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Summary: This allows you
to freely download the software from Topologi’s site
or from one of our authorized distributors and to use it for
a period of 30 days.
By downloading or using Topologi Mentor for PureView™
you are being bound by this license unless you elect to pay
for a Registered Single User or Site license.
A printable RTF version of the license for your records
is available here.
License
Topologi Mentor for PureView™
EVALUATION USER License
Issued by TOPOLOGI PTY LIMITED ABN 74 096 635 102
YOUR AGREEMENT TO THIS LICENSE
You should carefully read the following terms and conditions
before downloading, installing or using the Topologi Mentor for PureView™ (“Topologi Editor”), which indicates
your acceptance of this agreement (“EVALUATION USER License”
or “License”).
YOU REPRESENT AND WARRANT TO TOPOLOGI PTY LIMITED ABN 74
096 635 102 (“TOPOLOGI”) THAT YOU ARE AUTHORIZED
TO SIGN FOR AND BIND THE CONTRACTING PARTY, BEING THE USER
OF THE SOFTWARE, THAT YOU ARE 18 YEARS OR OLDER AND AGREE
TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree to all of the terms and conditions of
this License, then do not download, install, or use any copy
of Topologi Editor with which this License is included.
OWNERSHIP OF PRODUCT & LICENSE
TO USE PRODUCT
This is not free software. Subject to the terms of this agreement,
you are hereby licensed by Topologi to use one copy of Topologi
Editor, on one computer or workstation, for evaluation purposes
without charge for a period of 30 days. If you use this software
after your 30-day evaluation period a registration fee of
US$995 or currency equivalent is required
Payments must be made in US dollars or an equivalent amount
in Australian Dollars as advised by Topologi from time to
time, and should be ordered online. Our website address is
www.topologi.com. If you wish to pay by an alternative method,
contact us by email at sales@topologi.com, or by fax on 612
96608869.
UNREGISTRED USE OF TOPOLOGI EDITOR SOFTWARE AFTER YOUR 30-DAY
EVALUATION PERIOD HAS EXPIRED IS IN VIOLATION OF U.S., AUSTRALIAN
AND INTERNATIONAL COPYRIGHT LAWS.
Each Licensed copy of Topologi Editor may either be used
by a single person who uses the software personally on one
or more computers, or installed on a single workstation used
non-simultaneously by multiple people, but not both. This
is not a concurrent use license.
All rights of any kind in Topologi Editor which are not expressly
granted in this License are entirely and exclusively reserved
to and by Topologi. No right, title or interest in or to any
copyright interest, trademarks or trade names of Topologi
or its licensors is granted hereunder. You may not rent, lease,
copy or sell Topologi Editor or any part of it, nor modify,
translate, reverse engineer, decompile, disassemble, or create
derivative works based on Topologi Editor software, nor permit
anyone else to do so. You may not make access to Topologi
Editor available to others by way of a service bureau, application
service provider, or similar business, nor permit anyone else
to do so.
WARRANTY DISCLAIMERS AND LIABILITY
LIMITATIONS
TOPOLOGI: COMMUNITY EDITION, AND ANY AND ALL ACCOMPANYING
SOFTWARE, FILES, DATA AND MATERIALS, IS DISTRIBUTED AND PROVIDED
"AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
You acknowledge that good data processing procedure dictates
that any program, including Topologi Editor, must be thoroughly
tested with non-critical data before there is any reliance
on it, and you hereby assume all risk relating to use, quality
and performance of copies of Topologi Editor covered by this
License. Topologi does not warrant that the software or the
functions contained in the software will meet your requirements,
operate without interruption or be compatible with your hardware
and other software. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE.
ANY LIABILITY OF TOPOLOGI WILL BE LIMITED EXCLUSIVELY TO
REFUND OF PURCHASE PRICE, IF ANY. IN NO EVENT SHALL TOPOLOGI,
OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES,
CONTRACTORS OR RELATED ORGANIZATIONS BE LIABLE FOR ANY DAMAGES,
WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING
BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
INCIDENTAL, AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE USE, THE RESULTS OF USE OR THE
INABILITY TO USE TOPOLOGI EDITOR OR THE LOSS OF ANY DATA WHICH
MAY BE LOST OR CORRUPTED AS A RESULT OF THE USE OF THE SOFTWARE
BY YOU OR ANOTHER USER.
IN NO EVENT DOES TOPOLOGI AUTHORIZE YOU OR ANYONE ELSE TO
USE TOPOLOGI EDITOR IN APPLICATIONS OR SYSTEMS WHERE TOPOLOGI
EDITOR'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO
RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE.
ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK. YOU SHALL DEFEND
OR SETTLE AT YOUR EXPENSE ANY CLAIM OR SUIT BY YOUR CUSTOMERS
OR ANY OTHER PARTY CLAIMING AGAINST TOPOLOGI ARISING OUT OF
OR IN CONNECTION WITH YOUR PRODUCTS OR SERVICES OR USE OF
TOPOLOGI EDITOR. YOU AGREE TO HOLD TOPOLOGI HARMLESS AGAINST
AND FROM DAMAGES, COSTS AND LEGAL FEES, IF ANY, INCURRED IN
DEFENDING AND OR RESOLVING ANY SUCH SUIT OR OTHER CLAIM WHICH
ARISES THROUGH YOUR USE OF TOPOLOGI EDITOR UNDER THIS AGREEMENT.
SOFTWARE SUPPORT AND MAINTENANCE
Topologi will supply support services and maintenance for
the Topologi Editor as it shall determine in its sole discretion
from time to time. Our policy will be available on our website.
Topologi may introduce a charge for use of support services
and maintenance services in relation to Topologi Editor at
any time.
PRIVACY ISSUES
You agree that Topologi may keep your contact details and
other related information in a database or other information
retrieval system and that Topologi may contact you from time
to time with information about the Topologi Editor and unless
you specifically request to be taken off our marketing contact
list, other products and services of Topologi. The information
provided by you to Topologi will not be sold or, except for
fulfilling the primary purpose of contacting you on behalf
of Topologi, given to any third party.
GENERAL CONTRACTUAL PROVISIONS
Assignment: Neither party may assign or delegate its
rights or obligations under this agreement without the others
written consent.
Complete Agreement: This agreement is the complete
statement of the agreement between the parties on the subject
matter, and merges and supersedes all other or prior understandings,
purchase orders, agreements and arrangements. Governing Law:
Severability: The law for the time being of the State of New
South Wales, in Australia shall govern and enforce this agreement.
Any waiver by Topologi of any violation of this agreement
by you shall not constitute, nor contribute to, a waiver by
Topologi of any other or future violation of the same provision,
or any other provision, of this agreement. If any provision
of this agreement is found by a court of competent jurisdiction
to be unenforceable for any reason that clause may be enforced
to the maximum extent permissible and the remainder of this
agreement shall continue in full force and effect.
Notification of Dispute or Dissatisfaction: You shall
give Topologi prompt written notice of any dispute or dissatisfaction
that you may have with Topologi Editor or related services.
You agree to provide notice within 30 days of learning of
the first occurrence of the dispute or dissatisfaction.
Dispute Resolution: Any dispute, controversy or claim
arising out of or relating to this Agreement or the breach,
termination or invalidity thereof shall first be the subject
of conciliation, administered by the Australian Commercial
Disputes Centre Limited (“the Centre”) conducted
at Sydney and held in accordance with the Conciliation Rules
of the Centre in force at the date of this agreement. You
consent to such jurisdiction and venue.
No Partnership: There is no agency, partnership, joint
venture or other joint or exclusive relationship created by
this agreement.
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