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Hixus Evaluation Software License Agreement

You must read and agree to the following license agreement before downloading, installing or otherwise running/trialing a Hixus Software product. Please note that Hixus Software has recently been acquired by Multimedia Australia Pty. Ltd. - upon downloading, installing or otherwise running/trialing a Hixus software product, this license agreement shall prevail over any other license agreements contained in or otherwise distributed with the software product you are downloading, installing or otherwise running/trialing.

This is a contract ("LICENSE AGREEMENT"). Multimedia Australia Pty. Ltd., trading under the Hixus/Hixus Software brand name ("HIXUS SOFTWARE") shall license the accompanying trial software product (which includes but is not limited to computer software, accompanying media and documentation) ("EVALUATION SOFTWARE") to you (either an individual or single entity) provided you agree to be bound by all the terms and conditions of this LICENSE AGREEMENT. By installing, copying or otherwise using the SOFTWARE PRODUCT you indicate that you agree to the terms and conditions of this LICENSE AGREEMENT. If you do not agree to the terms and conditions of this LICENSE AGREEMENT, do not install, copy or otherwise use the EVALUATION SOFTWARE.

This is not free software. Subject to the terms of this LICENSE AGREEMENT you are hereby licensed by HIXUS SOFTWARE to use the EVALUATION SOFTWARE without charge for the duration of its designated trial period (as stated when the EVALUATION SOFTWARE is run). If you wish to continue using the EVALUATION SOFTWARE after the trial period has expired, you will need to purchase the full version. For purchasing information, please visit the HIXUS SOFTWARE website at http://www.hixus.com.

Use of the EVALUATION SOFTWARE after the trial period has expired or otherwise attempting to extend the trial period is a violation of Australian copyright and intellectual property laws and international copyright treaties.

You may without making any payment to HIXUS SOFTWARE make unlimited copies of the EVALUATION SOFTWARE in its trial form for distribution to anyone provided that you (a) do not charge or request donations for the copies without prior written permission from HIXUS SOFTWARE; and (b) only distribute exact, unmodified copies of the EVALUATION SOFTWARE's installation files.

HIXUS SOFTWARE reserves the right to revoke the above distribution rights at any time, for any or no reason.

Ownership and Copyright Restrictions

The EVALUATION SOFTWARE is owned by HIXUS SOFTWARE and/or its suppliers and is protected by Australian copyright law and international copyright treaties. This LICENSE AGREEMENT does not grant you any intellectual property rights in the EVALUATION SOFTWARE. HIXUS SOFTWARE and/or its suppliers shall retain a full and complete title to the EVALUATION SOFTWARE, and all copies of it, regardless of the media or form on or in which they may exist, including copies which are made in violation of this LICENSE AGREEMENT.

Restrictions on Decompilation, Disassembly, Reverse Engineering, and Modification

You may not adapt, translate, decompile, disassemble, reverse engineer, attempt to remove the evaluation restrictions or modify the SOFTWARE PRODUCT or any of its components, except and only limited to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Restriction on the Separation of Components

The EVALUATION SOFTWARE is licensed as a single product; whose component parts may not be separated.

Termination

HIXUS SOFTWARE may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions outlined in the LICENSE AGREEMENT. In such event, you must destroy all copies of the EVALUATION SOFTWARE and its components.

Validity of Contract

If any section of this contract shall be deemed to be illegal, invalid or not applicable by a court, the remainder of the contract shall remain intact and valid.

Choice of Law and Choice of Forum

This LICENSE AGREEMENT shall be governed and interpreted under the laws of the State of Queensland, Australia. Any dispute or claim arising out of this contract, use of the EVALUATION SOFTWARE and/or any other related legal issue shall be heard and settled in a court in the city of Brisbane in the state of Queensland, Australia.

Limited Warranty and Disclaimer

The EVALUATION SOFTWARE is distributed "as is" and with no warranties of any kind, whether express or implied. The user must assume the entire risk of using the EVALUATION SOFTWARE. In no event shall HIXUS SOFTWARE be liable for any incidental, consequential, or punitive damages whatsoever arising out of the use, or inability to use the EVALUATION SOFTWARE. No oral or written information or advice provided by HIXUS SOFTWARE, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this limited warranty.

Limitation of Liability

To the maximum extent permitted by applicable law, HIXUS SOFTWARE and/or its suppliers shall in no event be liable to you or any other person for any damages whatsoever (including but not limited to, damages for loss of business or profits, interruption to business, loss of information, or for any other indirect or consequential loss) arising out of the use of, or inability to use, or supply, or non-supply, of the EVALUATION SOFTWARE or any support services, even if HIXUS SOFTWARE was advised of the possibility of such problems.


Hixus and Hixus Software are trademarks of Multimedia Australia Pty. Ltd. ACN: 096 830 394.

Multimedia Australia Hixus Software license agreement version: EVAL3.0

The Hixus brand is owned and operated by Multimedia Australia Pty. Ltd.
Copyright © 2005 - 2008 Multimedia Australia Pty. Ltd. Australian Company Number 096 830 394
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