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Software License Agreement |
  
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Software License Agreement |
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Please read the entire contents of this Agreement before installing or registering the Software. This Agreement is displayed prominently so that you can read it before installation. If you install and register the Software then you accept automatically the Terms and Conditions of this Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, RETURN THE PACKAGE UNINSTALLED WITHIN SEVEN (7) WORKING DAYS TO THE PLACE OF PURCHASE FOR A REFUND.
1. Grant of License
e-PayDay Pty Ltd grants you the right to use one (1) copy of the Software on a single computer or terminal. The Software is in "use" on a computer or terminal when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. Hard Disk, CD ROM, or other storage device) of the relevant computer.
You must enter into an additional license from e-PayDay Pty Ltd and thereby obtain a further copy of the Software before using the Software in connection with any other equipment.
2. Copyright
The Software is owned by e-PayDay Pty Ltd or its suppliers and is protected by copyright laws, international treaty provisions, and all other national applicable national laws. Therefore you must treat the Software like any other copyright material (e.g. a book, or musical recording) except that if the Software is not copy protected you may either:
(a) Make one copy of the Software solely for backup or archival purposes,
or
(b) Transfer the Software to a single hard disk provided you keep the original for backup or archival purposes. You may not copy the product manual(s) or written Materials accompanying the Software.
3. Other Restrictions
You may not rent or lease the Software, but you may transfer your rights under this Software License Agreement on a permanent basis provided you transfer all copies of the Software and all written material, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Software. Any transfer must include the most recent update of all prior versions.
4. Termination
The License is effective until terminated. This License will terminate automatically without notice from e-PayDay Pty Ltd if you fail to comply with any provisions of this Agreement. Upon termination of this Agreement for any reason you shall have no right to a refund of the whole or any part of the license fees or other amounts paid for this license (except as expressly provided in this Agreement).
Termination shall be without prejudice to any rights e-PayDay Pty Ltd may have as a result of breach of this Agreement.
5. Limited Warranty
e-PayDay Pty Ltd warrants that the diskettes on which the Software is recorded will be free from defects in materials and faulty workmanship under normal use for a period of 90 days from the date of delivery. If a defect occurs during this period, you may return any faulty diskettes to e-PayDay Pty Ltd along with a dated proof of purchase. If the diskette is defective, e-PayDay Pty Ltd will replace it free of charge except where failure of the diskette has resulted from accident, abuse or application after supply. The Software is not warranted to be free from error or to operate uninterruptedly.
6. Exclusions of Other Warranties
To the fullest extent permitted by law, and except as expressly contained in the Agreement, all conditions and warranties, whether express or implied, are hereby excluded. When a condition or warranty is incapable of exclusion, to the fullest permitted by law the liability of e-PayDay Pty Ltd shall be limited, at e-PayDay's Pty Ltd option, to either:
(a) Replacement of the Software or supply of equivalent software; or
(b) The payment of the cost of replacing the Software or of acquiring equivalent software.
You acknowledge that no promise, representation, warranty or undertaking has been made or given by e-PayDay Pty Ltd or any person on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Software. You have relied on your own skill and judgement in deciding to acquire the Software and any accompanying hardware.
Except as and to the extent provided above, under no circumstances shall e-PayDay Pty Ltd or any related company be liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from the supply or use of the Software and any accompanying hardware and written materials or any failure by e-PayDay Pty Ltd or any related company to perform any obligations or observe any terms of this Agreement.
7. Severability
If any provision of this Agreement is held to be invalid or unenforceable such invalidity or unenforceability will not effect the enforceability of any other provision of this Agreement.
8. Governing Law
This Agreement is governed by the laws of the State of Queensland, Australia.
9. Entire Agreement
This Agreement constitutes the entire Agreement between the parties as to the supply and licensing of the Software and supersedes any and all prior oral and written understandings or agreements to the supply and licensing of the Software.
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