Licence Agreement for
See5/C5.0, Cubist, and GritBot
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 this software or its documentation you
agree to be bound by the terms of this agreement.
Definitions
"The software" means the executable version only of the
RuleQuest software product for which you have paid a
licence fee to RuleQuest, including all documentation
therewith.
"The licensed computer" means the computer nominated by
you at the time you paid a licence fee to RuleQuest, or any
computer to which RuleQuest has agreed to transfer the
licence.
Software Licence
RuleQuest grants you the right to use the software on the
licensed computer. If you have paid for a network licence,
this right is extended to all computers that are connected to
the licensed computer by a local area network, subject to
the number of concurrent users not exceeding the maximum
number appropriate to the licence fee that you have paid.
You may copy the software as required for backup and
archival purposes.
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 may not reverse engineer, decompile, or disassemble
the software, except and only to the extent that such activity
is expressly permitted by applicable law.
You must not assign or grant sub-licences of any of your
rights under this agreement or provide the software to third
parties or permit any third parties to use or modify the
software.
You acknowledge that all right, title and interest in the
software, including the rights to modify the software and to
incorporate it in other programs, remain with RuleQuest.
Disclaimer of Warranty
To the extent permitted by law, the software is provided "as
is" without warranty of any kind. RuleQuest further
disclaims all implied warranties to the extent permitted by
law including, without limitation, any implied warranties of
merchantability or of fitness for a particular purpose. In the
event that any conditions or warranties are implied into this
agreement by operation of statute or otherwise, the liability
of RuleQuest for any beach of such conditions or warranties
is limited to, at RuleQuest"s sole discretion, in the case of
goods the replacement of the goods, supply of equivalent
goods or the repair of the goods, and in the case of services
resupply of the services again. The maximum aggregate
liability of RuleQuest for all claims under or relating to this
agreement or its subject matter whether in contract, tort
(including without limitation negligence), in equity, under
statute, under an indemnity or on any other basis, is limited
to an amount equal to the licence fees paid by you to
RuleQuest for use of the software. In no event shall
RuleQuest or anyone involved in the creation or
documentation of the software be liable for any special,
indirect, consequential, incidental or punitive damages
whatsoever (including, without limitation, damages for
economic loss, loss of business profits, revenue, goodwill,
bargain, anticipated savings, interruption of business
activity, loss of or corruption of business information or
data, or other monetary loss) arising out of the use or
inability to use the software or documentation, whether in
an action in contract, tort (including without limitation
negligence), in equity, under statute, under an indemnity or
on any other basis, whether or not such loss or damage was
foreseeable and even if advised of the possibility of the loss
or damage. 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.
Termination
RuleQuest may immediately terminate this agreement if you
use the software in breach of this agreement, by giving
notice of such termination to you. On termination of this
agreement you must immediately cease using and return to
RuleQuest or destroy all copies of the software in your
possession or control.
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.
General
If any part of this agreement is void or unenforceable that
part will be severable from and will not affect the
enforceability of the remaining provisions.
This agreement may be amended only by a written
document signed by the parties.
This agreement supersedes all previous agreements about
its subject matter and embodies the entire agreement
between the parties.
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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.
Definitions
"The software" means the GIWA software product for which you have paid
a licence fee to RuleQuest, including all documentation therewith.
"The licensed computer" means the computer nominated by you at the
time
you paid a licence fee to RuleQuest, or any computer to which RuleQuest
has agreed to transfer the licence.
GENERAL PROVISIONS
Software Licence
GIWA grants you the right to use the software on the licensed
computer.
The licence shall be non-transferable and is not exclusive to
you.
Use of the software is limited to the designated computer equipment,
unless the consent of RuleQuest is obtained to use the software on
alternative
equipment.
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 the purposes of the
purchaser.
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.
Licence Fee
The licence fee is exclusive of all taxes, duties and surcharges payable
in respect of the software and in respect of this agreement.
If payment is not made within the terms agreed at the time of supply
of the software, RuleQuest and GIWA shall be entitled to suspend their
remaining obligations under this agreement. Upon notification by GIWA or
RuleQuest of exercise of this provision, you shall immediately destroy
all your copies of the software.
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. |