SOFTWARE LICENSE AGREEMENT AND WARRANTY:
NightWing Enterprises (hereinafter "the Licensor"), offers license to install, use and distribute the enclosed software only in accordance with the terms set out in this license agreement. If you do not agree to the terms as set out herein, you should delete all copies promptly, and contact NightWing Enterprises to request a refund.
1. Ownership of the Software: The Licensed software which is called KeyCodeMaker (hereinafter "the Software") and the components, incorporated intellectual property and accompanying written materials are owned by the Licensor and are protected by Australian and International copyright laws.
2. In downloading, using, copying or distributing unregistered or ÔdemoÕ copies of the Software, you agree to be bound by all laws, regulations or requirements of countries, provinces or jurisdictions in which you import, use or re-export the Software, as well as all restrictions which apply to registered users as set out below.
3. Grant of License to use the Software: You are entitled to install, register and/or use the Software on one computer at a time for each current license registration you have purchased. You are entitled to make back-up copies of the Software and any data it contains.
4. Grant of License to distribute products of the Software: As a current registered user of the Software, you are licensed to include encryption formulae and scripts produced with the Software in solutions that you sell and/or distribute to an unlimited number of end-users on provision that the end-users are not given ScriptMaker access.
5. Responsibility for Provision of Support to Your End-Users: In distributing formulae and code produced with the Software, you must undertake under the terms of this license, to provide end user support with respect to all aspects of your solution including those which utilise code produced with the aid of the Software.
6. Responsibility for Compliance with Restrictions on Import, Re-export or Use of Cryptographic Products: In registering and using the Software you undertake sole responsibility for compliance with import and/or re-export restrictions which may apply in the country, province or jurisdiction in which you are currently located, or to which you may in the future take, sell, send or otherwise export the software or any code produced therewith.
7. Restrictions on Use: You may not reverse engineer, decompile, or disassemble the Software.
8. Limited Warranty: Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 120 days from the date of your receipt of the Software. Licensor disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the software and the accompanying written materials. This limited warranty gives you specific legal rights.
9. Jurisdiction: Licensor's entire liability and your exclusive remedy shall be, at Licensor's choice, either (a) return of the price paid or (b) replacement of the software that does not meet Licensor's limited warranty and which is returned to the Licensor with a copy of your receipt. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
10. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
11. In no event will Licensor be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use or inability to use the software. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. This Agreement is governed by the laws of the State of Victoria, Australia. If you have any questions concerning this Agreement or wish to contact the Licensor for any reason, please write to: PO Box 20, Dallas Victoria 3047, Australia.
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NightWing Enterprises, Melbourne, Australia
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1 July 2003
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