aa Example License Agreement. LIVESTOCK TARGETS LIMITED END USER LICENCE AGREEMENT IMPORTANT NOTICE Read this Licence Agreement carefully before using The Software. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE FOR ANY PURPOSE, YOU ARE AGREEING TO BE BOUND BY THIS LICENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE YOU MAY NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. REFERENCE TO “THE SOFTWARE” INCLUDES THIS PROGRAM: LIVESTOCK TARGETS STOCK DRAFT AND ANY ENHANCEMENTS THAT MAY BE MADE IN THE FUTURE. 1. GENERAL 1.1 LIVESTOCK TARGETS STOCK DRAFT is protected by copyright laws and international copyright treaties. 1.2 The Software is licensed, not sold, and you never acquire any other rights in the Software other than a right to use in accordance with this Licence. 1.3 Livestock Targets Ltd may assign, sub-licence, sub-contract, mortgage or otherwise transfer this licence or any of its rights or obligations under it. 2. CONDITIONS OF THE SOFTWARE LICENCE 2.1 You are not permitted to install or use the Software except in accordance with this licence. In consideration of your agreement to the terms of this Licence, Livestock Targets Ltd grants you a non-exclusive right ('Licence') to install and use the Software as permitted by this Licence. 2.2 YOU ARE PERMITTED: 2.2.1 to install, store and use only one copy of the Software on one computer at any one time and not via any network or by means of remote or other access except as otherwise agreed between us in writing in advance; and 2.2.2 to make necessary back-up copies of the Software in support of your permitted use of the Software. This Licence does not allow you to make any other copies of the whole or any part of the Software. 2.3 YOU MAY NOT NOR PERMIT OR ALLOW OTHERS TO: 2.3.1 install, use or copy the Software except as permitted by this Licence; 2.3.2 transfer or assign or sub-licence the Software or this Licence on a permanent or temporary basis to any other party; 2.3.3 sell, distribute, rent, loan, lease, sub-licence or otherwise deal in the Software; 2.3.4 alter, adapt, merge, modify or translate the Software in any way for any purpose, including, without limitation, for error correction; 2.3.5 reverse-engineer, disassemble or decompile the Software; 2.3.6 remove, change or obscure any product identification or notices of rights and restrictions on or in the Software; or 2.3.7 copy or distribute the documentation accompanying the Software except as reasonably required for your own use in accordance with the terms of this Licence. 3 ON-LINE LICENCE ACTIVATION 3.1 In activating the Software you confirm that we may use the information that you provide us, or we already hold about you, or which we receive from our payment and software activation processor to record and confirm your identity. Our payment and software activation processor will gather the information that you provide together with other hidden system identifiers relating to your computer and/or the network to which it is connected. Our payment and software activation processor will pass that information to us and maintain a copy itself. The purposes of us gathering this information are for the administration of our software licences and the prevention, detection and investigation of fraud or the infringement of our intellectual property rights. Processing of this information may take place outside your country. 4 DISCLAIMERS 4.1 DISCLAIMER OF WARRANTIES THE SOFTWARE IS SUPPLIED "AS IS". LIVESTOCK TARGETS LTD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. LIVESTOCK TARGETS LTD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. 4.2 DISCLAIMER OF DAMAGES LIVESTOCK TARGETS LTD ASSUMES NO LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE USE OF THE SOFTWARE, EVEN IF LIVESTOCK TARGETS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE THE SOFTWARE HAS BEEN PURCHASED FOR BUSINESS USE, THE CONSUMER GUARANTEES ACT 1993 WILL APPLY. DESPITE ANY OTHER PROVISION, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF LIVESTOCK TARGETS LTD IN RESPECT OF THE SOFTWARE IS TO REFUND THE PURCHASE PRICE OF THE SOFTWARE. 5. TERM 5.1 This licence is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate immediately without notice to you if you fail to comply with any term or condition of this licence. Upon termination, you agree to destroy the Software forthwith. 6. MISCELLANEOUS 6.1 This licence will be construed under the laws of New Zealand. 6.2 This licence contains the entire agreement between the parties and supersedes all prior agreements and/or understandings (oral or written) and any other communications between us relating to the Software. 6.3 Failure or delay by Livestock Targets Ltd in enforcing any right or provision of the licence is not to be deemed a waiver of such provision or right with respect to the breach. 6.4 If any provision of this licence is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this licence will remain in full force and effect. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS
aa
Example License Agreement.
