Beta Test / End User
License Agreement (EULA)
PLEASE READ CAREFULLY:
This EULA is a legal Agreement between Scramit Software (SCRAMIT) and
you (either an individual or a single entity). This Agreement covers all
software, data, documentation, written materials, files and information
("Software") which it accompanies. This Agreement takes precedence over any
other agreement embedded within the software.
If you do not agree with any term or
condition, do not download, order, open, install or use the product package.
Contact SCRAMIT to arrange the return of the software and accompanying
materials to SCRAMIT at no charge to you.
Confidentiality: The enclosed Software is Confidential
Information. You will not disclose Software or any comments regarding Software
to any third party without the prior written approval of SCRAMIT. You will
maintain the confidentiality of Software with at least the same degree of care
that you use to protect your own confidential and proprietary information, but
not less than a reasonable degree of care under the circumstances. You will not
be liable for the disclosure of any Confidential Information which is: (a) in
the public domain other than by a breach of this Agreement on your part; or (b)
rightfully received from a third party without any obligation of
confidentiality; or (c) rightfully known to you without any limitation on use
or disclosure prior to its receipt from SCRAMIT; or (d) independently developed
by your employees; or (e) generally made available to third parties by SCRAMIT
without restriction on disclosure.
License: SCRAMIT grants you the right to copy the
software onto a single computer for your internal use. You will not use, copy,
modify, sell or transfer any part of the Software except as provided in this
Agreement.
Restrictions: Except as
specifically permitted in writing, you may not: (a) Copy the Software except as
provided in this Agreement or elsewhere by SCRAMIT. (b) Sublicense or permit
simultaneous use of the Software by more than one user. (c) Reverse engineer,
decompile, or disassemble the Software. (d) rent, lease, or lend the Software.
You may NOT transfer the Software under any circumstances.
Ownership And Copyright Of Software: Title to the
Software and all copies thereof remain with SCRAMIT or its suppliers. The
Software is copyrighted and is protected by Australian copyright laws and
international treaty provisions. You will not remove copyright notices from the
Software. You agree to prevent any unauthorized copying of the Software. Except
as expressly provided herein, SCRAMIT does not grant any express or implied
right to you under SCRAMIT patents, copyrights, trademarks, or trade secret
information.
Term Of This Agreement: If
not terminated sooner by SCRAMIT, this license to use Software expires one year
after the date of delivery of Software from SCRAMIT to you, after which you
shall either return all Software to SCRAMIT or shall certify that the Software
has been destroyed, with no copies of any kind remaining. SCRAMIT may terminate
this license at any time without any liability. No
Obligation Created: Provision of any Software under this Agreement is
experimental and shall not create any obligation for SCRAMIT to continue to
develop, productize, support, repair, offer for sale or in any other way
continue to provide or develop Software either to you or to any other party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN NO EVENT SHALL SCRAMIT OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, EVEN IF SCRAMIT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
THE SOFTWARE IS BELIEVED TO
CONTAIN DEFECTS AND ONE PURPOSE OF THIS BETA TEST LICENSE IS TO IDENTIFY
DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT
RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF SOFTWARE.
PLEASE NOTE
PRESSING THIS BUTTON MORE THAN ONCE ONLY PROVIDES DUPLICATES OF SCRAMIT.
SCRAMIT WILL NOT COMMUNICATE WITH DUPLICATE COPIES
PLEASE REFRESH YOUR SCREEN BEFORE REQUESTING FURTHER ORIGINAL COPIES TO GIVE YOUR FRIENDS.
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