Software Licence Agreement
Licence Agreement for
Magnum Opus Demo Version
This document is a legal agreement between you and G I Webb & Associates
Pty Ltd ACN 087 875 527 (GIWA). By downloading or using this software
or its documentation, you agree to be bound by the terms of this agreement.
Software Licence
GIWA wishes to allow you the opportunity to evaluate the software package
known as Magnum Opus. To this end, GIWA grants you the right to use
a demonstration version of Magnum Opus (hereinafter referred to
jointly and severally as "the software"). This version has limited
functionality and you acknowledge that you are aware of this limitation.
The licence shall be non-transferable and is not exclusive to you.
You may not use, copy, modify, combine, incorporate or transfer the
software, or any copy, modification, or merged portion, in whole or in
part, except as expressly permitted by this agreement. Any portion of the
software merged into another program continues to be subject to the terms
and conditions of this Agreement.
You may not reverse engineer, decompile, or disassemble the software,
except and only to the extent that such activity is expressly permitted
by applicable law.
Disclaimer of Warranty
The software is provided "as is" without warranty of any kind. GIWA further disclaim all implied warranties including any implied
warranties of merchantability or of fitness for a particular purpose. You
acknowledge that no representation or warranty has been made by GIWA as to the performance or functionability of the product or as
to the suitability of the product for your purposes.
The entire risk arising out of the use of the software and documentation
remains with you. In no event shall GIWA or anyone involved
in the creation or documentation of the software be liable for any damages
whatsoever (including, without limitation, damages for loss of business
profits, interruption of business activity, loss of business information,
or other monetary loss) arising out of the sale, use or inability to use
the software or documentation. You agree not to obtain or use the software
in any state or country that does not allow the exclusion or limitation
of liability for consequential or incidental damages.
Acceptance
Upon installation of the software, you shall be responsible for ensuring
that the software is used in accordance with these conditions.
Ownership
You acknowledge that all intellectual property rights in the software belong
to GIWA.
GIWA retains ownership of the software whether in its original form
or as modified by you during the term of the licence.
Copies
You may make such number of copies of the software as is necessary to serve
your internal needs for the system's back-up and security. All copies of
the software shall be and remain the property of GIWA.
You shall not remove from the software or copies of the software notices
of GIWA's ownership of the software.
You shall notify GIWA immediately on becoming aware of any unauthorised
use or copying of the whole or any part of the software or of the documentation.
Security
You shall be responsible for protecting the software at all times from
access, use or modification that is not authorised by this agreement.
Entire agreement
This agreement constitutes the entire agreement between the parties relating
to the software.
Waiver
No forbearance, delay or indulgence by a party in enforcing the provisions
of this agreement shall prejudice or restrict the rights of that party,
nor shall any waiver of those rights operate as a waiver of any subsequent
breach.
Severability
Should any part of this agreement be or become invalid, that part shall
be severed from this agreement. Such invalidity shall not affect the validity
of the remaining provisions of the agreement.
Applicable Law
This agreement shall be governed by the Laws of the State of Victoria in
the Commonwealth of Australia. You agree to submit to the jurisdiction
of the Courts of Victoria.
Dispute resolution
Any dispute or difference arising in connection with this agreement shall
be submitted to arbitration in accordance with, and subject to, the Rules
for the Conduct of Commercial Arbitrations of the Institute of Arbitrators,
Australia. During such arbitration, both parties may be represented by
a duly qualified legal practitioner.