BScan456 1.15

EULA - End User License Agreement

BScan456 LICENCE JANUARY 2009

BY CLICKING THE "I AGREE" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "CANCEL" BUTTON.

TERMINOLOGY AND DEFINITIONS OF THIS LICENCE AGREEMENT

"SOFTWARE" - The "BScan456" software programs accompanying this license agreement, including program files BS456, BS45632, support files and documentation.

"LICENSOR" - The owner of the accompanying SOFTWARE, Jon Munro, Software Engineer, ABN 54 264 236 264.

"LICENSEE" - The individual or organization installing or using the SOFTWARE.

"APPLICATION" - The application files created using the SOFTWARE for the execution of the desired data collection activity.

"DEMONSTRATION" - The SOFTWARE before the application of a registration key.

"LICENCED EDITION" - The SOFTWARE after the application of the registration key by means of the registration process

ABOUT THIS AGREEMENT

This document represents a legally binding agreement between you (the "LICENSEE") and Jon Munro (the "LICENSOR"), superseding all previous such agreements. The agreement is the written terms set out herein.

SECTION I: GRANT

a) Grant of license.

The LICENSOR grants the LICENSEE a non-transferable and non-exclusive license to use the SOFTWARE and accompanying materials including any documentation in accordance with the scope of grant.

b) Scope of grant for the "LICENCED EDITION":

Under this license the LICENSEE is given the following rights:

- The LICENSEE may use the SOFTWARE on one (1) Windows Pocket PCs.
- The LICENSEE may use the SOFTWARE on one (1) Windows desktop, laptop or notebook PCs. The computers may be part of a network of computers under the control of the LICENSEE.

- The LICENSEE may make a copy of the SOFTWARE onto an appropriate storage medium for backup security purposes.

- The LICENSEE may access all upgrades to the SOFTWARE at the BScan456 web site. Upgrades made within 12 months of purchase of the SOFTWARE will be provided without a fee, a fee may be charged by the LICENSOR for upgrades beyond 12 months from the date of purchase.

- APPLICATIONS developed by the LICENSEE are the property of the LICENSEE. The LICENSEE may distribute the application files developed with the SOFTWARE, either for sale or without a fee.

The LICENSEE may not:

- Copy the SOFTWARE and distribute it to other parties, either for sale or without a fee.

- Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE.

- Remove any proprietary notices or this license agreement from the SOFTWARE.

SECTION II: TITLE

The SOFTWARE is owned by the LICENSOR, Jon Munro. The LICENSOR will retain all title, ownership rights, copyright and intellectual property rights to the SOFTWARE and its accompanying materials.

SECTION III: WARRANTY

The LICENSOR warrants the SOFTWARE functions for 90 days from the date of purchase, the warranty extends to use of the SOFTWARE in accordance with documentation accompanying the SOFTWARE.
The LICENSOR will promptly attend to alleged specific defects or errors, subject to the LICENSEE providing sufficient description of the alleged defects or errors.

APPLICATIONS developed by the LICENSEE are the responsibility of the LICENSEE and may be fully developed and tested to a satisfactory performance using the DEMONSTRATION version of the SOFTWARE. It is the responsibility of the LICENSEE to fully satisfy performance requirements of the developed application prior to the payment of the non-refundable registration fee.

The SOFTWARE is not designed nor intended for use in high risk activities where the failure of the SOFTWARE could lead directly to death or personal injury. The LICENSOR specifically disclaims any express or implied warranty of fitness for use of the SOFTWARE in these activities.

SECTION IV: LIABILITY

Except as stated in Warranty, the LICENSOR is not under any liability to the LICENSEE in respect of loss or damage (including consequential loss or damages), however caused, which may be suffered or incurred, directly or indirectly, by the LICENSEE through use of the SOFTWARE and applications files developed with the SOFTWARE.. The LICENSEE indemnifies the LICENSOR from any losses and liabilities incurred by the LICENSEE through use of the SOFTWARE and applications files developed with the SOFTWARE.

SECTION V: TERMINATION

This license will be automatically terminated if the LICENSEE fails to comply with all of the limitations described within. Upon termination of the license, the LICENSEE must destroy all copies of the SOFTWARE in the possession of the LICENSEE.

SECTION VI: APPLICABLE LAW

The LICENSE agreement is governed by the laws of the State of Queensland, Australia, and the LICENSEE and LICENSOR agree to submit to the jurisdiction of the courts of the State of Queensland.

BY CLICKING THE "I Agree" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "Cancel" BUTTON.