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Before You Use This Product
This is a legal agreement between you and TechnoCo. By using this product you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the product including packaging and all accompanying items in good condition to your supplier for a refund.
Copyright and Indemnities
This product contains code and documentation covered by either license type GPL or a technoco license type. GPL code is identified as such. Details of GPL code are located under the GPL section in the Support section of the technoco web site. The following applies to that code and documentation not covered by license type GPL..
The term Software as used herein may equally refer and apply to firmaware being software embedded in any form of integrated circuit. Software and documentation accompanying it and described in it are copyrighted, with all rights reserved for TechnoCo. Pursuant to the Australian copyright laws, neither this manual nor the Software may be copied or otherwise reproduced, in whole or in part, without prior written consent of TechnoCo, except in the normal use of the Software. Any permitted copies must include the same proprietary and copyright notices as were affixed to the original. This exception does not allow copies of the Software or manual to be made for others, whether or not sold. Under these laws, copying includes translating into another language or format.
The Purchaser hereby acknowledges and agrees that the whole copyright and all other rights whatsoever subsisting in the Software or any part thereof and any future Software the same as, similar to, derived from, adapted from or incorporating elements of the Software are and shall be the exclusive property of TechnoCo and to the extent that the Purchaser may have any rights of ownership to any of the Software or part thereof the Purchaser hereby assigns to TechnoCo absolutely the whole of the copyright or other rights subsisting in such of the Software and in future Software the same as, similar to, derived from, adopted from or incorporating any of the Software.
The Purchaser hereby indemnifies and will keep effectually indemnified TechnoCo from and against all actions, proceedings, costs, damages, claims, demands, expenses, loss and liability whatsoever arising out of or by reason of any use or other dealing by the Purchaser with the Software or any part thereof.
In the event that this document does not constitute an assignment of both past and future copyright or other rights in the Software for the purposes of any copyright or other laws whatsoever the Purchaser hereby agrees to forthwith, upon TechnoCo's request, do all such reasonable things and execute all deeds and other documents necessary to effect such an assignment in accordance with this Agreement. The obligations of the Purchaser pursuant to this clause shall survive the termination or expiry of this agreement.
Software License
By using the enclosed software you are hereby agreeing to the included license agreement and the licensee/end user agrees to be bound by the terms of this Agreement. You have the non-exclusive right to use the enclosed Software on a single computer. You may physically transfer the Software from one computer to another provided that the Software is used on only one computer at a time. You may not electronically transfer the Software from one computer to another via a network. Multiple copy site licenses may be negotiated directly with TechnoCo. You may not distribute copies of the Software or related documentation. You may not rent or lease the software or related documentation. You may not use any part of this software with unlicensed copies of other programs. You may not modify or reverse engineer or dis-assemble or de-compile any part of the software. All copyright notices on the software and accompanying material where provided must be maintained.
Product Support
The licensee only is provided by TechnoCo with support as defined in any contracted support agreement.
Disclaimer
Information provided on supplied documention is subject to change without notice and does not represent a commitment on the part of TechnoCo. The software may be used or copied in accordance with the terms of the agreement. No part of any document may be reproduced or transmitted in any form or by any means, electronic or mechanical without the express written permission of TechnoCo.
Limited Warranty on Media
TechnoCo warrants the media on which the software is recorded to be free from defects in materials and faulty workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the sales receipt. TechnoCo will, at its option, replace or refund the purchase price of the media at no charge to you, provided you return the faulty medium with the sales receipt to TechnoCo or an authorised TechnoCo Dealer. TechnoCo shall have no responsibility to replace or refund the purchase price of a media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE.
Disclaimer of Warranty on Software
THE SOFTWARE is provided 'as is' without warranty of any kind, and TechnoCo expressly disclaims all implied warranties, including but not limited to the implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHNOCO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS , OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND WRITTEN MATERIALS IS ASSUMED BY YOU. TECHNOCO DOES NOT WARRANT THAT THE SOFTWARE WILL WORK CORRECTLY IN YOUR MULTI-USER OR NETWORK ENVIRONMENT. IF THE SOFTWARE IS DEFECTIVE, YOU, AND NOT TECHNOCO OR ITS DEALERS, DISTRIBUTORS, AGENTS , OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Complete Statement of Warranty
THE LIMITED WARRANTIES PROVIDED ABOVE ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY TECHNOCO ON THIS TECHNOCO PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TECHNOCO, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
IN NO EVENT WILL TECHNOCO, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR DIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS EVEN IF TECHNOCO OR AN AUTHORISED TECHNOCO REPRESENTATIVE HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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