Website Usage Policy
IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING
OR USING THE SOFTWARE
YOUR FUTURE EDGE END USER SOFTWARE AGREEMENT
This Software Agreement ("Agreement") is between
You (either an individual or an entity), the End User, and
Your Future Edge ("Your Future Edge"). The Agreement
authorizes you to use the Software specified in Clause 1
below, which may be stored on a CD-ROM, sent to You by electronic
mail, downloaded from Your Future Edge's Web pages or Servers
or from other sources under the terms and conditions set
forth below. This is an agreement on end user rights and
not an agreement for sale. Your Future Edge continues to
own the copy of the Software and the physical media contained
in the sales package and any other copy that You are authorised
to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading
or using the Software. By clicking on the "I Accept" button
while installing, downloading and/or using the Software,
You agree to the terms and conditions of this Agreement.
If You do not agree to all of the terms and conditions of
this Agreement, promptly click on the "Decline" or "I
Do Not Accept" button, cancel the installation or downloading,
or destroy or return the Software and accompanying documentation
to Your Future Edge . YOU AGREE THAT YOUR USE OF THE SOFTWARE
ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SOFTWARE.
As used in this Agreement, the term "Software" means,
collectively: (i) the software product identified above (ii)
all the contents of the disk(s), CD-ROM(s), electronic mail
and its file attachments, or other media with which this
Agreement is provided, including the object code form of
the software delivered via a CD-ROM, electronic mail or Web
page (iii) digital images, stock photographs, clip art, or
other artistic work ("Stock Files") (iv) related
explanatory written materials and any other possible documentation
related thereto ("Documentation"); (v) fonts (vi)
upgrades, modified versions, updates, additions (collectively "Updates"),
if any, licensed to You by Your Future Edge under this Agreement.
2. END USER RIGHTS AND USE.
Your Future Edge grants to You a non-exclusive, non-transferable
end user right to install the Software on the local hard
disk(s) or other permanent storage media of one computer
and use the Software on a single computer or terminal at
a time.
3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of
the Software except as follows:
(a) You may make one copy of the Software on magnetic media
as an archival backup copy, provided Your archival backup
copy is not installed or used on any computer. Any other
copies You make of the Software are in violation of this
Agreement.
(b) You may not use, modify, translate, reproduce or transfer
the right to use the Software or copy the Software except
as expressly provided in this Agreement.
(c) You may not resell, sublicense, rent, lease or lend
the Software.
(d) You may not reverse engineer, reverse compile, disassemble
or otherwise attempt to discover the source code of the Software
(except to the extent that this restriction is expressly
prohibited by law) or create derivative works based on the
Software.
(e) Unless stated otherwise in the Documentation, You shall
not display, modify, reproduce and distribute any of the
Stock Files included with the Software. In the event that
the Documentation allows You to display the Stock Files,
You shall not distribute the Stock Files on a stand-alone
basis, i.e., in circumstances in which the Stock Files constitute
the primary value of the product being distributed. You should
review the "Read-Me" files associated with the
Stock Files that You use to ascertain what rights You have
with respect to such materials. Stock Files may not be used
in the production of libellous, defamatory, fraudulent, infringing,
lewd, obscene or pornographic material or in any otherwise
illegal manner. You may not register or claim any rights
in the Stock Files or derivative works thereof.
(f) You agree that You shall only use the Software in a
manner that complies with all applicable laws in the jurisdiction
in which You use the Software, including, but not limited
to, applicable restrictions concerning copyright and other
intellectual property rights.
4. COPYRIGHT.
The Software and all rights, without limitation including
proprietary rights therein, are owned by Your Future Edge
and/or its licensors and affiliates and are protected by
international treaty provisions and all other applicable
national laws of the country in which it is being used.
The structure, organization and code of the Software are
the valuable trade secrets and confidential information
of Your Future Edge and/or its licensors and affiliates.
You must not copy the Software, except as set forth in
clause 3 (Limitations On End User Rights). Any copies which
You are permitted to make pursuant to this Agreement must
contain the same copyright and other proprietary notices
that appear on the Software.
5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE
/ DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
If the Software supports multiple platforms or languages,
if You receive the Software on multiple media, of if You
otherwise receive multiple copies of the Software, the number
of computers on which all versions of the Software are installed
shall be one computer. You may not rent, lease, sublicense,
lend or transfer versions or copies of the Software You do
not use. If the Software is an Update to a previous version
of the Software, You must possess a valid end user right
to such previous version in order to use the Update and You
may use the previous version for ninety (90) days after you
receive the Update in order to assist You in the transition
to the Update. After such time You no longer have a right
to use the previous version, except for the sole purpose
of enabling You to install the Update.
6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install
the Software. You may terminate this Agreement at any time
by permanently deleting, destroying and returning, at your
own costs, the Software, all back up copies and all related
materials provided by Your Future Edge. Your end user rights
automatically and immediately terminate without notice
from Your Future Edge if You fail to comply with any provision
of this Agreement. In such event, You must immediately
delete, destroy or return at Your own cost, the Software,
all backup copies and all related material to Your Future
Edge.
7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER
YOUR FUTURE EDGE, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT
HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE
WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS
OR OTHER RIGHTS. THERE IS NO WARRANTY BY YOUR FUTURE EDGE
OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION,
USE AND RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of Your
Future Edge other than as specifically set forth herein.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL YOUR FUTURE EDGE, ITS EMPLOYEES OR LICENSORS
OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE,
SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION
OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER
ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY
OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF YOUR FUTURE EDGE OR ITS LICENSORS
OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW
LIABILITY TO BE LIMITED, IN SUCH CASES, YOUR FUTURE EDGE,
ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL
BE LIMITED TO U.S. $50.
Nothing contained in this Agreement shall prejudice the statutory
rights of any party dealing as a consumer. Nothing contained
in this Agreement limits Your Future Edge's liability to
You in the event of death or personal injury resulting from
Your Future Edge's negligence. Your Future Edge is acting
on behalf of its employees and licensors or affiliates for
the purpose of disclaiming, excluding and/or restricting
obligations, warranties and liability as provided in this
clause 9, but in no other respects and for no other purpose.
10. TECHNICAL SUPPORT.
Your Future Edge has no obligation to furnish You with technical
support unless separately agreed in writing between You
and Your Future Edge.
11. EXPORT CONTROL.
The Software, including technical data, may be subject to
import or export controls in other countries. You agree
to comply strictly with all applicable import and export
regulations and acknowledge that You have the responsibility
to obtain licenses to export, re-export, transfer or import
the Software.
12. NOTICES.
All notices and return of the Software and Documentation
should be delivered to:
YOUR FUTURE EDGE
PO Box 645
Kent Town
South Australia, Australia 5071
13. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of Australia. All
disputes arising from or relating to this Agreement shall
be settled by a single arbitrator appointed by the Central
Chamber of Commerce of Australia. The arbitration procedure
shall take place in Adelaide, Australia in the English language.
If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its
terms. This Agreement may only be modified by a writing signed
by an authorized officer of Your Future Edge, although Your
Future Edge may vary the terms of this Agreement.
This is the entire agreement between Your Future Edge and
You relating to the Software and it supersedes any prior
representations, discussions, undertakings, end user agreements,
communications or advertising relating to the Software.
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