Buddy File Licensing agreement
Magic Modules Pty Ltd is willing to license the accompanying software to you only upon the condition that you accept all of the terms contained in this licence agreement. Read the terms and conditions of this licence carefully before using the software. By using the software, you agree to the terms and conditions of this agreement.
1 License to use. Customer is granted a non-exclusive and non-transferable license (License) for the use of Buddy File software in machine-readable form and accompanying documentation (Software) by the number of users for which the License fee has been paid. Each License allows the Customer to unlimited use of Buddy File at one physical location. The The License may be transferred to another party at the Customer's request, solely at Magic Modules' discretion.
2 Restrictions. Software is copyrighted and title to all copies is retained by Magic Modules and/or its licensors. Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be transferred, leased, assigned, or sublicensed, in whole or in part. You may not modify or create derivative works based upon the Software in whole or in part. If the Software was licensed to you for academic use, you may not use the Software for commercial product development.
3 Distribution. Customer is permitted to distribute the registered version of Buddy File software only where it is used with the Customer's own software products. Registered versions of Buddy File may not be distributed separately or with another software product whose purpose is to demonstrate, and/or make available, Buddy File to a third party. The Customer is not permitted to disclose registration codes to a third party. The unregistered version of Buddy File can be distributed without restrictions.
4 Technical Support. Customer will be eligible for technical support via electronic mail. Technical support will be provided to a single person, nominated by the Customer, for each License purchased. Upgrades to the Software may be sold separately, at Magic Modules' discretion.
5 Confidentiality. Software is confidential and proprietary information of Magic Modules and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorised disclosure or use.
6 Warranty. Magic Modules warrants that the media on which Software, if any, is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt. Otherwise, Software is provided AS IS, without a warranty of any kind. This warranty extends only to Customer as the original licensee. Customer's exclusive remedy and of Magic Modules' entire liability under this warranty will be the correction of defects in media or replacement of the media, or, if correction or replacement is not reasonably achievable by Magic Modules, the refund to Customer of the license fee paid, upon return of Software.
7 Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
8 Limitation of Liability. IN NO EVENT WILL MAGIC MODULES BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF MAGIC MODULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Magic Modules' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee charged for Software.
9 Termination. This license is effective until terminated. Customer may terminate this Licence at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Magic Modules if customer fails to comply with any provision of this license. Upon termination, Customer must destroy all copies of Software.
10 Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia.
11 Integration. This Agreement is the entire agreement between Customer and Magic Modules relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter, and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by a duly authorised representative of each party.
Copyright © 1997 - 2004 Magic Modules Pty Ltd
Level. 12, K-Tower 269 Wickham Street Fortitude Valley Qld 4006