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End User Licence Agreement For NetWin Software
Product:
WebNews, The Web NEWS System
IMPORTANT - Read this Licence Agreement Carefully:
This Licence Agreement (LA) is a legal agreement between you (either
an individual or a single entity) and NetWin Limited for the NetWin Software
Product identified above, which includes computer software, and may also
include associated media, authorization keys and online or other documentation
("Software Product" or "Software").
By installing, copying, or otherwise using the Software Product, you
are agreeing to be bound by the terms of this LA. If you do not agree
to the terms of this LA, you may not install, copy or otherwise use the
above software.
Software Product Licence
The Software Product is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The Software Product is licenced, not sold.
1 Grant of Licence.
This Licence Agreement grants you the following rights:
1.1 Systems Software. You may install and use one copy of the Software
Product on a single computer, which may be connected at any point in time
to an unlimited number of computers operating on one or more networks.
1.2 Licence FEES. You may use the software for a single period not exceeding
1 calendar month, following the month of installation, for the purpose
of evaluating the software (the evaluation period) at no charge. In order
to use the Software beyond this evaluation period you MUST register your
copy and pay the applicable fee(s).
2. Description of other Rights and Limitations
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that such an activity is expressly permitted
by applicable law notwithstanding this limitation.
2.2 Rental. You may not lease or rent the Software Product.
2.3 Proprietary notices. You may not remove any proprietary notices or
labels on the Software Product.
2.4 Software Transfer. You may permanently transfer all of your rights
under this LA, provided that you advise NetWin LTD of this. You retain
no copies and transfer all of the Software Product (including all component
parts, the media and printed materials and any upgrades), AND the recipient
agrees to the terms of this LA. If the Software Product is an upgrade,
any transfer must include all prior versions of the Software Product.
2.5 Termination. You may terminate this Software Product Licence at any
time. In addition, without prejudice to any other rights, this Agreement
and the licence granted hereunder will terminate automatically if you
fail to comply with the terms and conditions described herein. Upon termination,
you must destroy all copies of the Software and Documentation. Your obligations
to pay accrued charges and fees shall survive any termination of this
Agreement.
2.6 Authorization Keys. Authorization keys may be installed and enabled
for use in only one licence control utility. You may not modify or make
inoperable authorization keys or licence control utilities.
3. Copyright
All title and copyrights in and to the Software Product, and accompanying
printed materials are owned by NetWin LTD. The Software Product is protected
by copyright laws and International treaty provisions. Therefore, you
must treat the software product like any other copyrighted material, except
that you may either:
(a) make one copy of the SOFTWARE PRODUCT, solely for backup or archival
purposes, or
(b) install the software product on a single computer, provided that
you keep the original copy solely for backup or archival purposes.
The software WebNews is Copyright © 2000 NetWin LTD, New Zealand,
All rights reserved.
The software remains the sole and exclusive property of NetWin at all
times.
4. Updates and Technical Support:
Upon registration and payment of the appropriate fee(s), NetWin LTD,
for the specified period from the date of registration of the Licensed
Software, will make available to you Technical Support in the manner and
under the guidelines set forth in the Licenced Software User Documentation.
These may be modified from time to time by NetWin, at its discretion and
without notice. NetWin may, from time to time, revise or update the licenced
software. In so doing, NetWin incurs no obligation to furnish such revision
or updates to you. Updates and further support terms are available to
you on the same basis as NetWin makes them available to it's other licencees,
at the current prices of the time.
5. Disclaimer of Warranty
The Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk
as to the quality and performance of the Software is borne by you. Should
the Software prove defective, you (and not NetWin or it's suppliers) must
assume the entire cost of any service and repair. In addition, the security
mechanisms implemented by NetWin software have inherent limitations, and
it is you that must determine whether the Software sufficiently meets
your requirements. This disclaimer of warranty constitutes an essential
part of the agreement.
6 Limitation of Liability
To the maximum extent permitted by applicable law, any conditions or
warranties imposed or implied by law are hereby excluded. Consumers may,
however, have the benefit of certain rights or remedies in respect of
which liability may not be excluded. Insofar as such liability may not
be excluded, then to the maximum extent permitted by law such liability
is limited, at Netwin’s exclusive option, to either
(a) the price paid for the SOFTWARE or
(b)replacement of the SOFTWARE.
7 Exclusion of Liability/Damages
The following is without prejudice to any rights which you may have under
law, which cannot legally be excluded or restricted. You acknowledge that
no promise, representation, warranty or undertaking has been made or given
by NetWin (or related company ) to any person or company on it's behalf
in relation to the profitability of, or any other consequences or benefits
to be obtained from, the delivery or use of the SOFTWARE and any accompanying
NetWin Supplied software, manuals or other materials. You have relied
upon your own skill and judgement in deciding to acquire the SOFTWARE
and any accompanying manuals or other materials for use by you. Except
as and to the extent provided in this agreement, neither NetWin nor any
related company will in any circumstances be liable for any other damages
whatsoever (including, without limitation, damages for loss of business,
business interruption, loss of business information or any other indirect
or consequential loss) arising out of the use, inability to use, supply
or non-supply of the software and any accompanying written materials.
Netwin’s total liability under any provision of this agreement is
in any case limited to the amount actually paid by you for the software.
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NetWin will make reasonable efforts to solve any reported problems, but
we must limit our legal liability for obvious reasons too.
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