PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.
1. Definitions
The Software Product is licensed (not sold) to you, and Netlink WA Pty Ltd owns all copyright, trade secret, patent and other proprietary rights in the Software Product. The term "Software Product" includes all copies of documentation and sample implementations of any of Netlink WA Pty Ltd WebSpy(R) Software Modules.
2. License
a. Authorized Use. Subject to the terms and conditions set forth in this Agreement, Netlink WA Pty Ltd grants to Licensee and Licensee accepts a non-exclusive, non-transferable, license to use, display, modify and distribute works derived from the licensed documentation and Software Product.
b. Rights. Licensee shall own all rights in modifications and derivative works of the Software Product and documentation prepared by or for Licensee. All rights in the Software Product and documentation, or any portion thereof which remain in any such modification or derivative work, shall remain with Netlink WA Pty Ltd and shall remain subject to the terms of this Agreement. Each copy or portion thereof of the Software Product and documentation shall include the intellectual property notice or notices appearing in or on the corresponding portions of such materials as delivered by Netlink WA Pty Ltd hereunder.
c. Distribution. Licensee shall have no right to distribute in its original form any Software Product or documentation licensed under this agreement.
d. Patents and Copyrights. Netlink WA Pty Ltd grants to Licensee a non-exclusive, non-transferable, license under any patents and copyrights owned or licensed by Netlink WA Pty Ltd at anytime during the term of this Agreement only to the extent necessary:
(i) to exercise the rights and licenses granted in this Section 2; and
(ii) to combine the Software Product and derivative works thereof, with equipment and other Computer Programs.
e. Trademarks. No right is granted herein to use any identifying mark owned by, or used to identify any product or service of Netlink WA Pty Ltd in the name of the Software Product or documentation offered or furnished to customers by Licensee.
f. Title. Title and ownership right and intellectual property rights in and to the Software Product and documentation shall remain with Netlink WA Pty Ltd and/or with suppliers to Netlink WA Pty Ltd of programs contained in the Software Product.
3. Limited Software Product Warranty
For 90 days from the date of shipment, we warrant that the media (for example, Compact Disk) on which the Software Product is contained will be free from defects in materials and workmanship. This warranty does not cover damage caused by improper use or neglect. We do not warrant the contents of the Software Product or that it will be error free. The Software Product is furnished "AS IS" and without warranty as to the performance or results you may obtain by using the Software Product. The entire risk as to the results and performance of the Software Product is assumed by you. To obtain warranty service during the 90-day warranty period, you may return the Software Product (postage paid) with a description of the problem to Netlink WA Pty Ltd. The defective media in which the Software Product is contained will be replaced at no additional charge to you.
4. Disclaimer of Warranty And Limitation of Remedies
a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
b. Our entire liability and your exclusive remedies for our liability of any kind are limited to the remedies specified by this Agreement.
5. Termination
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software Product, including all computer programs and documentation, and erasing any copies residing on computer equipment. This Agreement also will terminate if you do not comply with any terms or conditions of this Agreement. Upon such termination you agree to destroy the Software Product and erase all copies residing on computer equipment.
6. General
Licensee is responsible for installation, management and operation of the Software Product.
