License Agreement for use of our products
ATTENTION: THIS IS A LICENSE, NOT A SALE. ALL PRODUCTS ARE PROVIDED UNDER THE
FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH A PRODUCT, AND CONTAINS
LIMITATIONS ON WARRANTIES AND OR REMEDIES. THIS LICENSE IS GRANTED BY TRIM
SYSTEMS P/L FOR PRODUCTS PURCHASED WITHIN AUSTRALIA.
LICENSE
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. USING THIS
PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE
TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE PRODUCT COMPLETE TO TRIM SYSTEMS
P/L WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT, FOR A FULL REFUND. THIS LICENSE
AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE:
TRIM SYSTEMS P/L ("we" or "us"), may provide you with storage media containing a
computer program (the "Program"), user manual, License (the "License"),
registration card and accompanying documents (together called the "Product") and
grants you a license to use the Product in accordance with the terms of this
License. The copyright and all other rights in the Product shall remain with us
or our suppliers. You must reproduce any copyright or other notice marked on the
Product on all copies you make.
B. YOU MAY:
1. use the Program only on a single computer or network, and only by a single
user at a time regardless of the number of original copies of the Program
included with the Product. If you wish to use the Program for more users, you
will need a further license for each user;
2. make one copy of the Program for archive or back-up purposes, and
3. transfer the Program to someone else, only if you assign all of your rights
under this License, cease all use of the Program, erase or destroy any copy
(including the hard disk copy) made in support of your use of the Program, and
the other person agrees to the terms of this License.
4 . if the product is an upgrade from another product, whether from us or
another supplier, you may use or transfer the product only in conjunction with
the upgraded product, unless you destroy it. If the product is an upgrade from a
TRIM SYSTEMS P/L product, you may only use that upgraded product in accordance
with this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License;
2. create scandalous, obscene or immoral works using the computer images
included with the Program;
3. publish or distribute the computer images, sound files or fonts included with
the Program as computer images, sound files or fonts;
4. use any of the computer images related to identifiable individuals or
entities in a manner which suggests their association with or endorsement of any
product or service;
5. translate, reverse engineer, decompile or disassemble the Program, except to
the extent the foregoing restriction is expressly prohibited by applicable law;
6. rent, lease, assign or transfer the Product except as set out above; or
7. modify the Program or merge all or any part the Program in another program.
D. TERM:
This License shall continue for as long as you use the Product. However, it will
terminate if you fail to comply with any of its terms or conditions. You agree,
upon termination, to destroy all copies of the Product. The Limitations of
Warranties and Liability set out below shall continue in force even after any
termination.
E. WARRANTY:
We warrant that the storage media in this Product will be free from defects in
materials and workmanship for 90 days from the date you acquire it. If such a
defect occurs, return it to us at the address below and we will replace it free.
This remedy is your exclusive remedy for breach of this warranty. It gives you
certain rights and you may have other legislated rights which vary from
jurisdiction to jurisdiction.
F. LIMITATION OF WARRANTIES AND LIABILITY:
Except for the express warranty above, the Product is provided on an "as is"
basis, without any other warranties, or conditions, express or implied,
including but not limited to warranties of merchantable quality, merchantability
or fitness for a particular purpose, or those arising by law, statute, usage of
trade or course of dealing. The entire risk as to the results and performance of
the Product is assumed by you. Neither we nor our dealers or suppliers shall
have any liability to you or any other person or entity for any indirect,
incidental, special or consequential damages whatsoever, including but not
limited to loss of revenue or profit, lost or damaged data or other commercial
or economic loss, even if we have been advised of the possibility of such
damages or they are foreseeable; or for claims by a third party. Our maximum
aggregate liability to you, and that of our dealers and suppliers shall not
exceed the amount paid by you for the Product. The limitations in this section
shall apply whether or not the alleged breach or default is a breach of a
fundamental condition or term, or a fundamental breach. Some states/countries do
not allow the exclusion or limitation of liability for consequential or
incidental damages so the above limitation may not apply to you.
G. RESTRICTED RIGHTS:
H. GENERAL:
This License is the entire agreement between us, supersedes any other agreement
or discussions, oral or written and may not be changed except by a written
signed agreement. If any provision of this License is declared by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, such provision
shall be severed from the License and the other provisions shall remain in full
force and effect.
Support Policies
We take pride in offering complete customer support for our products. We make them and know best how to fix problems that may arise. There are, however,
some limitations as to what we can do:
- We will support all product issues for 12 months from the date of purchase.
- We support all products for six months after they have been removed from our catalog.
- We may not offer free support for products which have been significantly
customised.
- Preferred communication is via our Online Help and Support site or email.
Refund Policy
Our products are classified as software and, as such, are usually not refundable. We gladly offer refunds on any items that prove to be incompatible
with your particular computer configuration. If you have installation problems with any product, please contact us as soon as possible. We can help resolve
the issue or refund your purchase price upon full return of any product supplied
to you (including its full removal from your system(s)).
|