This License Agreement is entered into between Open System Consultants Pty. Ltd, the owner of all rights in respect of the software referred to above (herein referred to as "licensor") of the one part and you, the licensee on the other.
Please read this document carefully before using the licensor software the subject of this license. This document constitutes a license to use the software on the terms and conditions appearing below.
The computer program(s) referred to above, and related documentation and materials (herein collectively referred to as "the Software") are licensed, not sold, to you for use only upon the terms of this license, and Licensor reserves any rights not expressly granted to you. Licensor retains ownership of all copies of the Software.
GRANT. Licensor hereby grants you a non-exclusive license to use the Software upon payment of the License Fee. You may also download and use any subsequent updates of the Software. Licensor makes no guarantee of the frequency, value, applicability or content of such future updates and modifications. This and any future releases will only be made available to you in electronic form for download. You are not entitled to any support or assistance.
You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and any derived works shall remain in Licensor. The Software is protected by the copyright laws of Australia and international copyright treaties.
DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF LICENSOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. Upon termination of this License for any reason, you shall have no right to refund of the whole or part of the License Fee.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the laws of the State of Victoria. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
A Single CPU License allows the software to be used on a single CPU owned and operated by you. A Site License allows the software to be used on one or more CPU's owned and operated by you.
Company Name _________________________________________________ Contact Name _________________________________________________ Address _________________________________________________ _________________________________________________ _________________________________________________ Contact Phone _________________________________________________ Email Address _________________________________________________ *** YOU MUST PROVIDE AN EMAIL ADDRESS FOR US TO SEND YOUR ACCESS PASSWORD TO Host(s) where Radiator will run ________________________________ (IP address or DNS name) I have read, understood and agree to all the Terms and Conditions of this License Agreement as attached. Signature _________________________________________________ of authorised company officer Name and Job Title _________________________________________________ Date _____________ [ ] Single CPU License Fee ($1000 Australian, approx US$670) or [ ] Site License Fee ($1600 Australian, approx US$1072) [ ] Optional email support contract. 1 year, up to 4 hours email support, business hours Australian EST. ($600 Australian, approx US$412) [ ] I wish to pay by Credit Card Cardholder's _______________________________________________ name Cardholder's _______________________________________________ card billing address _______________________________________________ [ ] Mastercard [ ] Visa [ ] American Express [ ] Bankcard (Australian only) [ ] Diners Club Card Number _______________________________________________ Expires _________ Cardholder Signature _______________________________________ or [ ] I wish to pay by Telegraphic Transfer. Please send me account details for Telegraphic Transfers. or [ ] I wish to pay by cheque. Cheques may be paid in Australian dollars and drawn on an Australian bank or in US dollars drawn on a US bank. If you wish to pay in US dollars, please contact OSC for the current US dollar price. $Revision: 1.12 $
Fax (Credit Cards only) | (03) 9598 0955 (within Australia) +61 3 9598 0955 (outside Australia) |
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Mail (Cheques or Credit Cards) | Open System Consultants 24 Bateman St Hampton VIC 3188 Australia (Do Not Send Cash) |