Permission to use this JuxtaCode program (“the software”) during the beta testing period is conditional upon you, the licensee, agreeing to the terms set out below. The software is only offered to you on condition that you read and accept all the terms of this licence and wish to become a licensee of the software. Acceptance will bind you and all of your employees to the terms of the licence. By clicking “Accept”, you will be deemed to have accepted the following terms. If you do not wish to accept the terms, you must not click “Accept” and you may not use the software.
Pursuant to this licence, Yori Mihalakopoulos (“the licensor”) grants a non-exclusive right to the licensee to use the software during the beta testing period subject to the terms and conditions set out below.
This licence extends to any accompanying documentation. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this agreement.
3. Licensee’s obligations
The licensee undertakes the following obligations:
to not copy, reproduce, translate, adapt, reverse engineer, decompile, vary or modify the software without the express consent of the licensor;
to supervise and control the use of the software in accordance with the terms of this licence;
to ensure its employees, sub-contractors and other agents who have authorised access to the software are made aware of the terms of this licence;
to not provide or otherwise make available the software in any form to any person other than those referred to in paragraph 3(c) without the written consent of the licensor; and
to not give, lease, assign, licence, sub-licence, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts.
The licensee acknowledges that the software cannot be guaranteed error free and further acknowledges that the existence of any such errors must not constitute a breach of this agreement.
The licensor is not required to provide a subsequent commercial release version of the software pursuant to this agreement. For the avoidance of doubt, the provision of a subsequent commercial release version will be the subject of a separate agreement.
The licensee is under no obligation to acquire a subsequent commercial release version of the software.
Subject to clause 4(e), the licensor will not be liable for any indirect or consequential loss or damage arising out of a breach of this agreement or arising out of the supply of a defective software.
Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this agreement or protected by law to the extent that such exclusion, restriction or modification would render this agreement or any provision of this agreement void, illegal or unenforceable. Subject to the previously mentioned exclusion, restriction and modification, any condition, warranty, right or liability which would otherwise be implied in this agreement or protected by law is excluded.
The licensee acknowledges that at no time prior to entering into this agreement has it relied on any representation by the licensor regarding the software which the licensee has not been able to verify, or had the opportunity to verify, independently;
- Subject to clause 4(g)(ii), any condition or warranty which would otherwise be implied in this agreement is excluded.
- liability for breach of a guarantee conferred by the Australian Consumer Law other than those conferred by sections 51-53 of that law, is limited to any one of the following as determined by the licensor, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired.
5. Copyright and trade marks
- The licensee acknowledges that the software and documentation are the subject of copyright. The licensee will not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the previously mentioned copyright, the licensee specifically acknowledges that it may not copy the software except as otherwise expressly authorised or acknowledged by this agreement.
- You must not during or at any time after the expiry or termination of this licence permit any act which infringes the supplier’s trade marks used in connection with the software.
- The licensee will indemnify the licensor fully against all liabilities, costs and expenses which the licensor may incur to a third party as a result of the licensee’s breach of the copyright provisions of this licence.
6. Term of licence
The licence commences upon the licensee’s acceptance of these terms and conditions and will expire upon the conclusion of the beta testing period to be determined at the sole discretion of the licensor.
This licence may be terminated if the licensee is in breach of any terms of this agreement.
Termination pursuant to this clause will not affect any rights or remedies which the licensor may have otherwise under this licence or at law.
The benefit of this agreement will not be dealt with in any way by the licensee (whether by assignment, sub-licensing or otherwise) without the licensor’s written consent.
Failure or neglect by either party to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of that party’s rights under this licence.
9. Governing law
This licence will be governed by and construed according to the law of the Victoria, Australia.