ASTARICKS Plus 1.3

EULA - End User License Agreement

SOFTWARE LICENSE AGREEMENT

IMPORTANT - PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS SOFTWARE PRODUCT INSTALLATION:
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, SELECTING THE 'ACCEPT' BOX, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A SINGLE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN 'ACCEPT' BUTTON, OR USE THE SOFTWARE PRODUCT; AND, IF THE SOFTWARE PRODUCT WAS DOWNLOADED, DESTROY ALL COPIES OF THE SOFTWARE PRODUCT.

1. DEFINITIONS
(a) 'ASTARICKS' means ASTARICKS PTY LTD, Devonport, Australia. ACN: 163 933 471.
(b) ‘You’ means either an individual or a single entity.
(c) 'Software Product' means the software program and any third party software programs contained therein, in each case supplied by ASTARICKS PTY LTD herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to You.

2. GRANT OF LICENSE
Subject to the terms of this Agreement, ASTARICKS grants to You, a limited, non-exclusive, non-transferable, royalty-free, license to install and use the Software Product, solely for Your personal or internal business purposes, provided that you strictly conform to the following:

a.) Installation and Use
You may install and use the Software Product on any desktop computer, laptop or tablet that has a validly licensed copy of the Microsoft® Windows® 7 or Windows® 8 operating system (x86 and x64 editions), provided, however, that, notwithstanding anything contrary contained herein, You may not use the Software Product on any non-PC product or any embedded or device versions of the above operating systems, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/television or closed system based service.
b.) Backup Copies
You may make copies of the Software Product as may be necessary for backup and archival purposes.
c.) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the Software Product.
d.) Distribution
You may not distribute copies of the Software Product to third parties. All Software Products must be downloaded from official bona fide ASTARICKS websites, or, authorised distribution web sites, which ASTARICKS has selected at its discretion and has authorised as a distributor of the Software Product.
e.) Prohibition on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software Product.
f.) Rental
You may not rent, lease, or lend the Software Product.
g.) Modification
You may not modify the Software Product or create derivative works based upon the Software Product.
h.) Support Services
ASTARICKS may provide You with support services related to the Software Product ('Support Services'). Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Agreement.
i.) Compliance with Applicable Laws
In the event that You are located outside of Australia, You agree to comply with any laws, rules or regulations in Your locale or in the location of Your web server regarding online conduct and acceptable content, including laws regulating the export of data to Australia or Your country of residence, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users regarding use of the Software Product.
j.) Act Responsibly
You agree to be fully responsible for Your own conduct and content while using the Software Product and for any consequences thereof. You agree to use the Software Product only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Software Product, You will not:
• upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such Content;
• use the Software Product or other content for any illegal or unauthorized purpose;
• remove or alter any copyright, trademark or other proprietary rights notices contained in the Software Product or any other ASTARICKS content; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

This license applies to each copy of the Software Product that You make.

2.1 UPDATES, FIXES AND PATCHES
When You obtain an update, fix or patch to a Software Product, You accept any additional or different terms that are applicable to such update, fix or patch that are specified in its license agreement. If no additional or different terms are provided, then the update, fix or patch is subject solely to this Agreement. If the Software Product is replaced by an update, You agree to promptly discontinue use of the replaced Software Product.

