Professional Software Design Pty Ltd ABN 62 078 390 235 www.psdesign.com.au Phone: +61 8 9444 1278 Facsimile: +61 8 9443 9878 E-mail:
[email protected] PO Box 106 Mt Hawthorn WA 6915
End-User License Agreement You must agree to all of the terms and conditions contained in this End User License Agreement (“EULA”) to become a user, which in turn will permit you to access and use the computer program named PSD Logistics (“the SOFTWARE”) developed, created and owned by Professional Software Design Pty Ltd (“PSD”). By installing and using the SOFTWARE, you agree to the terms and conditions contained in this EULA. If you disagree with any of the terms and conditions contained in this EULA, PSD does not grant you a license to use the SOFTWARE. PSD reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference. You can always find the most recent version of this EULA at www.PSDLogistics.com. PSD may change this EULA without notice to you, by posting a new version on its web site. Use of the SOFTWARE after such change constitutes acceptance of such changes. The SOFTWARE The SOFTWARE contains the following: PSD Logistics Server Software PSD Logistics Client Software PSD Logistics Web Server Software Intellectual Property Rights All title and intellectual property rights in and to the SOFTWARE and any copies of the SOFTWARE, are owned by PSD and are protected by Australian copyright law and international treaty provisions. Permitted Use PSD Logistics Server Software You may install and use one copy of the PSD Logistics Server Software on the Server. PSD Logistics Client Software You may install and use as many copies of the PSD Logistics Client Software as you have purchased. PSD Logistics Web Server Software You may install and use one copy of the PSD Logistics Web Server Software on the Server. You may make an archival copy of the SOFTWARE to protect it from loss. The SOFTWARE may be moved from one computer to another, as long as it is removed from the first computer prior to installation on the second computer. Product Support Product support for the SOFTWARE is not provided by PSD unless a PSD Logistics Software Maintenance & Support Contract, for the SOFTWARE, has been purchased and is current. General You may not sublicense, assign, rent or lease the SOFTWARE to another party. You may not transfer the SOFTWARE to another party unless that party agrees to accept the terms and conditions of this agreement. If you transfer the SOFTWARE you must at the same time either transfer all copies to the same party or destroy any copies not transferred.
PSD Logistics EULA
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Professional Software Design Pty Ltd ABN 62 078 390 235 www.psdesign.com.au Phone: +61 8 9444 1278 Facsimile: +61 8 9443 9878 E-mail:
[email protected] PO Box 106 Mt Hawthorn WA 6915
Warranty and Liability PSD warrants the CD on which the SOFTWARE is provided to be free of defects in material and workmanship for a period of 30 days from the purchase date. If PSD is notified within the warranty period of defects in materials and workmanship, it will replace the CD. The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by PSD to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying manuals or written materials. You have relied on your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying manuals and written materials for use by you. To the maximum extent permitted by applicable law, in no event shall PSD be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for death or personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use, or supply, or non-supply of the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of PSD, and even if PSD have been advised of the possibility of such damages. In no event shall liability for any reason and upon any cause of action whatsoever exceed the wholesale price of the SOFTWARE.
PSD Logistics EULA
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