provision shall operate
for the benefit of any and all such persons.
6.1. You acknowledge that these
terms supersede all prior agreements, and are complete and exclusive.
No oral or written information given by us or on our behalf shall
create a warranty or collateral contract, or in any way increase the
scope of this warranty in any way, and you may not rely on any such
6.2. If any provision in this
Agreement shall be determined to be invalid, such provision shall be
deemed omitted; the remainder of this Agreement shall stand.
6.3. This License shall be governed
by the laws of Australia.