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EULA.txt
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2000-04-24
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WATTLE SOFTWARE END-USER LICENSE AGREEMENT
XMLwriter 1.2
1. GENERAL
This End-User License Agreement ("EULA") is a legal agreement between you and Wattle
Software for the Wattle Software products identified above, which may include computer
software and associated media, electronic documentation and printed materials ("The
Software"). By installing, copying, distributing or otherwise using The Software you agree
to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you
must not install, use or distribute The Software, and you must destroy all copies of The
Software that you have. If The Software was purchased by you, and you have not installed,
copied or otherwise used The Software, you may return it to Wattle Software for a full
refund.
The Software is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The Software is licensed, not sold and
always remains the property of Wattle Software.
2. LICENSING
If you have not paid the registration fee for The Software, you are hereby granted an
evaluation license to use The Software as described in Sections 1, 2.1 and Sections 3 - 10
below.
If you have paid the registration fee for The Software, you are hereby granted a license to
use The Software as described in Sections 1, 2.2 and Sections 3 - 10 below.
2.1. EVALUATION LICENSE
You may:
Subject to the terms of this EULA, use The Software for evaluation purposes without charge
for a period of thirty (30) days only ("Evaluation Period"). The Evaluation Period
commences when you first install or use The Software, and expires exactly thirty (30) days
later.
You may not:
Use The Software after the Evaluation Period has expired without payment of the
registration fee to Wattle Software.
Use of The Software after the Evaluation Period has expired requires payment of a
registration fee of $AUD 75 to Wattle Software. For more information about payment methods,
please see ORDER.TXT, included with The Software.
Use of The Software after the Evaluation Period has expired is in violation of this EULA,
and Australian and international copyright laws.
2.2. REGISTERED LICENSE
You may:
Subject to the terms of this EULA, use one copy of The Software on one computer.
The primary user of the computer on which The Software is installed may make a second copy
for his or her exclusive use on a portable or home computer.
You may also store or install a copy of The Software on a storage device, such as a network
server, used only to install or run The Software on other computers over an internal
network; however, you must acquire and dedicate a separate license for each separate
computer on which The Software is installed or run from the storage device. A license for
The Software may not be shared or used concurrently on different computers.
You may not:
Disclose to third parties, or publish your registration details via electronic or other
means.
3. RESTRICTIONS
You may not reverse engineer, decompile, or disassemble The Software, except and only to
the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
You may not rent, lease, or lend The Software except as described in Section 7 below.
4. TRANSFER OF RIGHTS
You may permanently transfer all of your rights under this EULA, provided you retain no
copies of The Software, you transfer all of The Software (including all component parts,
documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA.
If The Software is an upgrade, any transfer must include all prior versions of The
Software.
5. TERMINATION
Without prejudice to any other rights, Wattle Software may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such event, you must destroy all
copies of The Software.
6. COPYRIGHT
All title, including but not limited to copyrights, in and to The Software and any copies
thereof are owned by Wattle Software. All title and intellectual property rights in and to
the content which may be accessed through use of The Software 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 Wattle Software.
7. LIMITED WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATTLE SOFTWARE DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES.
WATTLE SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8. LIMITATIONS OF REMEDIES AND LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATTLE SOFTWARE BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WATTLE
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WATTLE
SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $AUD 5.00. BECAUSE
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. DISTRIBUTION
You are hereby licensed to make as many copies of the installation package for The Software
as you wish; give exact copies of the original installation package for The Software to
anyone; and distribute the original installation package for The Software in its unmodified
form via electronic or other means. The Software must be clearly identified as an evaluation
version where described.
You are specifically prohibited from charging, or requesting donations, for any such
copies, however made; and from distributing The Software including documentation with other
products (commercial or otherwise) without prior written permission from Wattle Software.
You are also prohibited from distributing components of The Software other than the
complete original installation package.
10. JURISDICTION
This EULA shall be governed by the laws of New South Wales, Australia.