Licence Agreement for See5/C5.0, and Cubist
This document is a legal agreement between you and RuleQuest Research
Pty Ltd ABN 17 075 861 602 of
30 Athena Avenue, St Ives, NSW 2075 Australia ("RuleQuest").
By downloading or using any or all of C5.0, See5, and Cubist,
or their documentation, you agree
to be bound by the terms of this agreement.
Software Licence
RuleQuest wishes to allow you the opportunity to
evaluate the software packages known as C5.0, See5, or Cubist
(hereinafter referred to jointly and severally as "the software").
To this end, RuleQuest grants you the right to use
a demonstration version of the software.
This version has limited functionality
and you acknowledge that you are aware of this limitation.
You may not use, copy, modify, or transfer the software, or any copy,
modification, or merged portion, in whole or in part,
except as expressly permitted by this agreement.
Any portion of the software merged into another program continues to be
subject to the terms and conditions of this Agreement.
You acknowledge that all rights in the software, including the rights to
modify the software and to incorporate it in other programs,
remain with RuleQuest.
Disclaimer of Warranty
The software (including documentation) is provided "as is"
without warranty of any kind. RuleQuest further disclaims all
implied warranties including, without limitation, any implied warranties
of merchantability or of fitness for a particular purpose.
The entire risk arising out of the use of the software
and documentation remains with you.
In no event shall RuleQuest or anyone involved in the creation or
documentation of the software be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits,
interruption of business activity, loss of business information,
or other monetary loss) arising out of the use or inability to use the
software or documentation.
You agree not to obtain or use the software in any state or country that
does not allow the exclusion or limitation of liability for
consequential or incidental damages.
Applicable Law
This Agreement shall be governed by the Laws of the
State of New South Wales in the Commonwealth of Australia.
You agree to submit to the jurisdiction of the Courts
of New South Wales.
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Licence Agreement for
Magnum Opus
This document is a legal agreement between you, G I Webb &
Associates
Pty Ltd ACN 087 875 527 (GIWA), and GIWA's agent RuleQuest Research Pty
Ltd ACN 075 861 602 (RuleQuest). By downloading or using this software
or its documentation, you agree to be bound by the terms of this
agreement.
Software Licence
GIWA wishes to allow you the opportunity to evaluate the software
package
known as Magnum Opus. To this end, GIWA grants you the right to
use
a demonstration version of Magnum Opus (hereinafter referred to
jointly and severally as "the software"). This version has
limited
functionality and you acknowledge that you are aware of this
limitation.
The licence shall be non-transferable and is not exclusive to
you.
You may not use, copy, modify, combine, incorporate or transfer the
software, or any copy, modification, or merged portion, in whole or in
part, except as expressly permitted by this agreement. Any portion of
the
software merged into another program continues to be subject to the
terms
and conditions of this Agreement.
You may not reverse engineer, decompile, or disassemble the software,
except and only to the extent that such activity is expressly permitted
by applicable law.
Disclaimer of Warranty
The software is provided "as is" without warranty of any kind. GIWA and
RuleQuest further disclaim all implied warranties including any implied
warranties of merchantability or of fitness for a particular purpose.
You
acknowledge that no representation or warranty has been made by GIWA or
RuleQuest as to the performance or functionability of the product or as
to the suitability of the product for your purposes.
The entire risk arising out of the use of the software and
documentation
remains with you. In no event shall GIWA, RuleQuest or anyone involved
in the creation or documentation of the software be liable for any
damages
whatsoever (including, without limitation, damages for loss of business
profits, interruption of business activity, loss of business
information,
or other monetary loss) arising out of the sale, use or inability to use
the software or documentation. You agree not to obtain or use the
software
in any state or country that does not allow the exclusion or limitation
of liability for consequential or incidental damages.
Acceptance
Upon installation of the software, you shall be responsible for ensuring
that the software is used in accordance with these conditions.
Ownership
You acknowledge that all intellectual property rights in the software
belong
to GIWA.
GIWA retains ownership of the software whether in its original form
or as modified by you during the term of the licence.
Copies
You may make such number of copies of the software as is necessary to
serve
your internal needs for the system's back-up and security. All copies of
the software shall be and remain the property of GIWA.
You shall not remove from the software or copies of the software
notices
of GIWA's ownership of the software.
You shall notify RuleQuest immediately on becoming aware of any
unauthorised
use or copying of the whole or any part of the software or of the
documentation.
Security
You shall be responsible for protecting the software at all times from
access, use or modification that is not authorised by this
agreement.
Entire agreement
This agreement constitutes the entire agreement between the parties
relating
to the software.
Waiver
No forbearance, delay or indulgence by a party in enforcing the
provisions
of this 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.
Severability
Should any part of this agreement be or become invalid, that part shall
be severed from this agreement. Such invalidity shall not affect the
validity
of the remaining provisions of the agreement.
Applicable Law
This agreement shall be governed by the Laws of the State of Victoria in
the Commonwealth of Australia. You agree to submit to the jurisdiction
of the Courts of Victoria.
Dispute resolution
Any dispute or difference arising in connection with this agreement
shall
be submitted to arbitration in accordance with, and subject to, the
Rules
for the Conduct of Commercial Arbitrations of the Institute of
Arbitrators,
Australia. During such arbitration, both parties may be represented by
a duly qualified legal practitioner. |