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License Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE YOU WISH TO LICENSE. BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE REMOVE THE SOFTWARE FROM YOUR MACHINE AND RETURN THE CD-ROM COMPLETE WITH PACKAGING (IF APPLICABLE) TO YOUR SUPPLIER WITHIN SEVEN (7) DAYS OF RECEIPT FOR A FULL REFUND. USE OF ANY OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT WILL BE TREATED AS YOUR CONSENT TO THE TERMS OF THIS LICENSE.
Definitions
a. "EIS" means Eurofield Information Solutions Pty Limited.
b. "Software" means the computer program and related documentation delivered with this Agreement.
c. "Product" means the Software and the encoded data.
   
License
EIS grants you a non-exclusive, non-transferable license to:
a. Use the Product on a single terminal based computer.
b. Make copies of the Product for backup purposes ONLY. Except as provided above, you must not copy the Product in whole or in part and the copyright notices, as they appear on the original, must be included on any copy.
c. You must not reproduce, publish, disclose, disassemble, decompile or in any way attempt to reverse engineer the whole or any part of the Product.
d. You may not distribute, sublicense, rent or lease any portion of the Product.
   
Copyright and proprietary rights
a. The Product and any copies of the Product are proprietary to and the property of EIS and its suppliers, and title in the Product remains in EIS and its suppliers. All applicable rights in copyrights, trademarks, trade secrets and other intellectual property rights in the Product regardless of its type or form are and will remain in EIS and its suppliers, and are protected by Australian, US and international copyright laws.
b. The license and your right to use the Product terminate immediately if you violate any part of this Agreement. In the event of termination you must immediately destroy all copies of the Product or return them to EIS or your supplier.
   
Limited warranty
a. EIS warrants that the Software will perform substantially in accordance with the broad specifications outlined in the Help of the Product for a period of 90 days from your receipt of the Product. Any written or oral information given by EIS, EIS dealers, distributors or agents will in no way increase the scope of this warranty.
b. If the Software fails to comply with the warranty set out above, then EIS's entire liability and your exclusive remedy will be limited to the cost of replacing the Product or refunding to you the purchase price of the Product, at the option of EIS. This limited warranty applies for a period of ninety (90) days from receipt by you of the Product.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT.
d. In no event shall EIS be liable to you or any third-party for any special, indirect, exemplary, incidental or consequential damages, including any lost profit or lost savings, even if EIS has been advised, knows or should know of the possibility of such damages. In no event will EIS's liability based on any legal theory or cause of action exceed the total amount paid to EIS by you.
e. The warranties in this paragraph do not apply where the substantial non-performance arises from the nature or operation of the equipment on which the Product is used or the use of any materials or software not provided by EIS.
   
Termination
You may terminate this Agreement by destroying all copies of the Product or by returning all copies to EIS or your supplier.
   
General
a. You agree that this Software License Agreement constitutes the entire agreement between you and EIS relating to the license of the Software and supersedes all prior Agreements concerning the subject matter and may not be changed or terminated except by a written communication.
b. EIS is not bound by any provisions of any purchase order, receipt, acceptance, confirmation, correspondence or otherwise unless EIS agrees to the provision in writing.
c. This Agreement shall be governed by the laws of the State of NSW, Australia and the parties agree to submit to the jurisdiction of the courts of that State.
d. Failure of neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to be a waiver of that party's rights under this Agreement.