A.J. WISHART AWDABPT FOR BUILDINGS SOFTWARE END USER LICENCE AGREEMENT
Please read this Agreement carefully before installing or using this software.
1. By installing and using this A.J. Wishart AWDABPT For Buildings and / or AWDABPT-UG software (the "Software"), you hereby agree to the following terms and conditions.
2. The copyrights and trademarks in this Software belong to A.J. Wishart unless otherwise indicated. A.J. Wishart reserves all rights. A.J. Wishart licenses the distribution and installation of this Software only in accordance with these terms and conditions. In this agreement the word "license" has the same meaning as the word "licence" as used in Australia.
You have purchased a licence to use this Software or are registered to use a trial version of this Software. A.J. Wishart does not transfer title of the Software to you. Subject to the terms and conditions of this Agreement, A.J. Wishart grants to you a limited, non-exclusive, non-transferable licence, without the right to sublicence, to use or evaluate this Software in accordance with this Agreement and any other written agreement with A.J. Wishart.
By installing or using this Software you on your own behalf and on behalf of your employer or principal where applicable agree to be bound by these terms. This Agreement is a legally binding agreement between A.J. Wishart and the user(s) of this Software.
Please note that refunds will not be provided. You can download a fully functional trial version of each of our products. Please evaluate them thoroughly before making the decision to purchase.
If you do not agree with any of the terms and conditions of this Agreement, you are required to immediately cease installing, copying, transmitting or using this Software and remove the Software and any associated documentation from your computer.
You may make one copy of this Software for archive purposes only providing you only have one copy installed on one computer location or workstation or for the number of users covered in a multi-site licence. Unless otherwise authorised herein, this Software, any accompanying documentation, and the licence herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
5. User Agreement
5.1 Trial Version Use of this Software
You may evaluate this Software without purchasing a licence (the "Trial Version") for a maximum number of days indicated by this Software and permitted by A.J. Wishart. In order to continue to use all the features and functionality of this Software you must purchase a licence from A.J. Wishart.
5.2 Activation of the Software
Upon purchase of a licence from A.J. Wishart in order to continue to use this Software you are required to activate the Software via the Internet. There are various safeguards within this Software that are designed to prevent unlicenced use of this Software. A.J. Wishart will use those safeguards to confirm you have a valid licenced copy of this Software. A.J. Wishart will not collect any personally identifiable information from your computer location or workstation during this process.
5.3 Use of this Software
Each licenced copy of this Software may be used on one single computer location or workstation, unless otherwise authorised herein. "Use" of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software on a multi-user platform, server or network then each and every individual user of the Software must be licensed separately or included by a multi-site licence for the Software. You may make one copy of this Software for archive purposes.
Others may not use or install your licensed copy of this Software. The assignment, sub-license, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of A.J. Wishart. In the event that you do distribute a software registration code, you will be liable to pay the full purchase price for each location where the unauthorised use of code occurs.
You shall use the Software in compliance with all applicable laws and not for any unlawful purpose.
You shall not and shall not attempt to modify, reverse engineer, disassemble or decompile this Software. You shall not create any derivative software or other works that are based upon or derived from the Software in whole or in part.
6. Limitation of Responsibility
If you intend to rely on this Software for critical purposes you must test it fully prior to using it and validate it to your satisfaction and assume any and all risk. You may not use this Software in any circumstances where there is any risk that failure of this Software in any way or your ability to use and interpret this Software might result in a physical injury or loss of life. Any such use by you is unauthorised and is entirely at your own risk and you agree to indemnify A.J. Wishart from any claims relating to such unauthorised use.
A.J. Wishart will not be liable for any loss arising out of the use of this Software including, but not limited to, any special, incidental or consequential loss. That is you will indemnify, hold harmless, and defend A.J. Wishart, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of this Software. In no event, including, without limitation, in the event of negligence, will A.J. Wishart, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss, in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
A.J. Wishart's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software less any applicable taxes and shipping fees in exchange for the return of the product to trial mode and return of all copies, registration papers and manuals and all materials that constitute a transfer of licence from the customer back to A.J. Wishart. Such reimbursement will only occur if the Software was purchased directly from A.J. Wishart.
A.J. Wishart does not make any guarantees that this Software will identify any specific hardware or software installed on your computer nor does A.J. Wishart make any guarantees that this Software will locate any drivers for your specific hardware for use on certain or any operating systems. A.J. Wishart also does not make any guarantees that any or all drivers located for your specific hardware and operating system will function error free, achieve particular results, or operate without interruption. All drivers and software located and available through this Software are the property of their respective owners.
This Software and all accompanying software files, data and materials are distributed "as is" and with no warranties of any kind, whether expressed or implied or for fitness for a particular purpose, except as required by law.
8. Governing Law
The contract arising out of this Agreement is governed exclusively by the laws and courts of the State of Victoria, Australia.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this licence. Upon termination of this licence granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this licence.
10. Consent to Use of Your Data
You agree that A.J. Wishart may collect and use information delivered by you through the Software and/or gathered in any manner as part of the product activation and support services provided to you, if any, related to the Software and all hardware installed on your computer. You are not obligated to provide information related to the reporting of the hardware installed on your computer if you choose not to do so if and when prompted.
A.J. Wishart may use any information offered by you to provide notices that will be infrequent, if at all, to you which may be of use or interest to you.
This Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that A.J. Wishart may automatically check the version of the Software that you are utilising and may provide updates, upgrades, or fixes to the Software. In order to receive such updates, upgrades or fixes, you must agree to the download when prompted. You are not obligated to download any upgrades or fixes to the Software that are provided by A.J. Wishart.
A.J. Wishart will not collect any personally identifiable information from your computer location or workstation during these processes.
11. Intellectual Property Rights
All hardware device driver(s) and software names used in this Software are copyright and the property of the respective companies supplying such hardware device drivers and software. When using a company's hardware device driver and/or software you will be bound to that company's own legal agreements. All product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. A.J. Wishart is in no way affiliated with nor representing any of the companies identified and listed in this Software or in any related services provided by A.J. Wishart.