Licence Agreement
By logging in and payment of the licence fee you hereby acknowledge and accept the terms of the agreement below:
RED GRAVEL PUBLICATIONS LICENSE AGREEMENT – Web Based version – 17/11/10
1. THE PARTIES
1.1. This End-User License Agreement (‘EULA’) is a legal agreement between you (either an individual or a single legal entity) (“the end user”) and Red Gravel Publications for the online software program (the ’SOFTWARE’) that accompanies this EULA.
2. YOUR AGREEMENT
2.1. You agree to be bound by the terms of this EULA regarding the use of this online software.
3. GRANT OF LICENSE
3.1. In consideration of payment by the end user, the receipt of which is hereby acknowledged and subject to a software registration/activation procedure embodied or accompanying the SOFTWARE Red Gravel Publications grants the end user the right by way of a non transferable license for a limited term to use one copy of the SOFTWARE on a single computer or network server that is registered with Red Gravel Publications by way of the SOFTWARE registration/activation procedure.
3.2. The license may be a single user license or it may be a multi user license which is determined by the type of license that is purchased by you.
4. TERM AND RENEWAL OF LICENSE
4.1. The term of the license is 12 months which commences from the date the software functionality is enabled by way of the SOFTWARE registration/activation procedure.
4.2. Subject to a license renewal/activation procedure embodied or accompanying the SOFTWARE and completed by you the term of the license may be extended by further 12 month terms by renewing the license before the expiry of the term of a license.
4.3. The license renewal/activation procedure includes the timely payment of a renewal fee by you for the license.
4.4. Red Gravel Publications at its discretion may cease or refuse to renew a license without notice or justification at any time.
5. FUNCTIONALITY OF SOFTWARE
5.1. The functionality of the SOFTWARE is restricted to the type of license purchased and will not be functional for users in excess of the type of license purchased.
5.2. The functionality of the SOFTWARE is restricted to the particular computer or network server that it is initially installed on and registered/activated by way of the SOFTWARE registration/activation procedure and will not be functional if the SOFTWARE is installed on an other computer or network server.
5.3. The SOFTWARE will cease to become functional at the expiry of the term of the license unless the term of the license is timely renewed by you by the timely completion of the license renewal/activation procedure so that whilst you will be able to continue using the SOFTWARE after its expiration date in the sense that you will be able to view files created by you prior to that expiration date you will not be able to create any new files using the SOFTWARE nor will you be able to save any changes made by you to any files created by you using the SOFTWARE prior to that expiration date.
6. COPYRIGHT
6.1. The SOFTWARE and all of the copyright and intellectual property rights in the SOFTWARE, accompanying documentation and all copies thereof are owned by Red Gravel Publications, or its subsidiaries or their respective suppliers and is protected as applicable by Australian copyright laws, other Australian intellectual property laws, and international treaty provisions.
6.2. You must therefore not copy the SOFTWARE or any accompanying documentation in any unauthorised manner.
6.3. You may however for the sole purpose of backup security make a second copy of the SOFTWARE and keep it either on floppy disks or hard disk.
6.4. You may not copy any of the written materials accompanying the SOFTWARE.
6.5. Some of the intellectual property in the components of the SOFTWARE are not owned by Red Gravel Publications but have been licensed for use with the SOFTWARE.
6.6. These components as a minimum are subject to the same copyright restrictions as indicated in this EULA for the SOFTWARE.
7. ADDITIONAL SOFTWARE/SERVICES
7.1. This EULA applies for updates, supplements, add-on components, or Internet-based services components, of the SOFTWARE that Red Gravel Publications may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless they are accompanied by separate terms.
7.2. This EULA does not entitle you to any support service or updates as a matter of right.
8. UPGRADES
8.1. To use SOFTWARE identified as an upgrade, you must first be licensed for the SOFTWARE identified by Red Gravel Publications as eligible for the upgrade.
9. OTHER RESTRICTIONS
9.1. You may not rent, lease or loan the SOFTWARE to another party and you may not transfer the license of the SOFTWARE to another party.
9.2. You may not reverse engineer, decompile or disassemble the SOFTWARE or modify it in any way or incorporate it in other software.
10. LIMITED WARRANTY
10.1. Red Gravel Publications warrants that the SOFTWARE will perform substantially in accordance with the written material located on the Red Gravel Publications website for a period of 90 days from the date of receipt.
10.2. Red Gravel Publications and its suppliers entire liability and your exclusive remedy shall be at Red Gravel Publications’ discretion either:
10.2.1. (a) return of the price paid, less transport costs if any; or
10.2.2. (b) repair or replacement of the SOFTWARE that does not meet Red Gravel Publications’ limited warranty and which is returned to Red Gravel Publications with your receipt of purchase,
10.3. Red Gravel Publications and its suppliers disclaim to the extent permitted by applicable law all other expressed or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the SOFTWARE, the accompanying written materials and any accompanying data.
10.4. In no event shall Red Gravel Publications or its suppliers be liable for any damages or loss whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, loss of business opportunity or any other pecuniary loss) arising from the use or inability to use this Red Gravel Publications product, even if Red Gravel Publications has been advised of the possibility of such damages. In any case Red Gravel Publications’ entire liability under the provisions of this agreement shall be limited to the purchase price paid for the SOFTWARE.
11.0 WARRANTY BY END USER
11.1 In the event that RGP refund you the price paid pursuant to this Agreement, you warrant that you are not in breach of any intellectual property rights that are afforded to RGP as from the date of such refund
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