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EULA - End User License Agreement

WebGenie Software License
1. Parties to License
This license governs the use of any WebGenie software products which, together with all

associated documentation, additional modules and future modified versions are collectively and

separately referred to in this license as the "Software". In this license, WebGenie is referred to as

"we" (or derivations thereof) and the party authorized to use all or any part of the Software is

referred to as "you" (or derivations thereof).
2. Evaluation provisions
The Software is not free and is subject to copyright. If you have obtained an evaluation copy of

any of the Software, you are authorized to use it for a period of 30 days. The software is

password protected against use after the expiration of 30 days and you must not attempt to

circumvent the password protection or to obtain a password by unauthorized means. You may

make additional evaluation copies of the Software and distribute evaluation copies of the

Software to others, providing that each copy is an exact copy. You must ensure that the terms of

this License are drawn to the attention of any recipient of an evaluation copy of the Software.

You must not seek any fee or other benefit in connection with your distribution of evaluation

copies of the Software.
3. License to use Software
Your use of the Software or your installation of the Software on any of your computers signifies

your acceptance of the terms of this License. Your right to continue to use the Software is

subject to your full compliance with all the provisions of this License.
The Software includes protection mechanisms to prevent use of the Software after the evaluation

period unless the appropriate password is entered. Your right to use any part of the Software

after the expiration of the evaluation period is subject to your payment of all applicable fees and

your registration as a user.
We grant to you a personal and non-exclusive license to use those parts of the Software for

which you have paid all applicable fees. Only you and your employees may use the Software.

The license permits you to install the Software on a single computer for use by multiple

employees (at separate times) or you may install the software on a single computer located at

work and a single computer located at a residential address providing the Software is only used

by a single specified person. If you wish to use the Software on a network, then a separate

license fee must be paid for the use of the Software on each of the workstations which will be

used to access the Software.
You may make a single copy of the Software solely for the purpose of back-up.
This License only grants a right to use the Software and no title passes to you with respect to the

Software, the media it is delivered on or otherwise. You must not sell, transfer, assign,

sublicense or otherwise deal with any of the rights granted under this License. You must not (a)

reverse assemble, reverse compile or decode the Software or attempt to ascertain the source

code by any means; (b) remove, change or bypass any copyright or Software protection

statements embedded in the Software; or (c) provide bureau services or use the Software in or

for any other company or other legal entity.
You agree (a) the Software is a valuable asset of ours and is supplied to you on a restricted and

confidential basis; (b) the Software will be kept secret and confidential by you at all times unless

specifically authorized by us; (c) all copyright in the Software is retained and title to the copy of

the Software which is delivered to you and to any copies, reproductions, adaptations,

enhancements or translations made of the Software and interfaces with the Software is also

retained by us and to the extent necessary you hereby assign intellectual property rights in same

to us; (d) to reproduce and include the copyright notice and any other legend specified by us on

any copies of the Software you make; (e) at all times to take reasonable steps to protect the

Software from unauthorized access and use; (f) to give notice of any infringement of copyright or

any of our rights which comes to your attention; and (g) before disposing of any media, to ensure

any of the Software contained on it has been erased or destroyed.
4. Discontinuance and Termination of License
You may terminate this License at any time on 30 days written notice to us. This License will

terminate immediately without further notice to you if you breach any provision of this License.

On termination of this License you must destroy all copies, reproductions and translations of the

Software and remove and destroy the Software from any work in which it has been modified or

merged. You must give us reasonable proof of these actions and will certify in writing that you

have done so. No refund or credit is given on termination of the License, regardless of the

reason for termination.
The termination of this License will be without prejudice to any rights which we may have. Upon

termination of this License by us for whatever cause, we are discharged and released from all

obligations under this License. Your obligations specified in this License will survive the

termination of this License and you must continue to comply with those obligations

notwithstanding the termination.
5. Exclusion of warranties and liability
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE

ANY WARRANTY NOR APPROVE THE MAKING OF ANY REPRESENTATION THAT THE

SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE

SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR

ENSURING THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS.
If circumstances arise where you are entitled to claim damages from us (or any other party

involved in the development or maintenance of the Software) notwithstanding the other provisions

of this License, our liability (and the liability of any other party involved in the development or

maintenance of the Software) to you for the aggregate of all such claims (regardless of the basis

on which you are entitled to claim from us including, without limitation, negligence) is limited to

the lesser of
(a) the amount of any actual loss or damage which you sustain; (b) the amount of the license fees

paid by you with respect to the relevant part of the Software; and (c) our cost of replacing or

repairing any defective Software. We are not liable for losses or damages of third parties claimed

against you howsoever arising. In no event will we be liable for lost profits, lost savings or any

other incidental or consequential damages even if we have been advised of the possibility of such

damages.
If your use of the Software includes access to CGI hosting facilities provided by us or on our

behalf, we reserve the right to modify, relocate or withdraw the provision of CGI hosting services

at any time without any liability to you. The exclusions of warranties and limitations of liability in

this clause also apply to any CGI hosting or any other services which we may provide and also

apply to any loss or damage which may be caused to any of your data or the data of third parties

or to any of your servers or the servers of third parties.
6. Additional Terms
Nothing in this License entitles you to maintenance, Software upgrades or services of any kind.

Due to the on-going nature of these provisions, we may vary them by giving you at least three (3)

months notice in writing before the variation takes effect. If any provision of this License is found

to be invalid, unenforceable or illegal, then that provision will be deemed to be deleted to the

extent necessary to remove the invalid, unenforceable or illegal portion and the balance of this

License will remain binding. You agree that this is the complete and exclusive statement of the

agreement between you and us and that it supersedes all proposals or prior agreements, oral or

written, and all other communications between all parties relating to the subject matter of this

License. This License is made in accordance with, and is subject to, the laws of South Australia.