Crux Cybernetics
ASP HOSTED SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THE
FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE PRODUCT,
THE USE OF WHICH IS LICENSED BY CRUX CYBERNETICS, PTY. LTD.
(“CRUX CYBERNETICS”) TO YOU, THE ORIGINAL END USER, FOR YOUR
USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING
ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THISE TERMS.
Software products included with or used by this product that are not Crux Cybernetics products are licensed to you by the software provider. Refer to the license contained in the provider's product for the terms of use before using such products.
LICENCE: Crux
Cybernetics grants you a limited, nonexclusive license to use
the accompanying software program(s) (the “Software”) subject
to the terms and restrictions set forth in this License Agreement
and on generation of a licence key that defines time and quantity
restriced access rights. You are not permitted to use the Software
in any manner not expressly authorized by this License, and
by the Hosting Services Agreement that you or your company have
entered into with Crux. You acknowledge and agree that ownership
of the Software and all subsequent copies thereof regardless
of the form or media are held by Crux Cybernetics or its suppliers.
The Software is licensed
for use on any Crux Cybernetics product and/or personal computer,
provided that the Software is used only in connection with Crux
Cybernetics products. If you are a licenced user you may reproduce
and use one (1) copy of any Desktop Software for each personal
computer or Crux Cybernetics product on which such Software
is used. You may use your ASP Software only on one (1) supported
computing device at any one time. The Software cannot be copied.
Supporting documentation may be copied only as essential for
backup or archive purposes in support of your use of the Software.
You must reproduce and include all copyright notices and any
other proprietary rights notices any copies of files or data
extracts that you make. Except as set forth above, this License
Agreement does not grant you any rights, whether by license,
ownership or otherwise, in or to the Software.
NO ASSIGNMENT; NO REVERSE ENGINEERING; You may not transfer the rights to use the Software to another party, even if such party accepts the terms and conditions of this License Agreement in writing.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union (“EU”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from Crux Cybernetics upon written request.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of Australia or the country in which you obtained them.
TERMS AND TERMINATION: This License Agreement is effective while you have access to the software. This License Agreement will terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the documentation, together with all copies and agree to request your system administrator, or Crux Cybernetics, to disable your Software access rights.
GOVERNING LAW: This License Agreement shall be governed by the laws of New South Wales, Australia and by the laws of Australia, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
ENTIRE AGREEMENT: This License Agreement and the accompanying Limited Warranty set forth the entire agreement between you and Crux Cybernetics, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in writing signed by both parties.
