End User License Agreement

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  • Topic: Contract, Software license agreement
  • Pages : 11 (2570 words )
  • Download(s) : 104
  • Published : April 20, 2013
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END USER LICENSE AGREEMENT
TO CONTINUE WITH THE INSTALLATION YOU MUST ACCEPT THE TERMS OF THE SOFTWARE LICENCE AGREEMENT BELOW.

PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY. PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL ON YOU AGREEING TO THE TERMS OF THIS LICENCE. IF YOU USE THIS SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS LICENCE.

TO ACCEPT THESE TERMS CLICK “I ACCEPT THE TERMS IN THE LICENCE AGREEMENT”. ACCEPTANCE SHALL BIND YOU AND (IF APPLICABLE) YOUR EMPLOYEES TO THE TERMS OF THIS LICENCE.

BY CLICKING “I ACCEPT” YOU AGREE THAT YOU HAVE READ ALL OF THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT WISH TO ACCEPT THESE TERMS CLICK “I DO NOT ACCEPT THE TERMS IN THE LICENCE AGREEMENT”. SELECTION OF THIS OPTION WILL MEAN THAT THE DOWNLOAD AND ONLINE TRANSACTION PROCESS WILL BE TERMINATED.

BACKGROUND TO THE LICENCE:

A.A reference in this Licence to the “Software” means the software product identified above and a reference to the “Documentation” includes any documentation provided by Auslogics to use the software.

B.You wish to use the Software.

C.Auslogics Software Pty Ltd (“Auslogics”) grants you a non-transferable non-exclusive licence to use the Software on the terms and conditions of this Licence.

PROVISIONS OF THE LICENCE:

1.LICENCE

1.1In consideration of the payment by you of the applicable fee indicated on Auslogics’ web site (unless the software is free of charge which will also be indicated) in respect of the Software (the “Fee”) Auslogics grants to you a non-exclusive and non-transferable licence to:

(a)install and use the Software and Documentation for your own personal or internal business purposes subject to the terms of this Licence;
(b)make one copy of the Software and Documentation for backup and disaster recovery purposes only; and
(c)use the Software and Documentation strictly in accordance with the provisions of this Licence and any documentation provided by Auslogics for that purpose.
Auslogics reserves all rights not expressly granted to you in this Licence.

1.2The Software licensed to you may either be used by a single person personally on one or more computers. Only you can use this copy of the software. In order for someone else to use a copy of this software they must obtain their own individual and separate license.

1.3You undertake:

(a)to supervise and control the use of the Software in accordance with the terms of this Licence;
(b) to ensure that (if applicable) your employees, sub-contractors and other agents who have authorised access to the Software are made aware of the terms of, and comply with, this Licence;

(c) to not provide or otherwise make available the Software in any form to any person other than as permitted in this Licence; and
(d) to ensure that any permitted copy of the Software and Documentation bears notice of Auslogics’ ownership of copyright.

2.LICENCE FEES

2.1The Licence and Fee (if any) are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply and installation of the Software. Without limiting the foregoing, you shall be liable for any subsequent taxes, duties or charges in respect of the Software.

3.GOODS AND SERVICES TAX

3.1All amounts payable or other consideration provided in respect of supplies made in relation to this Licence are exclusive of GST (if any). Where a supply is a taxable supply, all amounts payable or other consideration provided must be increased by the amount of GST payable in relation to the supply.

3.2All GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). Where any GST payable is not referable to an actual payment, then it must be paid within ten (10) days of a tax invoice being issued by the party making the supply.

4.MODIFICATIONS

4.1You must not...
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