The following Software licence Agreement (SLA) applies when installing Turbosoft software, including trial software but excluding TTerm for iPad. This SLA will be displayed for your approval during the install process.
Customers who purchase a Turbosoft product recieve a licence certificate (either physical or digital) which includes a separate SLA as shown below.
SOFTWARE LICENCE AGREEMENT
- This SOFTWARE, however provided including any accompanying written material is subject to copyright.
- Unauthorized copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software or of the written material is expressly forbidden.
- You may be held legally responsible for the copyright infringement which is caused or encouraged by your failure to abide by the terms of this Agreement.
- You may not distribute unauthorized copies of the SOFTWARE or accompanying written material to others.
- You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate or create derivable works based on the written material without the prior written consent of Turbosoft.
- Except as and to the extent that it is hereinbefore provided, under no circumstances shall Turbosoft 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 written material or any failure by Turbosoft or any related company to perform an obligation or observe any terms of this Agreement.
- When the SOFTWARE is installed for evaluation purposes, the SOFTWARE must only be used for that purpose and no other.
- When the SOFTWARE is installed for Licenced use, the conditions of use are governed by the Software Licence Agreement set out on the back of the Licence Certificate.
- The SOFTWARE and any media, packaging and documentation remains the property of Turbosoft and must be returned at the evaluator's expense to Turbosoft or to any other such place nominated by Turbosoft.
- The laws of New South Wales, Australia governs this agreement.
The following Software licence Agreement is supplied with purchased software, as noted in 8. above.
SOFTWARE LICENCE AGREEMENT
- 1. GRANT OF LICENCE - In consideration of payment of the LICENCE fee which is a part of the price you paid for this product, and your agreement to abide by the terms and conditions of this Licence and Warranty, Turbosoft grants to you the LICENSEE, a non-exclusive right to use and display this copy of a Turbosoft software program (hereinafter the “SOFTWARE”) only for the total number of users.
- OWNERSHIP OF SOFTWARE - As the LICENSEE you do not own the written materials enclosed or magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed but an express condition of this LICENCE is that Turbosoft retains title and ownership of the written materials, original disk and the SOFTWARE recorded there on as well as all subsequent copies of the SOFTWARE regardless of the form or media in or on which the original and other copies may exist. This LICENCE is not a sale of the original SOFTWARE or any copy.
- COPY RESTRICTIONS - This SOFTWARE and the accompanying written materials are the subject to copyright. Unauthorised copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this LICENCE . Subject to the restrictions above, and if the SOFTWARE is not copy protected, you may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
- USE RESTRICTIONS - As the LICENSEE, you may install the SOFTWARE on a number of computers or virtual computers that corresponds to the number of copies of the software for which you are licenced. You may transfer the software onto a replacement computer or virtual computer provided that the total number of installations does not exceed the number of copies of the software for which you are licenced. You may not modify, adapt, translate, reverse engineer, decompose, disassemble or create derivative works based on the software. You may not modify, adapt, translate or create derivable works based on the written materials without the prior written consent of Turbosoft.
- TRANSFER RESTRICTIONS - This SOFTWARE is licenced only to you, the LICENSEE and may not be transferred to anyone without the prior written consent of Turbosoft. Any authorised transferee of the SOFTWARE shall be bound by the terms and conditions of this LICENCE and Warranty. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
- TERMINATION - This LICENCE is effective until terminated. This LICENCE will terminate, following reasonable notice from Turbosoft, if you fail to comply with any provision of this LICENCE or the purchase price is refunded under Clause 8 of this agreement. Upon termination of the licence you shall destroy the written materials and all copies of the SOFTWARE, including modified copies if any.
- UPDATE POLICY - Turbosoft may create, from time to time, updated versions of the SOFTWARE. At its option, Turbosoft may make such updates available to LICENSEES and transferees in accordance with your maintenance agreement. Supply of any such updates shall be subject to the terms and conditions of this LICENCE and reference to SOFTWARE in this LICENCE shall mean and include any such update.
- LIMITED WARRANTY
- a) If within ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the copy of the dealer receipt and the software registration card, LICENSEE notifies Turbosoft of a defect on the SOFTWARE (not caused by use, abuse, accident or misapplication) Turbosoft shall at its sole discretion either (i) return the purchase price; or (ii) replace the SOFTWARE. In the event of replacement of the SOFTWARE the replacement will be warranted for the reminder of the original warranty period or thirty (30) days, whichever is longer.
- b) To the full extent permitted by the State or Territory law or laws applicable to this Agreement, any conditions or warranties imposed by such legislation are hereby excluded insofar as liability under or pursuant to any legislation whether of State, Territory or Commonwealth, may not be excluded, such liability is limited to (i) replacement of the SOFTWARE; (ii) correction of defects in the SOFTWARE at the exclusive option of Turbosoft.
- c)The LICENSEE acknowledges that no promise, representation or warranty undertaking has been made or given by Turbosoft or any person or company 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 and any accompanying written material as to its merchantability or fitness for any purposes and the materials for use by the LICENSEE. This Agreement constitutes the entire agreement and understanding between the parties in relation to the supply of SOFTWARE and the accompanying written material to the LICENSEE.
- d) Except as and to the extent that it is hereinbefore provided, under no circumstances shall Turbosoft 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 supply or use of the SOFTWARE and written materials or any failure by Turbosoft or any related company to perform an obligation or observe any terms of this Agreement .
This agreement is governed by the laws of New South Wales, Australia.