Auscomp Smart Login - German 5.0.2

Auscomp Smart Login

Evaluation license agreement ("ELA")

1. About this agreement

1.1. This is a license for use of Auscomp SmartLogin computer software and any documentation that relates to it ("the software").

1.2. The software is the property of Auscomp Pty Ltd ACN 062 800 088, which has granted to Auscomp Worldwide Pty Ltd ACN 095 291 759. ("AuscompTM") the exclusive right to grant user licenses.

Auscomp Smart Login

Evaluation license agreement ("ELA")

1. About this agreement

1.1. This is a license for use of Auscomp SmartLogin computer software and any documentation that relates to it ("the software").

1.2. The software is the property of Auscomp Pty Ltd ACN 062 800 088, which has granted to Auscomp Worldwide Pty Ltd ACN 095 291 759. ("AuscompTM") the exclusive right to grant user licenses.

1.3. Auscomp Pty Ltd and Auscomp Worldwide Pty Ltd are Australian corporations.

1.4. The software is protected by local and international copyright laws and treaties. Nobody may install or use the software unless they have a license with AuscompTM.

2. How you enter this license

2.1. If you install or use the software, you are indicating your agreement to the terms in this license.

2.2. If you do not agree to these terms, you may not install or use the software.

3. The terms of your license

3.1. You have no rights but the ones set out in black & white in this agreement.

3.2. Before using the software, you must register it if the installation routine requires that you do so, providing true information.

3.3. You may install and use one copy of the software on each of one or more computers in order to test, evaluate or demonstrate it.

3.4. Your license lasts for 28 days after you first install the software, and then terminates automatically. If you install it on more than one computer, the license for all of them terminates when the license for the first of them terminates.

3.5. You may make one back up copy.

3.6. You may make and distribute complete and exact duplicates of the software to other persons who wish to evaluate it as long as (a) those persons agree to the terms of this agreement; and (b) you do not receive any fee for doing so; and (c) you do not bundle the software with any other product.

3.7. If the law that governs this agreement gives you additional rights to use the software that cannot be excluded, you have those rights.

4. What you may not do

You may not:

4.1. copy the software except as allowed by clause 3.5;

4.2. purport to give anyone else any rights in the software;

4.3. do anything that might reveal the source code of the software;

4.4. change the software;

4.5. retain or continue to use an older version of the software after you have installed a newer version;

4.6. allow anyone else to have your licensed copy of the software;

4.7. do anything else not allowed in black & white by this agreement.

5. If you breach this license

If you breach this license, AuscompTM may:

5.1. terminate this agreement; and/or

5.2. exercise any other right it has under law.

6. Following termination

If this agreement is terminated, you must:

6.1. stop using the software;

6.2. completely uninstall it;

6.3. destroy any copies you have; and

6.4. if AuscompTM requires it, prove that you have done all those things.

7. Ownership

Auscomp Pty Ltd is the sole owner of:

7.1. all title to and copyright in the software;

7.2. all copies of the software;

7.3. the trade mark names and logos AuscompTM and AuscompTM SmartLogin.

Auscomp Worldwide Pty Ltd is exclusively licensed:

7.4. to grant this license to you;

7.5. to use the trade mark names and logos AuscompTM and AuscompTM SmartLogin.

8. Warranties

8.1. AuscompTM supplies the software as-is without any express warranties, and excludes any implied warranties that can be excluded under law.

8.2. You accept that the software may or may not work as you intend or suit your purposes, even if AuscompTM was aware of them, and that it may not offer the same functionality as non-evaluation versions of the software.

8.3. You choose and use the software based entirely on your own judgement and at your own risk.

9. Damages

9.1. AuscompTM is not liable to you for any loss, damages or compensation, whether primary or direct, secondary, indirect, incidental consequential or special, pecuniary or non-pecuniary, foreseeable or unforeseeable, contractual, tortious or under statute arising in any way out of your installation or use of the software, even if AuscompTM knew that loss or damages were possible.

9.2. If the law that governs this agreement limits the operation of clause 9.1, then Auscomp’sTM liability for anything described in that clause can never exceed the reasonable costs of AuscompTM resupplying the software to you.

10. Modification of agreement

10.1. AuscompTM may modify this agreement on notice to you in accordance with clause 12.

10.2. Otherwise, this agreement is not modified or waived by any action of either party.

11. Applicable law

11.1. This agreement is governed by the laws of Victoria, Australia.

11.2. Any legal action relating to this agreement or the software must be taken in the courts of Victoria, Australia.

12. Notices

12.1. If you have registered the software with AuscompTM and supplied an email address, AuscompTM is deemed to have given you a notice when an email addressed to that address leaves Auscomp’sTM mail server.12.2. Alternatively, AuscompTM is deemed to have given you a notice when the notice has been published on its web site.

Auscomp SmartLogin © Auscomp Pty Ltd 2000-2003 -- All rights reserved. This notification must not be removed.