Janus Astrology Software License Agreement
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
Use of the software provided with this agreement constitutes your acceptance of the following terms. If you do not agree to the terms of this agreement, do not install and/or use this software. Any use of this software is conditional upon your compliance with the terms of this agreement.
For the purposes of this agreement the following definitions shall apply:
The "software" means Janus Astrology Software.
The "Licensor" means Astrology House of 147A Centreway Road, Orewa 0931, New
The "Licensee" means the company, entity or individual who intends to use the software.
"you" means the Licensee.
"use" means storage, installation, execution or display of the Janus Astrology Software or utilization of the interpretation texts and data or calculations produced by the software in way shape or form including electronic or printed.
"system" means a single computer system and/or terminal.
GRANT OF LICENSE
The Licensee agrees to abide by the terms of this license, the Licensor and or its successors grants to the Licensee a non-exclusive, non-transferable license to use the software on a system subject to the following terms and conditions. This license is not transferable to any other hardware product system or other company entity or individual without the express permission of the Licensor or its agent or representative.
END USER RESPONSIBILITY
It is the Licensee's responsibility to determine whether the software meets your particular requirements and is suitable for use on the intended equipment.
The Licensee is also responsible for installing the software.
The software is owned by Mark Griffin Hamish Saunders Angela Thomas their successors assignees or contractual partners agents or representatives who retain title to the software.
Mark Griffin, Hamish Saunders, Angela Thomas their successors assignees or contractual partners agents or representatives retain exclusive title to all copies made of the software in whatsoever form or in whatsoever media. This license confers no title ownership in the software and should not be construed as a sale of any right in the software.
COPYRIGHT TRADE MARK PATENT AND INTELLECTUAL PROPERTY RIGHTS
New Zealand copyright law and international treaty provisions protect this software. The Licensee acknowledges that no title to the intellectual property in the software is transferred to you. The Licensee further acknowledges that title and full ownership rights to the software will remain the exclusive property of Mark Griffin, Hamish Saunders and Angela Thomas or the suppliers partners or agents of the Licensor and you will not acquire any rights in or to the software except as expressly set forth in this license. The Licensee acknowledges that all trademarks trade names service marks copyright patents and any other intellectual property rights incorporated or embodied in or connected with the software are the sole property of the respective copyright owners.
INSTALLATION AND REPRODUCTION RIGHT
The Licensee may install the software onto two (2) separate computers solely for their own personal use and copy the software once only onto a backup media.
The Licensee may not exchange copy or reproduce the software with or for third parties without the express permission of the Licensor its agent or representative.
USE OF SOFTWARE AND INTERPRETATION TEXTS
The provision of interpretation texts does not constitute an offer, solicitation or invitation for their use in any jurisdiction in which such use is prohibited by law. It is the responsibility of each person to determine the law that applies in the location in which he or she is present. Each person should ensure that he or she would be acting legally in that jurisdiction when using the interpretation texts and the software. Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party can accept no responsibility for the illegal use of the interpretation texts or of the software in any jurisdiction.
Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on the interpretation texts or the use of or reliance on the software, including loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages.
Every effort has been made to ensure the accuracy of the interpretation texts and the data provided by and from the software. However, Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party assumes no responsibility for the accuracy of the interpretation texts information or data provided.
Nothing contained in the interpretation texts or the software shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark or copyright of Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party.
Any alteration of whatsoever nature made to the interpretation texts remain the sole and exclusive responsibility of the person making such alteration and cannot be construed as incorporating or constituting an endorsement or a recommendation of or by Mark Griffin Hamish Saunders Angela Thomas the Licensor its successor agents representatives or any third party. You are prohibited from making such alterations as would be unlawful, threatening, libellous, defamatory, obscene, pornographic, or be of such a nature as would violate any state, federal, national or international law or which would contravene any law in any jurisdiction in which they are made published or distributed whatsoever.
The Licensee may not copy rent lease sell sub-license assign decompile disassemble or otherwise reverse engineer, create derivative works based on the software nor transfer all or any part of the software to any third party except as provided in this agreement without the express permission of the Licensor its successor agent or representative.
TERMINATION OF LICENSE AGREEMENT
Without prejudice to any other rights this license shall terminate immediately upon the breach of any of the terms or conditions of this license.
Upon termination the Licensee shall remove the software from your computer(s), including backup copies modified copies, or any other copies of whatsoever nature.
SOFTWARE WARRANTY DISCLAIMER
The software is provided 'as is'. The Licensor warrants that the software provides the facilities and functions set out in the software specification when properly used in conjunction with compatible and non-defunct equipment and that the documentation will provide adequate instruction to enable the proper use of the software facilities and functions.
The Licensor's warranty shall be limited to replacement or modification of the software so that it conforms to the software specifications to be made within a reasonable time of notice from the Licensee requiring the remedy of the software defect or error.
The Licensor shall have no liability or obligation under this warranty unless the Licensee provides to the Licensor written notice of the software defect or error not later than ninety (90) days from the date of installation of the software.
If the Licensor so decides at its absolute discretion that a remedy of any defect or error of the software cannot be made it shall have the right to refund the Licensee the purchase price of the software.
Any liability of the Licensor it successors agent or representative including the
seller or distributor shall be limited to product replacement or refund of the purchase price of software.
LIMITATION OF LIABILITY
Save as provided above no warranty, condition, undertaking or term expressed or implied, statutory or otherwise as to the condition quality performance suitability or fitness for purpose of the software is given or assumed by the Licensor its successor agent or representative including any seller or distributor of the software and all such warranties conditions undertakings and terms are excluded.
The Licensor its successor servant agent sub-contractor representative including any seller or distributor of the software shall not in any circumstances be liable for any loss or damage whatsoever whether direct or indirect and howsoever caused (including without prejudice to the generality of the foregoing any loss of profits or contracts or other financial or consequential loss) arising from or as a result of any breach by the Licensor its successor servant agent sub-contractor representative including any seller or distributor of the software, of any express or implied term of this License or any tort or negligence committed by the Licensor successor servant agent sub-contractor representative including any seller or distributor of the software in connection with the performance of obligations under this License or in the provision of the software.
It is the responsibility of the Licensee to make backups and to choose and
maintain appropriate system hardware and system operating software.
There is no guarantee of uninterrupted service or replacement of lost data.
If the limitation on liability is unenforceable at law, then the liability shall not exceed the license fee paid.
The Licensee acknowledges that he or she has read this agreement understands it and agrees to be bound by its terms and conditions.
This agreement shall be construed in accordance with New Zealand Law. Any dispute arising out of or in connection with it shall be within the non-exclusive jurisdiction of the New Zealand Courts of Law regardless of the place of its actual execution delivery and performance.
If any provision term or condition hereof or of any specific agreement shall be held by a court of competent jurisdiction to be invalid or avoidable such provision shall be struck out and the remainder thereof shall stand in full force and effect.
Nothing in this License shall affect the statutory rights of a consumer.
This agreement contains the whole understanding of the parties, supersedes all previous oral written or electronic representations or agreements and may not be changed modified or discharged orally.