This license statement and limited warranty
constitutes a legal agreement ('License Agreement') between you and all
other associated entities (either as an individual or an entity) ON THE
ONE PART and Measurement And Conversion Software (henceforth referred to
as 'M.A.C Software') ON THE OTHER PART for all computer applications,
any updates or supplements, online or electronic documentation, printed
documentation, and example files created by M.A.C Software (collectively
and severally referred to as the 'Software')
By installing, copying, or otherwise using
the Software, you agree to be bound by all other terms and conditions of
the License Agreement. If you do not understand or do not accept these
terms, you must stop using the Software immediately.
M.A.C Software grants to you a
non-exclusive, non-transferable license to use the Software.
TITLE AND COPYRIGHT
M.A.C Software and/or its licensors
owns all copyright, trade secret, trademark, patent, and any other
intellectual property or proprietary rights in and to the Software. The
copyright laws of Australia and international copyright treaties protect
the Software. Title, ownership rights, and intellectual property rights
in and to any content accessed through the Software is the property of
the applicable content owner and may be protected by applicable
copyright or other law. This License Agreement gives you no rights to
such content.
UPGRADES
If the Software is an upgrade, you may use
or transfer the Software only in conjunction with the upgraded product.
The upgrade version of the Software and the Software you upgraded
constitute a single product. After the upgrade, you may use only the
upgraded product in accordance with the License Agreement that came with
the upgrade.
OTHER RIGHTS AND LIMITATIONS
You MAY NOT:
a) modify, translate, reverse engineer,
decompile, or disassemble the Software, except and only to the extent
that applicable law notwithstanding this limitation expressly permits
such activity. You acknowledge that the Software in source code form
remains a confidential trade secret of M.A.C Software and/or
its suppliers.
b) create derivative works based on the
Software.
c) use the Software or any derivative
in any form of program which would be generally competitive with or a
substitute for M.A.C Software's product line, except by written
agreement with M.A.C Software.
d) rent, lease, lend, sublicense the
Software or any of the documentation
e) modify or remove any proprietary notices
or labels on the Software including any copyright notice, or any 'about'
dialog or the method by which it may be invoked.
f) sell or resell copies of the complete or
partial Software or any of the documentation.
g) use M.A.C Software's names, logos, or
trademarks, except to state that you use this Software. You will
indemnify and hold M.A.C Software and its related entities harmless from
and against any claims or liabilities arising out of any use of the
Software.
SECURITY
You shall notify M.A.C Software immediately
on becoming aware of any unauthorized modification of the whole or any
part of the Software.
WAIVER
No forbearance, delay or indulgence by a
party in enforcing the provisions of this License Agreement shall
prejudice or restrict the rights of that party, nor shall any waiver of
those rights operate as a waiver of any subsequent breach.
TERMINATION
The license will terminate automatically if
you fail to comply with any of the terms of this License Agreement. On
termination, you must destroy all copies of the Software and
documentation. You must also stop using the Software and completely
remove it from any computers on which it is installed.
DISCLAIMER OF WARRANTY
M.A.C Software makes no representation or
Warranty that the Software or documentation are 'error-free', or meet
any user's particular standards, requirements, or needs. The entire risk
as to the quality and performance of the Software in your environment is
borne by you. Should the Software prove defective, you and not M.A.C
Software assume the entire cost of any service and repair. M.A.C
Software provides no Warranty at all to any person.
Under no circumstances and under no legal
theory, tort, contract, or otherwise, shall M.A.C Software or
its suppliers be liable to you or any other person or entity for any
indirect, special, incidental, or consequential damages of any character
(including, without limitation, damages for loss of goodwill, work
stoppage, loss of profit, computer failure or malfunction, or any and
all other commercial damages or pecuniary losses) arising out of the use
of or inability to use the Software product or the provision of or
failure to provide support services.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is
not designed, manufactured or intended for use as on-line control
equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, direct life support
machines, weapons systems, aircraft navigation or communication systems,
or air traffic control, in which the failure of the Software could lead
directly to death, personal injury, or severe physical or environmental
damage ('High Risk Activities'). M.A.C Software and its suppliers
specifically disclaim any express or implied Warranty of fitness for
High Risk Activities.
MISCELLANEOUS
This agreement shall be governed by,
construed, and interpreted in accordance with the laws of the State of
Victoria, Australia. This License Agreement represents the complete
agreement concerning this license between the parties and supersedes all
prior agreements and representations between them.
These Terms and Conditions may not be
waived, amended, or modified in any way except through a written
agreement signed by M.A.C Software. If any one or more provisions of the
License Agreement are found to be illegal or unenforceable, the
remaining provisions will be enforced to the maximum extent possible.
M.A.C Software reserves all other rights and
restrictions not specifically granted in this License Agreement.