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I hereby acknowledge and agree to the Software License Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
UPON ACCEPTANCE OF YOUR ORDER BY PCRANGE PTY LTD, HEREIN REFERRED TO AS PCR YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PRESS THE "I DON'T AGREE" BUTTON TO CANCEL FURTHER PROCESSING OF YOUR ORDER.
The software you select in your order will be referred to in this License as the "Licensed Software".
1. LICENSE
PCR grants to the Client a limited non-exclusive License to install the Licensed Software on a single computer. The data generated by the Licensed Software may be stored or made available on more than one computer, but this License does not allow the Licensed Software to be run on or be executed by more than one computer. To allow the Licensed Software to be run on or be executed by more than one computer, the Client must acquire and dedicate a License for each separate computer which runs or executes the Licensed Software.
PCR also grants to the Client the right to reproduce the manuals and other documents relating to the installation and use of the Licensed Software (the "Documentation") only as required for the Client's authorized use of the Licensed Software.
This License is conditional upon the Client paying all applicable license fees and respecting the terms hereof.
2. OWNERSHIP AND LIMITS TO USE
The Licensed Software and the Documentation remain at all times the sole and exclusive property of PCR. In order to protect the rights of PCR, the Client undertakes to comply with the following:
(a) The Client shall not reproduce the Licensed Software beyond the number of permitted copies, nor shall the Client reproduce, distribute, transmit or provide access to the Licensed Software to or for the benefit of a third party;
(b) The Client shall not sublicense, loan, sell, or otherwise transfer all or part of the Licensed Software or Documentation or any interest therein to or for the benefit of a third party;
(c) The Client shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code; and
(d) The Client shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
3. MINIMUM CONFIGURATION
The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the minimum requirements prescribed by PCR.
4. TECHNICAL SUPPORT AND UPGRADES
PCR will make available to the Client, free of charge, upgrades of the Licensed Software and support via email and/or support tickets provided by PCR support staff. Support will be available for the lifetime of the product as long as the software subscription payment is made and is current. Lifetime purchases of the Licensed Software support is available for 6 months from the date of purchase. Client may wish to buy support packages to extend the support period.
Should support be required as a result of the Licensed Software ceasing to function as a result of a modification, adaptation or addition to the Licensed Software made by the Client or on its behalf, PCR will invoice the Client for all time spent to identify such malfunction and to carry out any remedial work at PCR's hourly rate then in effect for consulting services.
5. LIMITATION OF LIABILITY
THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, PCR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE,AND DOCUMENTATION, INCLUDING WITH RESPECT TO OR TECHNICAL SUPPORT AND UPGRADE. PCR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PCR SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF PCR SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY PCR HEREUNDER. This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.
6. INSTALLATION AND USE OF LICENSED SOFTWARE
The Client shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed Software.
7. CONFIDENTIALITY
The Client acknowledges that all information relating to the Licensed Software that it has obtained or shall obtain, including the source code of the Licensed Software, are of a confidential nature and are trade secrets exclusively owned by PCR.
The Client expressly undertakes to use the information relating to the Licensed Software it receives in conformity with this License and to hold such information in confidence without disclosing it to any third party during the term of this License and at all times subsequent to its termination or expiration for whatever reason. The Client shall not use the information relating to the Licensed Software for the benefit of third parties or to provide consulting services to third parties.
8. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed or time shared without the prior written consent of PCR. Any such assignment, transfer, delegation, sublicense or time sharing in breach of this undertaking is void and results in the immediate termination of this License.
9. REFUND POLICY
PCR does not provide any refunds on the Licensed software. A demo is available to peruse the features and usability of the software. Please try the demo before making the purchase.
10. TERMINATION
PCR shall have the right to terminate this License immediately without notice in the event that:
a) the Client breaches any of the terms and conditions of this License or refuses or neglects to pay the applicable license fees when they fall due; or
b) the Client files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Client and said petition is not discharged within thirty (30) days, or if the Client becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the Client comes into the possession of its creditors or of a governmental agency or of a receiver.
The Client undertakes in the event of termination of this License to immediately cease any and all use of the Licensed Software, to deliver up to PCR the Licensed Software and the Documentation, and to destroy any copies made.
11. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.
12. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable in the state of South Australia, Australia.
13. LANGUAGE
The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English.
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