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- HOTDOG PROFESSIONAL 6 LICENCE TERMS
-
- WARNING: THESE ARE NOT THE ENTIRE LICENCE TERMS FOR THE
- ACCOMPANYING SOFTWARE ("THE SOFTWARE"). PLEASE CLICK HERE TO SEE THE
- REST OF THE CONTRACTUAL TERMS RELATING TO THE SOFTWARE, WHICH,
- TOGETHER WITH THESE TERMS, FORM THE "LICENCE TERMS".
-
- THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND MAY ONLY BE USED,
- TRANSMITTED OR REPRODUCED IN ACCORDANCE WITH THE LICENCE TERMS.
-
- DO NOT INSTALL, REPRODUCE, TRANSMIT, OR USE THE SOFTWARE UNTIL YOU
- HAVE READ AND ACCEPTED ALL OF THE LICENCE TERMS. PERMISSION TO USE
- THE SOFTWARE IS CONDITIONAL UPON YOU AGREEING TO THE LICENCE TERMS.
- INSTALLATION, REPRODUCTION, TRANSMISSION OR USE OF THE SOFTWARE BY
- YOU WILL BE DEEMED TO BE ACCEPTANCE OF THE LICENCE TERMS. ACCEPTANCE
- WILL BIND YOU TO THE LICENCE TERMS IN A LEGALLY ENFORCEABLE CONTRACT
- WITH SAUSAGE SOFTWARE.
-
- IF YOU DO NOT ACCEPT THE LICENCE TERMS, DO NOT INSTALL, REPRODUCE,
- TRANSMIT OR USE THE SOFTWARE.
-
- 1. In the licence terms: "Agreement" means the agreement comprising
- the licence terms, which agreement shall come into existence when and
- if you accept the licence terms; "free trial period", in respect of
- the software, means a period of 30 days commencing when you install
- the software, including any further period permitted by Sausage
- Software; "key" means an electronic device provided to you by Sausage
- Software, upon receipt of the licence fee, which enables the software
- to operate after the free trial period has expired; "licence fee"
- means the licence fee relating to the software, as shown at:
- https://secure.sausage.com/store/buyonline.html; "locked software"
- means the software, without a key; "Sausage Software" means Sausage
- Software (Holdings) Pty Ltd ACN 070 415 842, of the address indicated
- below; and "unlocked software" means the software, together with and
- operational through use of a key.
-
- 2. Subject to the Agreement, you are granted a free of charge, non-
- exclusive right during the free trial period to reproduce, transmit
- and use locked software on as many computers as you wish, provided
- that such software is used for evaluation purposes only. During the
- free trial period the locked software will operate without a key and
- the software licence granted in this clause shall be revocable by
- Sausage Software at any time for any reason and without need to show
- cause. Upon expiry of the free trial period, the software licence
- granted in this clause will immediately terminate and the software
- will no longer be operational without the use of a key.
-
- 3. If you wish to use the software after the free trial period, you
- must pay the licence fee to Sausage Software in accordance with the
- instructions contained in the software. Within a reasonable time
- after Sausage Software receives the licence fee, Sausage Software
- will provide you with a key.
-
- 4. Subject to the Agreement, if you pay the licence fee, you are
- granted a non-exclusive right to cause a single copy of unlocked
- software to be executed on a single central processing unit of a
- single computer at any one time. Subject to the Agreement, the
- licence granted in this clause 4 will continue until copyright in the
- software expires in the jurisdiction where the software is being used
- for the time being.
-
- 5. The software licence extends to any documentation which
- accompanies the software, provided that such documentation may not be
- copied, modified or used in any way not contemplated or expressly
- authorised by the Agreement.
-
- 6. You hereby undertake the following obligations:
-
- (a) to not copy, reproduce, transmit, translate, adapt, vary or
- modify the software, in whole or in part (including the part being
- the key), except as expressly authorised by the Agreement;
-
- (b) to ensure your employees, sub-contractors and others who are
- permitted by you to have access to the software are made aware of the
- terms of the Agreement and abide by them;
-
- (c) to not use unlocked software for or in connection with an
- outsourcing, service bureau or facilities management arrangement; and
-
- (d) to not make unlocked software available across a computer network.
-
- 7. You acknowledge and agree that:
-
- (a) the software is provided "as is" and is not warranted to be
- error free;
-
- (b) the existence of any errors in the software shall not constitute
- a breach of the Agreement;
-
- (c) the software is not warranted to be compatible or interoperable
- with any other software or any equipment; and
-
- (d) Sausage Software will not be liable or responsible for any virus
- or other aspect of the software which interferes with the normal
- operation of a computer and in any case which is not intentionally
- introduced by Sausage Software.
-
- 8. SUBJECT TO CLAUSE 11, ALL TERMS NOT EXPRESSLY STATED IN THE
- AGREEMENT (INCLUDING TERMS RELATING TO THE STANDARD OR QUALITY OF THE
- SOFTWARE OR THE FITNESS OF THE SOFTWARE (INCLUDING LOCKED SOFTWARE
- AND UNLOCKED SOFTWARE) FOR A PARTICULAR PURPOSE) ARE EXCLUDED FROM
- THE AGREEMENT.
