| EzeScan License Agreement |
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This is the license agreement for EzeScan. It's also available in PDF format. This is a legal agreement between you (the "Customer") and Outback Imaging Pty Ltd ("Outback Imaging"). By installing this software package you agree to be bound by the terms of this agreement. If you do not agree to be bound by the terms of this agreement, return the software and the accompanying items to your place of purchase. Grant and Basis of License: Outback Imaging grants the Customer a non-exclusive, non-transferable perpetual license to the material enclosed, subject to the terms of this document. Outback Imaging makes no representation as to the suitability of the software for the Customer’s needs, nor does it accept any responsibility for the accuracy, quality or type of output produced by the Customer using this software. The Customer is responsible for selection of the software as suitable for its need. Licensing is on the basis of the number of users ordered on the applicable Outback Imaging Software Order form. Licenses purchased as named workstation licenses are not transferable to other named workstations. Licensing is valid only when the Customer’s monies requested by Outback Imaging have been deposited as cleared funds in Outback Imaging’s nominated bank account. Evaluation or Trial licenses are provided by Outback Imaging solely for short term evaluation of the software and these licenses remain solely the property of Outback Imaging and not the Customer Intellectual Property Rights: All copyright, trade secret, patent and other intellectual property rights to the licensed program are the property of Outback Imaging and no title is transferred by this agreement. The customer is to retain the copyright notice and other legends on all copies, both full and partial, of the licensed material. The Customer agrees not to distribute the licensed program or any part of it to any third party, or to copy, modify, reverse engineer, disassemble or de-compile the licensed program, or to use the software in any unauthorised manner except as expressly permitted in writing by Outback Imaging. Terms of Agreement: This agreement is accepted by the Customer on removing the CD from its package, or by installing the software from the media provided. The Customer may terminate this agreement without notice. Outback Imaging may terminate it for good cause (including breach of contract and failure to pay license fees), upon 30 days notice. The customer agrees to cease using the product and destroy all licensed material upon termination. Permission to Copy: The Customer may produce sufficient copies of the program for safe usage of it, but may not produce or distribute copies for any other purpose. Warranty: Outback Imaging warrants that the product as supplied by Outback Imaging complies with its published specifications and is free from defects for 90 days from the commencement of this agreement. Outback Imaging will undertake its best efforts to correct and defects advised to it during that period. Support and other services after expiration of the warranty period are provided under the provisions of Outback Imaging’s Standard Support and Maintenance Agreement. Disclaimer: To the maximum extent permitted by law, Outback Imaging disclaims all further or other warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Export Control: The software licensed hereby may be subject to export control legislation in certain countries. The Customer shall not export or re-export the software from the country in which the license is granted in contravention of any such export control legislation applying at the time. Limitation of Liability: Outback Imaging’s entire liability and the Customer’s entire remedy shall be, at Outback Imaging's discretion, either return of the price paid to Outback Imaging, or repair or replacement of the licensed program which does not meet Outback Imaging’s warranty and which is returned to Outback Imaging with a copy of the Customer’s receipt. No Liability for Damages: In no event shall Outback Imaging or it’s suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever (including but not limited to damages for loss of business profits, loss of business information, business interruption, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Outback Imaging has been advised of the possibility of such damages. Entire Agreement: These terms and conditions supersede all prior written and oral understandings between the parties on the subject matter of this agreement and constitute the entire agreement between them relating to the license of the material covered by this agreement. There are no understandings or representations, express or implied, not expressly set out herein. Applicable Law: This agreement is governed by the laws of Queensland, Australia. Outback Imaging Pty Ltd, 2002 - 2007. |
