Electronic End User License Agreement
The Harrowex Pty. Ltd. Electronic End User License Agreement NOTICE TO
USER: LICENSE AGREEMENT IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU
AGREE TO BE BOUND BY ITS PROVISIONS. THIS IS A CONTRACT. BY INSTALLING
THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Harrowex Pty. Ltd. End User License Agreement accompanies a Harrowex
Pty. Ltd. software product and related explanatory written materials ("Software").
The term "Software" shall also include any upgrades, modified versions
or updates of the Software licensed to you by Harrowex Pty. Ltd. This
copy of the Software is licensed to you as the end user. Please read this
Harrowex Pty. Ltd. (HARROWEX) grants to you a nonexclusive license to
use the Software, provided that you agree to the following:
1. Use of the Software. You may either: (a) install the Software on multiple
computers, provided that those computers are used solely by you, but not
simultaneously; or (b) install the Software on a single computer which
may be used by different users from time to time but not simultaneously.
If the Software is to be used by more than one user under option (a) above
or on more than one computer under option (b) above, you must purchase
a number of copies (or a multi-user package representing multiple copies)
of the Software equal to the number of users under option (a) or Computers
under option (b).
2. Copy Restrictions. You may make an archival copy of the Software. You
may not copy the written materials accompanying the Software. You may
make unlimited copies of the UNREGISTERED VERSION of the Software and
give copies to other persons or entities as long as the copies contain
this Agreement and the same copyright and other proprietary notices that
appear on or in the Software.
3. Copyright. The Software is owned by HARROWEX and its suppliers, and
its structure, organization and code are the valuable trade secrets of
HARROWEX and its suppliers. The Software is also protected by Australian
Copyright Law and International Treaty provisions. You agree not to modify,
adapt, translate, reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software. You may use trademarks
only to identify printed output produced by the Software, in accordance
with accepted trademark practice, including identification of trademark
owner's name. Such use of any trademark does not give you any rights of
ownership in that trademark. Except as stated above, this Agreement does
not grant you any intellectual property rights in the Software.
4. Transfer. You may not rent, lease, or sublicense the Software. You
may, however, permanently transfer the complete Software and accompanying
materials by delivering the original Software media and materials to a
third party who accepts the terms and conditions of this Agreement, and
by simultaneously destroying all copies of the Software and accompanying
materials in your possession. Such a transfer terminates your license
to use the Software.
5. Limited Warranty. HARROWEX warrants that the media on which the Software
is recorded will be free of defects in materials and workmanship under
normal use for 90 days after the date of original purchase. If a defect
occurs during the 90-day period, you may return the disk(s) to HARROWEX
for free replacement. HARROWEX will replace the disk(s) provided that
you have previously returned the product registration card to HARROWEX.
HARROWEX does not warranty that the Software will meet your requirements,
that the operation of the Software will be uninterrupted or error-free.
6. Disclaimer of Warranties. THERE ARE NO OTHER WARRANTIES WITH RESPECT
TO THE SOFTWARE OR ACCOMPANYING MATERIALS. HARROWEX DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY HARROWEX, ITS EMPLOYEES, DISTRIBUTORS,
DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR
CREATE ANY NEW WARRANTIES.
7. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS.
IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW OR NINETY (90) DAYS FROM THE DATE OF DELIVERY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY BY STATE/JURISDICTION.
8. IN NO EVENT WILL HARROWEX BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED
ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING
ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN
IF HARROWEX, OR AN AUTHORIZED REPRESENTATIVE OF HARROWEX HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. HARROWEX's entire liability and your
exclusive remedy shall be at HARROWEX's option to either return the price
paid for the Software, or repair or replace the Software that does not
meet HARROWEX's Limited Warranty and which is returned to HARROWEX provided
that you have previously returned the product registration card or provide
a copy of your purchase receipt. This limited warranty does not apply
if the failure of the Software has resulted from accident, abuse or misapplication.
In no event shall HARROWEX's liability exceed the purchase price of the
Software. Some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, therefore, the above
limitations may not apply to you.
9. Governing Law and General Provisions. This Agreement will be governed
by the laws of the State of Victoria, Australia, excluding the application
of its conflicts of law rules. This Agreement will not be governed by
the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded. If any part
of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms. This Agreement shall automatically
terminate upon failure by you to comply with its terms. This Agreement
may only be modified in writing signed by an authorized officer of HARROWEX.
10. U.S. Government Restricted Rights. If you are purchasing the Software
on behalf of the United States Government or any unit or agency thereof,
you acknowledge that the Software and accompanying materials were developed
at private expense and that no part is in the public domain and that the
Software and documentation are provided with restricted rights. Use, duplication,
or disclosure by the government is subject to restrictions as set forth
in Subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2)
of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19,
as applicable. Contractor/manufacturer is Harrowex Pty. Ltd., PO Box 1784,
Geelong 3220, Victoria, Australia. Unpublished-rights reserved under the
copyright laws of Australia. STATIC program is © Copyright 2006 Harrowex
Pty. Ltd., PO Box 1784, Geelong 3220, Victoria, Australia. STATICª is
a trademark of HARROWEX which may be registered in certain jurisdictions.
Disclaimer: APACHE, APACHE II and APACHE III are all trade marks of Apache
Medical Systems Inc. All use of these terms within this Software on screens,
in reports, documentation and otherwise by HARROWEX is to signify techniques
and systems which have been developed and published by Apache Medical
Systems Inc., and does not imply any connection in the course of trade
between HARROWEX and Apache Medical Systems Inc.