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Multi-Batch EULA

 

ENGINEERING GRAPHICS (NSW) Pty.Ltd. (ABN 71 085 861 785 ) 

LICENCE AGREEMENT.

Please read this document carefully before proceeding.
This Agreement licenses the software to you and contains warranty and liability disclaimers. By loading on the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this Agreement.

If you do not wish to do so, do not install the software.

DEFINITIONS

(a) "Engineering Graphics (NSW) Software" means the software programs covered by this Agreement, 
and all related updates by Engineering Graphics (NSW) Pty. Ltd.

(b) "Engineering Graphics (NSW) Product" means the Engineering Graphics (NSW) Pty. Ltd. Software and any related documentation, models and multimedia content (such as animation, sound and graphics),
and all related updates supplied by Engineering Graphics (NSW) Pty. Ltd. 
( (a) & (b) collectively "the software")

(c) "End-User Product" means the output file generated by you, if any, using the Software. Examples of 
End-User Products include animations, presentations, interactive multimedia material, interactive 
entertainment products and the like.

(d) "The Licensor" means Engineering Graphics ( NSW) Pty. Ltd.

(e) "The Licensee" means any person, corporation or entity loading the software onto a computer or 
copying the software by any other method.

(f) "Site Licence" means a licence to use the software on one computer only ("the site")

(g) "Demo Version" means any discrete software program created by the Licensor and entitled
"Demo Version".


LICENCE

The Licensor grants you a licence as Licensee to:-

(a) Use the Software on a single computer. The SOFTWARE is in "use" on a computer when it is
loaded into temporary memory (i.e. RAM) or installed into permanent memory e.g. hard disk, 
CD-ROM, or other storage device) of that computer.

(b) Make one copy of the Software in machine-readable form solely for backup purposes. You must
reproduce on any such copy all copyright notices and any other proprietary legends found on the original.

(c) Certain rights are not granted under this Agreement, but may be available under a separate agreement.


(d) A site licence for Multi-Batch entitles an organisation to receive one copy of the distribution package and to duplicate the software as necessary for use within the organisation on the specified number of computers that you have purchased site Licences for.

Subject always to the conditions set out herein.


REGISTERED VERSION RESTRICTIONS

You may not make or distribute copies of the Software or electronically transfer the Software from one computer to another or over a network unless you have purchased the required number of site licenses to do so. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Software or any part thereof.


DEMO VERSION RESTRICTIONS

Distribution of DEMO VERSION of Engineering Graphics (NSW) Product

You are hereby licensed to make as many copies of the DEMO VERSION of Engineering Graphics (NSW)
Products as you wish; give exact copies of the ORIGINAL DEMO VERSION to anyone; and distribute
the DEMO VERSION of Engineering Graphics (NSW) Product in its unmodified form via electronic means.

There is no charge for the above.

You are specifically prohibited from charging , or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without any prior written permission.


OWNERSHIP

The foregoing licence gives you limited rights to use the Software.
You do not become the owner thereof and Engineering Graphics (NSW) Pty. Ltd. retains title to, the Software, and all copies thereof. All rights specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Engineering Graphics (NSW).


LIMITATION OF DAMAGES

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS."ENGINEERING GRAPHICS (NSW) PTY. LTD. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AND ASSOCIATED MATERIALS PROVIDED TO YOU, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ENGINEERING GRAPHICS (NSW) PTY. LTD. DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, ENGINEERING GRAPHICS (NSW) PTY. LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CRRECTNESS, ACCURACY, RELAIBILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENGINEERING GRAPHICS (NSW) PTY. LTD. OR ITS
AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS SITE MAY CONTAIN LINKS TO OTHER INTERNET SITES. THE LICENSOR MAKES NO ENDORSEMENT OR APPROVALS OF ANY
OF THE PRODUCTS, SERVICES OR INFORMATION
THAT ARE CONTAINED IN SUCH SITES. THE LICENSOR IS NOT RESPONSIBLE FOR THE CONTENT OF SITES THAT ARE LINKED TO THIS SITE. THE LICENSOR RESERVES THE RIGHT TO CHANGE, ALTER OR DELETE ANY INFORMATION ON THIS PAGE OR THIS SITE. YOU AGREE TO BE BOUND BY THE ADDITIONAL CHANGES, ALTERATIONS OR DELETIONS WHENEVER YOU VISIT THIS SITE. THE LICENSOR MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR MATERIAL CONTAINED ON THIS PAGE OR THIS SITE.


LIMITATION OF LIABILITY

THE LICENSOR OR ITS SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES IN ANY CIRCUMSTANCES AND UNDER NO LEGAL THEORY RELATED TO OR INCLUDING INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERUPPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, TRADE PRACTICES OR CONSUMER LAW, OR OTHERWISE. EVEN IF THE LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The limited warranty, exclusion of Licensee’s remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Engineering Graphics (NSW) Pty. Ltd. and you. You agree that Engineering Graphics (NSW) Pty. ltd. would not be able to provide the Software on an economic basis without such limitations.

Windows is a registered trademark of Microsoft Corporation.

All other trademarks and service marks are the property of their prospective owners.


TERMINATION

If you fail to comply with any of the limitations or other requirements described herein, this Agreement will terminate automatically. Upon termination, you must destroy all copies of any materials obtained from Engineering Graphics (NSW) Pty. Ltd or its web site.


MISCELLANEOUS

This licence is governed by the laws of the Commonwealth of Australia and the State of New South Wales, without reference to conflict of laws principles. This licence may not be modified except by a written addendum issued by a duly authorised representative of the Licensor. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. These terms and conditions of use represent the entire understanding relating to the use of this site. These terms and conditions of use prevail over any prior or contemporaneous, conflicting or additional communications that may be contained on other pages of this site.


 

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