ECORPNU PTY LTD NO-NONSENSE LICENSE STATEMENT
AND LIMITED WARRANTY
IMPORTANT READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either
as an individual, a single entity, single domain name or
single ip address) and Ecorpnu Pty Ltd ("Ecorpnu") for the
software product ("Software") identified above, including
any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING
THE SOFTWARE, YOU AGREE TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS OF THE
LICENSE AGREEMENT. If you are the original
purchaser of the Software and you do not agree with the
terms and conditions of the License Agreement, promptly
cease in the use of the software and delete, erase and
remove all copies in your posession.
Upon your acceptance of the terms and conditions of the
License Agreement, Ecorpnu grants you the right to use the
Software in the manner provided below.
This Software is owned by Ecorpnu and is
protected by copyright law and international copyright
treaty. Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.
You may transfer the Software and documentation on a
permanent basis provided you retain no copies and the
recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not
transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit or receive
the Software, media or documentation. You acknowledge
that the Software in source code form remains a confidential
trade secret of Ecorpnu and/or its suppliers and therefore you
agree not to modify the Software or attempt to reverse
engineer, decompile, or disassemble the Software, except
and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
If you have purchased an upgrade version of the Software,
it constitutes a single product with the Ecorpnu software that
you upgraded. You may use or transfer the upgrade version
of the Software only in accordance with the License
Agreement.
ADDITIONAL LICENSE TERMS FOR PERSONAL WEBLOG
Ecorpnu grants to you as an individual, a personal,
nonexclusive license to install and use the Software for
the sole purpose of providing a rich environment for your
website users. This software is for one server, one domain name,
one website, one ip address only and may not be used as a link
(Hyperlink) or shared between other websites, higher or lower
level domain names, Active Directories, Folders, Directories
or Interfaces.
You may install a copy of the Software on a computer and freely
move the Software from one computer to another, provided
that you are the only individual using the Software. If you
are an entity, Ecorpnu grants you the right to designate one
individual within your organization ("Named User") to have
the right to use the Software in the manner provided above.
The Software might include source code, redistributable
files, and/or other files provided by a third party vendor
(Third Party Software). Since use of Third Party Software
might be subject to license restrictions imposed by the third
party vendor, you should refer to the on-line documentation
(if any) provided with Third Party Software for any license
restrictions imposed by the third party vendor. In any event,
any license restrictions imposed by a third party vendor are
in addition to, not in lieu of, the terms and conditions of the
License Agreement.
All Ecorpnu libraries, source code, redistributables and other
files remain Ecorpnu's exclusive property. Regardless of any
modifications that you make, you may not distribute any
files (particularly Ecorpnu source code and other
non-executable files) except those that Ecorpnu has expressly
designated as Redistribubables. Nothing in the License
Agreement permits you to reproduce, modify, use, or
distribute the source code of any file in any form.
Contact Ecorpnu for the applicable royalties due and other
licensing terms for all other uses and/or distribution of the
Redistributables.
ADDITIONAL LICENSE TERMS FOR DATABASES IN
ANY FORM.
Supplied Databases, Designs, Diagrams, Layouts of any database
are the sole property of Ecorpnu and may not be reproduced or
duplicated without the written consent of Ecorpnu.
FREE TRIAL
If you have received this software with a free trial expiration
date you must remove, delete, and cease use of this software after
your free trial period or Ninety (90) days from your first download,
recipt, or use whichever is sooner.
LIMITED WARRANTY
All code, scripts, programs, applications, software, database,
database designes, html, javascripts, asp files, code, documents,
java applets, executables, vbscripts, source code, routines are
provided "as is," without warranty of any kind, Ecorpnu
warrants that the Software, as updated and when properly
used, will perform substantially in accordance with the
accompanying documentation, and the Software media will
be free from defects in materials and workmanship, for a
period of ninety (90) days from the date of receipt. Any
implied warranties on the Software are limited to ninety
(90) days. Some states/jurisdictions do not allow limitations
on duration of an implied warranty, so the above limitation
may not apply to you.
Ecorpnu's entire liability and your exclusive
remedy shall be, at Ecorpnu's option, either (a) return of the
price paid, or (b) repair or replacement of the Software that
does not meet Ecorpnu's Limited Warranty and which is
returned to Ecorpnu with a copy of your receipt. DO NOT
RETURN ANY PRODUCT UNTIL YOU HAVE
CONTACTED ECORPNU SERVICE
DEPARTMENT AND OBTAINED A RETURN
AUTHORIZATION NUMBER. EMAIL: SERVICE@ECORPNU.COM
This Limited Warranty is
void if failure of the Software has resulted from accident,
abuse, or misapplication. Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. Outside the United
States, neither these remedies nor any product support
services offered by Ecorpnu are available without proof of
purchase from an authorized non-U.S. source.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ECORPNU
DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT, WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL ECORPNU
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE PRODUCT
OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF Ecorpnu HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, Ecorpnu'S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS
LICENSE AGREEMENT SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY
YOU FOR THE SOFTWARE PRODUCT OR U.S. $1;
PROVIDED, HOWEVER, IF YOU HAVE ENTERED
INTO AN ECORPNU SUPPORT SERVICES
AGREEMENT, ECORPNU'S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-
safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead
directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Ecorpnu and
its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
GENERAL PROVISIONS
This statement may only be modified in writing signed by
you and an authorized officer of Ecorpnu. If any provision of
this statement is found void or unenforceable, the remainder
will remain valid and enforceable according to its terms. If
any remedy provided is determined to have failed for its
essential purpose, all limitations of liability and exclusions of
damages set forth in the Limited Warranty shall remain in
effect.
This statement shall be construed, interpreted and governed
by the laws of the State of New South Wales, Australia. This
statement gives you specific legal rights; you may have
others which vary from state to state and from country to
country. Ecorpnu reserves all rights not specifically granted
in this statement.