Notice to user: please read this contract carefully. By using all or any portion of the software you accept all the terms and conditions of this agreement, including, in particular the limitations on: use contained in section 2; transferability in section 4; warranty in section 6 and 7; and liability in section 8. You agree that this agreement is enforceable like any written negotiated agreement signed by you. If you do not agree, do not use this software.
When used in this agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“software” means (a) all of the contents of the files with which this agreement is provided, including but not limited to (i) Neotechnology Pty Limited or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“stock files”); (iii) related explanatory written materials or files (“documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the software, if any, licensed to you by Neotechnology Pty Ltd (collectively, “updates”).
“use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the software in accordance with the documentation.
“licensee” means you or your company, unless otherwise indicated.
“permitted number” means one (1) unless otherwise indicated under a valid license (e.g. Volume license) granted by Neotechnology Pty Ltd.
“computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“licensor” means Neotechnology Pty Limited, of suite 1.01, 175 Castlereagh Street Sydney 2000 Australia.
2. Software License
As long as you comply with the terms of this end user license agreement (the “agreement”), Neotechnology Pty Limited grants to you a non-exclusive license to use the software for the purposes described in the documentation. Some third party materials included in the software may be subject to other terms and conditions, which are typically found in a “read me” file located near such materials.
Pursuant to this Licence, the Licensee acquires a non-exclusive, non- transferable right to:
(a) use the program;
(b) make one copy for back up purposes only; and
(c) use the program strictly in accordance with the provisions of this Licence.
2.1 Software License Fee
The Licensee is not entitled to use the program until the Licence fee has been paid. In the case of payment by cheque, payment will not be deemed until the cheque has been cleared.
2.2 General Use
You may install and use a copy of the software on your compatible computer, up to the permitted number of computers; or:
2.3 Server Use
You may install one copy of the software on your server computer for the purpose of downloading and installing the software onto other computers within your internal network up to the permitted number or you may install one copy of the software on a computer file server within your internal network for the sole and exclusive purpose of using the software through commands, data or instructions (e.g. Scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the software through a valid license from Neotechnology Pty Limited; and
2.4 Backup Copy
You may make one backup copy of the software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the software as provided under section 4.
2.5 Stock Files
Unless stated otherwise in the “read-me” files associated with the stock files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the stock files included with the software. However, you may not distribute the stock files on a stand-alone basis, i.e., in circumstances in which the stock files constitute the primary value of the product being distributed. Stock files may not be used in the production of libellous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the stock files or derivative works thereof.
To the extent that the software includes Neotechnology Pty Limited Amicus software and Neotechnology Pty Limited SprintPOS software (i) you may not alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by Neotechnology Pty Limited, and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a database file with such software; however, such use is authorized with Neotechnology Pty Limited, Neotechnology Pty Limited Amicus, SprintPOS and other current and future Neotechnology Pty Limited products.
3. Intellectual Property Rights
The software and any copies that you are authorized by Neotechnology Pty Limited to make are the intellectual property of and are owned by Neotechnology Pty Limited and its suppliers. The structure, organization and code of the software are the valuable trade secrets and confidential information of Neotechnology Pty Limited and its suppliers. The software is protected by copyright, including without limitation by Australia copyright law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the software, except as set forth in section 2 (“software license”).
Any copies that you are permitted to make pursuant to this agreement must contain the same copyright and other proprietary notices that appear on or in the software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the software with another software program, and you have first requested Neotechnology Pty Limited to provide the information necessary to achieve such operability and Neotechnology Pty Limited has not made such information available.
Neotechnology Pty Limited has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Neotechnology Pty Limited or obtained by you, as permitted here under, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the software. Requests for information should be directed to the Neotechnology Pty Limited customer support department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this agreement does not grant you any intellectual property rights in the software.
You may not, rent, lease, sublicense or authorize all or any portion of the software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the software to another person or legal entity provided that: (a) you also transfer each this agreement, the software and all other software or hardware bundled or pre-installed with the software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you legally purchased a license to the software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the software.
5. No Warranty
The software is being delivered to you “as is” and Neotechnology Pty Limited makes no warranty as to its use or performance. Neotechnology Pty Limited and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Neotechnology Pty Limited and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
8. Limitation of Liability
In no event will Neotechnology Pty Limited or its suppliers be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an Neotechnology Pty Limited representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Neotechnology Pty Limited’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Nothing contained in this agreement limits Neotechnology Pty Limited’s liability to you in the event of death or personal injury resulting from Neotechnology Pty Limited’s negligence or for the tort of deceit (fraud). Neotechnology Pty Limited is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Neotechnology Pty Limited’s customer support department. 9. Governing Law This agreement shall be governed by and interpreted in accordance with the laws of the New South Wales, Australia.
9. Governing Law
This agreement shall be governed by and interpreted in accordance with the laws of the New South Wales, Australia.
10. General Provisions
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 not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Neotechnology Pty Limited. Updates may be licensed to you by Neotechnology Pty Limited with additional or different terms. This is the entire agreement between Neotechnology Pty Limited and you relating to the software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the software.
11. Notice to U.S. Government End Users
The software and documentation are “commercial items, ” as that term is defined at 48 c.f.r. §2.101, consisting of “commercial computer software” and “commercial computer software documentation, ” as such terms are used in 48 c.f.r. §12.212 or 48 c.f.r. §227.7202, as applicable. Consistent with 48 c.f.r. §12.212 or 48 c.f.r. §§227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to u.s. government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For US government end users, Neotechnology Pty Limited agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of executive order 11246, as amended, section 402 of the Vietnam era veterans readjustment assistance act of 1974 (38 usc 4212), and section 503 of the rehabilitation act of 1973, as amended, and the regulations at 41 cfr parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.
12. Compliance with Licenses
If you are a business or organization, you agree that upon request from Neotechnology Pty Limited or Neotechnology Pty Limited ‘s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Neotechnology Pty Limited software at the time of the request is in conformity with your valid licenses from Neotechnology Pty Limited.
If you have any questions regarding this agreement or if you wish to request any information from Neotechnology Pty Limited please use the address and contact information included with this product to contact the Neotechnology Pty Limited office serving your jurisdiction.
Neotechnology Pty Limited, Amicus, and SprintPOS are either registered trademarks or trademarks of Neotechnology Pty Limited in the United States and/or other countries.
Where a support agreement is in place either included or purchased separately, the end user is responsible for providing an Internet connection for the purpose of remote log in by Neotechnology technicians to access the system should it be required.