End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT: this End User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Tieline Pty Ltd and/or Tieline Research Pty Ltd, ("Tieline") that governs the use of any Software Product, installed on or made available by Tieline for use with your Tieline product, ("Tieline Software"), that is not otherwise subject to a written license agreement between you and Tieline or it's suppliers. The term "Software Product" means electronic software and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the Product. Tieserver and Report-IT Enterprise are subject to a separate agreement which must be accepted during registration. The Tieserver and Report-IT Enterprise terms and conditions are available on the www.tieline.com website.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE EULA TERMS, YOU MUST NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE PRODUCT; YOU MAY RETURN THE UNUSED SOFTWARE PRODUCT, ALONG WITH YOUR TIELINE HARDWARE (IF THE ELECTRONIC SOFTWARE IS INSTALLED ON YOUR TIELINE HARDWARE), WITHIN 7 DAYS OF PURCHASE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. GRANT OF LICENSE. Tieline grants you the following rights provided you comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product on your Tieline unit. You do not have the right to distribute the Product. You may load the Software Product into Your Unit's temporary memory (RAM) for purposes of using the Software Product.
b. Storage. You may copy the Product into the local memory or storage device of Tieline Hardware.
c. Copying. You may make archival or backup copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for backup purposes.
d. Reservations of Rights. Tieline reserves all rights not expressly granted to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary Tieline software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by Tieline as eligible for the upgrade.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by Tieline unless Tieline provides other terms along with the update or supplement.
a. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in the EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by Tieline or its suppliers and are protected by law, including but not limited to Australian copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or propriety restrictions from the Software Product. Tieline and its suppliers retain all rights not expressly granted.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that (a) the right to do so is mandated under applicable law notwithstanding this limitation or (b) it is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. You may reject or terminate it at any time by destroying the Software Product together with all copies, modifications, and merged portions in any form. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any terms and conditions of this EULA. You agree upon such termination to destroy the Software Product together with all copies, modifications, and merged portion in any form.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TIELINE AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES ALL WITH REGARDS TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of TIELINE and any of it's suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software Product or US$5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIELINE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTAIL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISOINS OF THIS EULA. EVEN IF TIELINE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. US GOVERNMENT CUTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the US Government under TIELINE's standard commercial license.
12. COMPLIANCE WITH LAW. You shall comply with all laws and regulations of Australia and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of legal age of majority in your state of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the State of Western Australia, Australia.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) is the entire agreement between you and Tieline relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Tieline policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.© 2003 Tieline Research Pty Ltd and Tieline Pty Ltd Tieline shall not be liable for technical or editorial errors or omissions herein. The information in this document is provided “as is” without warranty of any kind and is subject to change without notice. The warranties for Tieline products are set forth in the express limited statements accompanying such products. Nothing herein shall be construed as constituting an additional warranty.