-
- 9. SUBJECT TO CLAUSE 11, THE MAXIMUM LIABILITY OF SAUSAGE SOFTWARE
- FOR ANY CLAIMS, LOSS OR DAMAGE SUFFERED OR INCURRED IN ANY WAY
- RELATING TO THE SOFTWARE (WHETHER REFERABLE TO BREACH OF THE
- AGREEMENT, NEGLIGENCE OR OTHERWISE AND INCLUDING ANY NUMBER OF CLAIMS
- WHICH ARISE FROM A SINGLE EVENT) WILL BE THE LICENCE FEE.
-
- 10. SUBJECT TO CLAUSE 11, SAUSAGE SOFTWARE WILL NOT BE LIABLE FOR
- ANY INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER ARISING (WHETHER
- THROUGH A BREACH OF THE AGREEMENT, NEGLIGENCE OR OTHERWISE).
-
- 11. IN THE EVENT THAT ANY APPLICABLE LAW OR STATUTE IMPLIES ANY
- TERMS OR IMPOSES ANY LIABILITY ON SAUSAGE SOFTWARE WHICH CANNOT
- LAWFULLY BE EXCLUDED FROM THE AGREEMENT:
-
- (a) SUCH TERMS ARE INCLUDED IN OR, AS THE CASE MAY REQUIRE, SUCH
- LIABILITY IS NOT EXCLUDED BY, THE AGREEMENT; AND
-
- (b) THE LIABILITY OF SAUSAGE SOFTWARE FOR A BREACH OF SUCH TERMS OR,
- AS THE CASE MAY BE, SUCH LIABILITY, WILL BE LIMITED TO THE MAXIMUM
- EXTENT PERMITTED UNDER SUCH LAW OR STATUTE.
-
- 12. Nothing in the Agreement entitles you to support or maintenance
- services, updates or new releases in respect of the software.
- However, if Sausage Software in its absolute discretion supplies you
- with support or maintenance services, or updates or new releases in
- respect of the software, then such supply shall be subject to the
- Agreement and in particular the exclusions and limitations in
- clauses 8, 9, 10 and 11.
-
- 13. You acknowledge and warrant that:
-
- (a) you will acquire a key only after satisfying yourself as to the
- fitness of the software for the purpose to which you intend to put it;
-
- (b) you have not relied on any representation made by Sausage
- Software which is not stated expressly in the Agreement or upon any
- descriptions, illustrations or specifications contained in any
- document including catalogues or publicity material produced by
- Sausage Software.
-
- 14. You acknowledge that:
-
- (a) the software, including the key and all accompanying
- documentation, are the subject of copyright. You must not, at any
- time, directly or indirectly, do or cause to be done, any act which
- infringes that copyright and, without limiting the foregoing, you
- specifically acknowledge that you may not reproduce or copy the
- software or the key except as otherwise expressly authorised by the
- Agreement; and
-
- (b) all Sausage Software trade marks, including those shown at
- http://www.sausage.com/business/copyright.html
- are owned by Sausage Software. You must not, at any time, directly
- or indirectly, do or cause to be done:
-
- (i) anything which does or may infringe those trade marks; or
-
- (ii) anything which does or may diminish the value of those trade
- marks to Sausage Software.
-
- 15. You shall fully indemnify Sausage Software against all
- liabilities, costs and expenses which Sausage Software may incur as a
- result of a breach of the provisions of the Agreement by you or
- permitted by you.
-
- 16.1 Sausage Software may immediately terminate the Agreement and/or
- immediately revoke the licence granted in clause 4 in any of the
- following circumstances:
-
- (a) if you are in breach of any term of the Agreement;
-
- (b) if you, being a corporation, become the subject of insolvency
- proceedings;
-
- (c) if you, being a firm or partnership, are dissolved;
-
- (d) if you, being a natural person, die;
-
- (e) if you destroy the software and documentation for any reason;
-
- (f) any circumstances not contemplated by the Agreement occur which
- make it reasonable for Sausage Software to terminate the Agreement; or
-
- (g) Sausage Software gives you a notice of its intention to
- terminate the Agreement, and you do not, within 14 days of dispatch
- of that notice, communicate your intention to continue the Agreement.
-
- 16.2 Upon such termination, you must cause all remaining copies of
- the software (including the key and all accompanying documentation)
- to be destroyed or otherwise returned, disposed of or dealt with in
- the manner directed by Sausage Software.
-
- 16.3 Such termination shall not affect any rights or remedies which
- Sausage Software may otherwise have under the Agreement or at law, in
- equity or under statute.
-
- 17. Your rights under the Agreement shall not be dealt with in any
- way by you (whether by assignment, sub-licensing or otherwise)
- without Sausage Software's written consent.
-
- 18. Failure or neglect by either party to enforce at any time any of
- the provisions of the Agreement shall not be construed or deemed to
- be a waiver of that party's rights under the Agreement.
-
- 19. If any provision of the Agreement is held by a court of
- competent jurisdiction to be void, invalid or unenforceable for any
- reason, that provision shall be deemed deleted from the Agreement and
- the remainder of the Agreement shall continue to have full force and
- effect.
-
- 20. The Agreement shall be governed by and construed according to
- the law of the State of Victoria, Australia and Sausage Software and
- you submit to the jurisdiction of courts and tribunals exercising
- jurisdiction in that State.
-
- ADDRESS OF SAUSAGE SOFTWARE:
-
- Sausage Software (Holdings) Pty Ltd
- 253 Flinders Lane
- MELBOURNE VIC 3000 AUSTRALIA
-
- E-mail: helpdesk@sausage.com
- WEB: http://www.sausage.com/
-