CompleteAgent Software License Agreement
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; 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 CompleteAgent must be obtained via the server administrator of the CompleteFTP file sharing server that is being connected to by CompleteAgent.
- 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 CompleteAgent client application may be installed without charge on any machine, without restriction.
- CompleteAgent 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.
- 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.