LIVESTOCK TARGETS LIMITED END USER LICENCE AGREEMENT IMPORTANT NOTICE Read this Licence Agreement carefully before using The Software. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE FOR ANY PURPOSE, YOU ARE AGREEING TO BE BOUND BY THIS LICENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE YOU MAY NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. REFERENCE TO “THE SOFTWARE” INCLUDES THIS PROGRAM: LIVESTOCK TARGETS STOCK DRAFT AND ANY ENHANCEMENTS THAT MAY BE MADE IN THE FUTURE. 1. GENERAL 1.1 LIVESTOCK TARGETS STOCK DRAFT is protected by copyright laws and international copyright treaties. 1.2 The Software is licensed, not sold, and you never acquire any other rights in the Software other than a right to use in accordance with this Licence. 1.3 Livestock Targets Ltd may assign, sub-licence, sub-contract, mortgage or otherwise transfer this licence or any of its rights or obligations under it. 2. CONDITIONS OF THE SOFTWARE LICENCE 2.1 You are not permitted to install or use the Software except in accordance with this licence. In consideration of your agreement to the terms of this Licence, Livestock Targets Ltd grants you a non-exclusive right ('Licence') to install and use the Software as permitted by this Licence. 2.2 YOU ARE PERMITTED: 2.2.1 to install, store and use only one copy of the Software on one computer at any one time and not via any network or by means of remote or other access except as otherwise agreed between us in writing in advance; and 2.2.2 to make necessary back-up copies of the Software in support of your permitted use of the Software. This Licence does not allow you to make any other copies of the whole or any part of the Software. 2.3 YOU MAY NOT NOR PERMIT OR ALLOW OTHERS TO: 2.3.1 install, use or copy the Software except as permitted by this Licence; 2.3.2 transfer or assign or sub-licence the Software or this Licence on a permanent or temporary basis to any other party; 2.3.3 sell, distribute, rent, loan, lease, sub-licence or otherwise deal in the Software; 2.3.4 alter, adapt, merge, modify or translate the Software in any way for any purpose, including, without limitation, for error correction; 2.3.5 reverse-engineer, disassemble or decompile the Software; 2.3.6 remove, change or obscure any product identification or notices of rights and restrictions on or in the Software; or 2.3.7 copy or distribute the documentation accompanying the Software except as reasonably required for your own use in accordance with the terms of this Licence. 3 ON-LINE LICENCE ACTIVATION 3.1 In activating the Software you confirm that we may use the information that you provide us, or we already hold about you, or which we receive from our payment and software activation processor to record and confirm your identity. Our payment and software activation processor will gather the information that you provide together with other hidden system identifiers relating to your computer and/or the network to which it is connected. Our payment and software activation processor will pass that information to us and maintain a copy itself. The purposes of us gathering this information are for the administration of our software licences and the prevention, detection and investigation of fraud or the infringement of our intellectual property rights. Processing of this information may take place outside your country. 4 DISCLAIMERS 4.1 DISCLAIMER OF WARRANTIES THE SOFTWARE IS SUPPLIED "AS IS". LIVESTOCK TARGETS LTD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. LIVESTOCK TARGETS LTD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. 4.2 DISCLAIMER OF DAMAGES LIVESTOCK TARGETS LTD ASSUMES NO LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE USE OF THE SOFTWARE, EVEN IF LIVESTOCK TARGETS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE THE SOFTWARE HAS BEEN PURCHASED FOR BUSINESS USE, THE CONSUMER GUARANTEES ACT 1993 WILL APPLY. DESPITE ANY OTHER PROVISION, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF LIVESTOCK TARGETS LTD IN RESPECT OF THE SOFTWARE IS TO REFUND THE PURCHASE PRICE OF THE SOFTWARE. 5. TERM 5.1 This licence is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate immediately without notice to you if you fail to comply with any term or condition of this licence. Upon termination, you agree to destroy the Software forthwith. 6. MISCELLANEOUS 6.1 This licence will be construed under the laws of New Zealand. 6.2 This licence contains the entire agreement between the parties and supersedes all prior agreements and/or understandings (oral or written) and any other communications between us relating to the Software. 6.3 Failure or delay by Livestock Targets Ltd in enforcing any right or provision of the licence is not to be deemed a waiver of such provision or right with respect to the breach. 6.4 If any provision of this licence is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this licence will remain in full force and effect. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS