AAAPOS WebStore Manager Terms & Conditions
THIS IS A LEGAL AGREEMENT BETWEEN THE PURCHASER OF THIS SOFTWARE PACKAGE (HEREAFTER “PURCHASER”) AND AAAPOS.
AAAPOS agrees to grant, and Purchaser agrees to accept, under the following terms and conditions a non-exclusive non-transferable license to use AAAPOS’s WebStore Manager (“Software”), as indicated below.
PURCHASER’S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SOFTWARE ARE AS FOLLOWS:
Purchaser may use the Software on a single computer only (or as invoiced), unless authorised in writing by AAAPOS.
Purchaser shall not cause or permit the reverse compilation or disassembly of the Software.
Purchaser may transfer the Software on a permanent basis provided: (i) the recipient agrees to the terms and conditions of this Agreement and (ii) Purchaser destroys any and all copies of the Software in Purchaser’s possession. Such transfer may not be outside the country in which Purchaser takes delivery of the Software without AAAPOS’s prior written permission.
Purchaser may make one copy of the Software (except documentation) in machine-readable form solely for backup and archival purposes, provided Purchaser reproduces all proprietary notices.
In the event that this package contains an update or upgrade release of the Software (under the same license number) that was originally acquired by Purchaser, Purchaser agrees to destroy and not use (and not permit the use of) any previous release or version of the Software in Purchaser’s possession under that license number.
OWNERSHIP: AAAPOS and/or AAAPOS’s licensors shall retain all and sole right, title and interest in and to the Software. Purchaser acknowledges that the Software is copyrighted and protected under the copyright laws and agrees not to remove any copyright or other proprietary or product identification notices from the Software. Purchaser acknowledges and agrees that the Software may have been developed by and may include software licensed by a third party licensor named in the copyright notice(s) included with the Software, who shall be authorised to hold Purchaser responsible for any copyright infringement or violation of this Agreement.
TERMINATION: This Agreement is effective from the date Purchaser receives the Software and shall remain in force until terminated. Purchaser may terminate it at any time by destroying the Software together with all copies, modifications, and merged portions in any form. This Agreement shall also be terminated if Purchaser fails to comply with any of the terms or conditions of this Agreement. Purchaser agrees, upon such termination, to destroy the Software together with all copies, modifications, and merged portions in any form.
LIMITED WARRANTY: THE SOFTWARE IS PROVIDED “AS IS.” AAAPOS WARRANTS THAT THE MEDIA ACCOMPANYING THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SPECIFICATION SET FORTH IN THE ACCOMPANYING DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS AFTER PURCHASER’S PAYMENT OF THE LICENSE FEE, WHEN PROPERLY INSTALLED ON A COMPUTER FOR WHICH A LICENSE IS GRANTED HEREUNDER. AAAPOS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: IN NO EVENT WILL AAAPOS BE LIABLE FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AAAPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. AAAPOS’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.
GENERAL: Purchaser may not use, copy, modify, sublicense, rent, sell, assign or transfer this license or the Software except as expressly provided in this Agreement. Purchaser acknowledges that Purchaser have read this Agreement, understands it, and agrees to be bound by its terms and conditions. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted. This Agreement shall be governed by the laws of the State of Victoria Australia. Should litigation arise concerning this Agreement, the prevailing party shall be entitled to its legal fees and court costs, in addition to any other relief it may be awarded. Purchaser agrees that this is the complete and exclusive statement of the agreement between Purchaser and AAAPOS, which supersedes all proposals, oral or written, and all other communications between us relating to the subject matter of this Agreement. Purchaser agrees that no modification to this Agreement or any of its terms may be made except by express written agreement with AAAPOS. The waiver by either party of a breach of any term of this Agreement shall not constitute a waiver of any subsequent breach of this Agreement.
