KRYPTON SUITE SOURCE LICENCE AGREEMENT FOR END-USERS
OWNERSHIP AND RIGHTS
1.0 This software program is owned by Component Factory Pty Ltd (Australian ABN 82 119 136 980) (“Component Factory”) and is protected by Australian and international copyright laws.
2.0 All references to "the program" include the content of the software comprising the program and the relevant code for use of the software which together comprise a product called the Krypton Suite Source.
3.0 All references to “Component Factory” shall be deemed to include any of its assigns, successors-in-title, licensors, suppliers, distributors or dealers who may have been granted various rights by Component Factory in respect to the Krypton Suite Source product.
4.0 You may not transfer or distribute the source code of the program, electronically or otherwise, without the prior written permission of Component Factory. You may, however, compile the source code and such runtime component of the compiled assembly may be distributed with the relevant applications, without the prior consent of Component Factory.
5.0 You must read the full licence terms and conditions below before installing the program on your computer. This Licence provides you with limited rights to use the program, conditional upon your continued compliance with these terms and conditions. By downloading and installing the program on your computer, you agree and accept the terms and conditions of this Licence.
END-USER LICENCE
6.0 You may use this program on multiple computers. You may register with Component Factory as a user of the program, by contacting Component Factory at [email protected].
7.0 Except for installation and maintenance of the program by you for your own authorized use on the computer or computers covered by the licence package you have purchased, you may not electronically transfer, transmit or provide access to the program from one computer to another computer not owned by you over a network, the Internet or any other means, including, without limitation, making the program, its features or results available through an application service provider or the like.
8.0 You may not distribute, sub-licence or otherwise make available copies of the source code or of any explanatory notes about the program to other persons in any form, electronic or otherwise. You may, however, compile the source code and such runtime component of the compiled assembly may be distributed with the relevant applications compiled by you without the prior consent of Component Factory.
9.0 You may not modify or translate the source code, except for your private or internal use. You may not otherwise modify or translate other parts of the program or any explanatory notes about the program without the prior written consent of Component Factory.
10.0 You may make one (1) copy of the program solely for back-up purposes. You may not use, copy, modify, or transfer the program or any explanatory notes about the program, or any copy, except as expressly provided in this Licence.
11.0 You must not use the program for any unlawful purpose, including infringement of the copyright or other proprietary rights of others, or use the program in any illegal manner or for the creation or distribution of illegal content.
12.0 You agree to indemnify Component Factory for any and all claims arising from any violation by you of this Licence.
EXCLUSION OF WARRANTY
13.0 The program has been designed and the code written specifically for the purpose of application building, including interface design and enhancements.
14.0 Component Factory makes no representations in respect to the purpose for which the program is purchased, as it has no knowledge or information in respect to the application intended by you as Licensee. By downloading and installing the program onto your computer, you acknowledge you have ascertained the suitability of the program for your purpose. Accordingly, this software program is provided “as is” without warranty of any kind, either express or implied, including but not limited to any implied warranty of merchantability, non-infringement, or fitness for a particular purpose, all of which are specifically disclaimed, to the maximum extent permitted by law.
15.0 The entire risk as to the results and performance of the program is assumed by you. Should the program prove defective, you (and not Component Factory) assume the entire cost of all necessary servicing, repair or correction.
16.0 Component Factory does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free.
17.0 If the program has been licensed to you on one or more computer discs (“CD”), Component Factory warrants to you, the original Licensee, that the CD on which the program is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery, as evidenced by a copy of your receipt.
18.0 The above express warranty is specifically limited to its terms, and to the extent inconsistent with any disclaimer of warranty contained in this Licence and is not intended to otherwise limit such disclaimer.
19.0 Component Factory shall not be liable for any direct, indirect, consequential or incidental damages, lost profits, business interruption or loss of information arising out of the use, the results of use, or inability to use the program, or damage or loss caused by the program, even if advised of the possibility of such damages or claim.
20.0 To the maximum extent permitted by law, Component Factory’s entire liability and your exclusive remedy in the event of a breach of Component Factory’s obligations is limited to a refund of any licence fee you actually paid to Component Factory for the program.
TERM
21.0 This Licence is effective until terminated. You may terminate the Licence by destroying the program and the explanatory notes about the program and all copies of the same. This Licence is conditional upon your continued compliance with this Licence and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Licence. Licences issued expressly for trial and evaluation purposes terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the program and explanatory notes about the program in your possession or control.
GENERAL
22.0 This Agreement shall be governed by the laws of the State Victoria without regard to principles of conflict of laws and shall inure to the benefit of Component Factory, its successors and assigns. Any disputes relating to the Licence shall be adjudicated in the courts in the State of Victoria, and you hereby consent to the exclusive jurisdiction of such courts for the resolution of any such disputes. If for any reason a court of competent jurisdiction finds any provision of this Licence, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Licence shall continue in full force and effect.
23.0 Component Factory shall have the right, upon reasonable prior notice and during regular business hours, to audit/inspect any computer or computer network on which the program is installed to monitor compliance with the terms of this Licence, including but not limited to confirming the number of computers on which the program is used. You are responsible for ensuring compliance with the terms of this Licence by any persons you authorize to use this program, including but not limited to your employees, and for any violations of the terms of
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