2.2 FIXED TERM LICENSES
If ASTARICKS licenses the Software Product for a fixed term, Your license is terminated at the end of the fixed term, unless You and ASTARICKS agree to renew it.
2.3 TERM AND TERMINATION
This Agreement shall continue for as long as You use the Software Product. However, this Agreement will terminate automatically without notice from ASTARICKS if You fail to comply with any of its terms or conditions. In addition, ASTARICKS reserves all rights to discontinue Your access to the Software Product at any time, at ASTARICKS’ sole discretion, for any reason, with or without notice. You must agree, upon termination, to destroy all copies of the Software Product.
The Warranties Disclaimers and Liability Limitations set out below shall continue in force even after any termination. Upon the termination of the Agreement for any reason (i) all agreement rights granted herein shall terminate; and (ii) You shall immediately cease all use of the Software Product.
3. COLLECTION OF STATISTICAL INFORMATION
ASTARICKS software includes optional functional usage tracking capability which allows us to collect general statistical information about ASTARICKS software usage to improve the product. This information is collected on an anonymous basis and You may choose not to allow us to collect it. Please see http://www.astaricks.com/legal/privacy.php for details on how we use and collect such information.
4. COPYRIGHT AND OWNERSHIP
All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by ASTARICKS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by ASTARICKS. The Software Product is licensed, not sold.
5. WARRANTY DISCLAIMERS
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED ASTARICKS, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED 'AS IS' AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ASTARICKS NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE Software Product. NEITHER ASTARICKS NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANTS THAT THE OPERATION OF THE Software Product WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF ANY PASSWORDS AND/OR ENCRYPTION FEATURES WILL BE EFFECTIVE IN PREVENTING THE UNINTENTIONAL DISCLOSURE OF INFORMATION CONTAINED IN ANY FILE. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY SOFTWARE, INCLUDING THE SOFTWARE PRODUCT, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE THERE IS ANY RELIANCE ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF ALL USE OF THE COPIES OF THE SOFTWARE PRODUCT COVERED BY THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW, NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTARICKS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(AUSTRALIA ONLY) ALTHOUGH ASTARICKS SPECIFIES THAT THERE ARE NO WARRANTIES THE LICENSEE MAY HAVE CERTAIN RIGHTS UNDER THE TRADE PRACTICES ACT 1974 OR OTHER LEGISLATION AND ARE ONLY LIMITED TO THE EXTENT PERMITTED BY THE APPLICABLE LEGISLATION.
ASTARICKS SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6. LIABILITY LIMITATIONS
ASTARICKS, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, the Software Products. Any liability of ASTARICKS, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to ASTARICKS. Except to the extent expressly prohibited by applicable statutes, in no event shall ASTARICKS, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of the Software Products, or to Your relationship with, ASTARICKS, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
Except to the extent expressly prohibited by applicable statutes, in no event shall ASTARICKS, its affiliates or licensors be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the use of or inability to use the Software Product, even if ASTARICKS has been advised of the possibility of such damages. Except to the extent expressly prohibited by applicable statutes, in no event will ASTARICKS, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ASTARICKS shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
In addition, in no event does ASTARICKS authorize You or anyone else to use the Software Products in applications or systems where the Software Product’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at Your own risk, and You agree to hold ASTARICKS, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.
(Australia only) Where ASTARICKS is in breach of a condition or warranty implied by the Trade Practices Act 1974, ASTARICKS' liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
7. THIRD PARTY SOFTWARE
The Software Product may include third party code that ASTARICKS, not the third party, licenses to You under this Agreement. Notices, if any, for the third party code ('Third Party Notices') are included for Your information only. These notices can be found in the Software Product's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices ASTARICKS identifies third party code as 'Modifiable Third Party Code,' ASTARICKS authorizes You to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Software Product modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Your modifications to such third party code. ASTARICKS’ service and support obligations, if any, apply only to the unmodified Software Product.

8. GENERAL
a.) This License is the entire Agreement between You and ASTARICKS, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
b.) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
c.) If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.
d.) You authorise ASTARICKS and its subsidiaries (and their successors and assigns, contractors and ASTARICKS Business Partners) to store and use Your business contact information wherever they do business, in connection with ASTARICKS products and services, or in furtherance of ASTARICKS’ business relationship with You.
e.) Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
f.) Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
g.) Neither You nor ASTARICKS is responsible for failure to fulfil any obligations due to causes beyond its control.
h.) In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: 1) the performance or function of the Software Product; 2) the experiences or recommendations of other parties; or 3) any results or savings that You may achieve.
i.) The license and intellectual property indemnification terms of Your other agreements with ASTARICKS do not apply to Software Product licenses granted under this Agreement. Both parties agree that all information exchanged is non-confidential.
j.) If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement.