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ES-Builder Expert System Shell Software
Software School Site Licence
End User Licence Agreement (EULA) (April 2005)
ES-Builder ("Licensed Program") was developed
by McGoo Software, a software developer based in Queensland, Australia. McGoo Software
grants a "right to use" site license of the Licensed Program to
a licensed school community for this software ("Licensee") for use under
the following conditions:
1. License
1.1 Under the terms of this license, the Licensee is given a personal non-exclusive,
non-transferable license to:
a) Use the licensed program for educational purposes only within the licensed school
community. For the purposes of this licence, the homes of teachers and students
of the licenced school community are considered to be part of the school community.
b) Members of the licensed school community may copy the licensed program to any
school community computer for work-related purposes and for archival and backup
purposes. All copies of the licensed program remain the property of McGoo Software.
1.2 The Licensee must reproduce and include in all copies of the Licensed
Program all proprietary notices found in the materials licensed including all files
distributed in the licenced setup program.
2. Warranties
2.1 McGoo Software warrants that the licensed
program does not infringe any third party copyrights or patents in Australia. This
warranty shall not apply to the extent that infringement is based on any misuse
or modification of the licensed program or any action which exceeds the scope of
the license granted herein.
THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT SYSTEM LICENSED HEREUNDER
US OF MERCHANTABLE QUALITY, OR ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.
McGoo Software specifically disclaims all express warranties except those made in
this agreement.
3. Limitation of Liability
In no event, unless required by law, will McGoo Software be liable for any
direct, indirect, special, incidental, or consequential damages arising out of the
use of or inability to use the licensed program, even if advised of the possibility
of such damages. Specifically, McGoo Software is not responsible for any costs including,
but not limited to, those incurred as a result of lost profits or revenue, loss
of use of the product, loss of data, the costs of recovering such software
or data, the cost of substitute software or data, claims by third parties or other
similar costs.
4. Applicable Law
This license is governed by the laws of the State of Queensland, Australia.
5. Term
This license will automatically terminate if the Licensee fails to comply with any
term or condition of this agreement. The Licensee agrees in such an event to return
the licensed program and all accompanying materials, or destroy them along with
any other backup copies made.
6. Transfer of Licence
6.1 This licence is not transferable.
7. Product Specific Terms
7.1 This license does not permit the Licensee to alter, modify, improve, disassemble
or reverse-engineer the Licensed Program. Especially, the Licensee shall not remove
any proprietary copyright legend from the Licensed Program or any part thereof.
7.2 All materials developed as a consequence of the Licensed Program shall
duly acknowledge such use, in accordance with the usual standards of acknowledging
credit in academic research.
Entire Agreement
THE LICENSEE ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THE LICENSEE FURTHER AGREES THAT
IT IS THIS COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR WRITTEN AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER SUCH COMMUNICATIONS
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
McGoo Software
19 Lancewood Court
Torquay Woods
HERVEY BAY Q 4655
AUSTRALIA
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