We Enterprise Distributed Technologies Ltd grant 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,
save for certain elements of it which are owned by The KPD-Team;
Chew Keong Tan; Routrek Networks, Inc; ComponentAce; Developer
Express Inc; and The Mentalis.org Team.
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.
Technical support for
CompleteBox must be obtained via the server administrator of the
file sharing server that is being connected to by CompleteBox.
Where use is permitted by this
License, such use includes
the making of no more than a
reasonable number of backup copies of the Software; and
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.
Client License
The CompleteBox client
application may be installed without charge on any machine, without
restriction.
CompleteBox may only be used to
connect to a licensed server instance of CompleteFTP.
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.
Warranties, and Limitation of
Liability:
You acknowledge that
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
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
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.
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. ‘High Risk 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.
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.
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.
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.
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.
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 SOFTWARE.
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 representatives.
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.
Miscellaneous
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 advice.
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.
This License shall be governed
by the laws of Australia.