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Hixus Software License Agreement and Limited Warranty

You must read and agree to the following license agreement before purchasing a Hixus Software product. Please note that Hixus Software has recently been acquired by Multimedia Australia Pty. Ltd. - upon purchasing 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 purchasing.

This is a contract ("LICENSE AGREEMENT"). Multimedia Australia Pty. Ltd., trading under the Hixus/Hixus Software brand name ("HIXUS SOFTWARE") shall license the accompanying software product (which includes but is not limited to computer software, accompanying media and documentation) ("SOFTWARE PRODUCT") 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 SOFTWARE PRODUCT. You may promptly return the unused SOFTWARE PRODUCT to the place of purchase for a refund.

Grant of License

The SOFTWARE PRODUCT is licensed, not sold. Provided you agree to all the terms and conditions of this LICENSE AGREEMENT, HIXUS SOFTWARE grants to you a personal nonexclusive license to use this copy and only this copy of the SOFTWARE PRODUCT on a single computer at a single location at any one time.

Ownership and Copyright Restrictions

The SOFTWARE PRODUCT 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 SOFTWARE PRODUCT. HIXUS SOFTWARE and/or its suppliers shall retain a full and complete title to the SOFTWARE PRODUCT, 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. You must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may make a single copy of the SOFTWARE PRODUCT's installation file(s) solely for backup or archival purposes.

Electronic Purchase

If you acquired this SOFTWARE PRODUCT by means of an electronic (Internet) purchase through a retailer who has been authorised to do so by HIXUS SOFTWARE, you may make a one additional backup copy of the SOFTWARE PRODUCT onto a permanent storage medium (such as a CD-ROM) that you designate for that purpose and which will then become part of the SOFTWARE PRODUCT.

Restrictions on Decompilation, Disassembly, Reverse Engineering, and Modification

You may not adapt, translate, decompile, disassemble, reverse engineer, 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 SOFTWARE PRODUCT is licensed as a single product; whose component parts may not be separated.

Rental

You may not rent, lease, sublicense, or lend the SOFTWARE PRODUCT or any of its components.

Redistributable Components

The SOFTWARE PRODUCT may contain redistributable components in the form of sample code and clip-art; which remain the property of HIXUS SOFTWARE. Regardless of any modifications that you make, you may not distribute any files except those that HIXUS SOFTWARE has expressly designated for this purpose and only in conjunction with and part of a webpage. Redistributables may not be rented, leased, lent, or sold.

Transfer of License

You may transfer the entire SOFTWARE PRODUCT (which includes all accompanying component parts and documentation) on a permanent basis provided that you retain no copies and the recipient agrees to the terms and conditions of the LICENSE AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Upgrades

If the SOFTWARE PRODUCT is an upgrade from another product version, that product forms part of the SOFTWARE PRODUCT and constitutes a single product. You may use the upgraded version of the SOFTWARE PRODUCT only in accordance with the LICENSE AGREEMENT. Any transfer of the SOFTWARE PRODUCT must include the product that the SOFTWARE PRODUCT upgrades.

Storage and Use over a Network

You may store or install the SOFTWARE PRODUCT on a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; you must, however, acquire and dedicate a license for each individual computer on which the SOFTWARE PRODUCT is installed or run from. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

Volume License Certificate

If you acquired this LICENSE AGREEMENT in conjunction with a Volume License Certificate issued by HIXUS SOFTWARE for the SOFTWARE PRODUCT, you may use the additional number of copies of the SOFTWARE PRODUCT as authorised on the HIXUS SOFTWARE Volume License Certificate.

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 SOFTWARE PRODUCT 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 SOFTWARE PRODUCT 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

HIXUS SOFTWARE warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying documentation for a ninety (90) day period following your receipt of the SOFTWARE PRODUCT. To make a warranty claim, you must return the SOFTWARE PRODUCT to the location where you obtained it along with a copy of your sales receipt within the ninety (90) day period. If the SOFTWARE PRODUCT does not perform substantially in accordance with the accompanying documentation, the entire and exclusive liability and remedy shall be limited to either, at HIXUS SOFTWARE's discretion, (a) the repair or replacement of the SOFTWARE PRODUCT; or (b) a refund of the license fee you paid for the SOFTWARE PRODUCT.

The entire risk as to the quality and performance of the SOFTWARE PRODUCT is with you. HIXUS SOFTWARE does not warrant that the functions contained in the SOFTWARE PRODUCT will meet your requirements or that the operation of the SOFTWARE PRODUCT will be error free. HIXUS SOFTWARE does not make any warranty as to the accuracy, reliability or content of any information contained in the SOFTWARE PRODUCT or to the results that may be obtained from its use. The SOFTWARE PRODUCT is provided on an "as is" basis. 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 SOFTWARE PRODUCT or any support services, even if HIXUS SOFTWARE was advised of the possibility of such problems. HIXUS SOFTWARE's total liability is limited to the amount actually paid by you for the SOFTWARE PRODUCT or $5.00 Australian dollars.


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

Multimedia Australia Hixus Software license agreement version: FULL3.0

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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