DreamConnect 3

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WARNING: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW. YOU WILL NOT BE ABLE TO DOWNLOAD OR INSTALL THIS SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE AND INDICATED THAT YOU WISHED TO BECOME THE LICENSEE OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THE LICENSE. YOUR DOWNLOADING AND INSTALLATION OF THIS SOFTWARE IS DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS, TOGETHER WITH YOUR SPECIFIC INDICATION OF ACCEPTANCE AS PROVIDED FOR ON THIS SITE AND BY YOUR SPECIFIC ACTIONS. IF YOU DO NOT WISH TO ACCEPT THE TERMS, DO NOT ACCEPT THIS LICENSE OR DOWNLOAD AND INSTALL THE SOFTWARE BY ANY OTHER MEANS. THE TERM "SOFTWARE" INCLUDES A REFERENCE TO ANY ASSOCIATED MEDIA, PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION.

1. LICENSE

Pursuant to this license, the licensee acquires a non-exclusive right to:

(a) install and/or operate the Software on only one machine at any one time; and
(b) use the Software strictly in accordance with the provisions of this license; and
(c) make one copy for backup purposes only.

2. LICENSE FEE

Subject to clause 3, the licensee is not entitled to use the program until the license fee has been paid in the manner required by DreamSpring Pty Ltd.

3. EVALUATION VERSION

Without the payment of a license fee, the licensee is entitled to use the Software solely for evaluation purposes. Evaluation excludes specifically any use for a commercial or production purpose or a live or production environment. The evaluation version of the DreamSpring Software may have various limitations, including but not limited to limited functionality. The licensee shall not use the Software to develop or to assist others to develop software programs and any portion of the Software merged into any other Software will continue to be subject to the terms and conditions of this agreement.

4. LICENSEE'S OBLIGATIONS

The licensee hereby undertakes the following obligations:

(a) to not copy, reproduce, translate, adapt, vary or modify the Software without the express consent of DreamSpring Pty Ltd, except as expressly authorised by this agreement;

(b) to supervise and control the use of the Software in accordance with the terms of this license;

(c) to not reverse engineer, decompile, dissemble, modify or redistribute the Software;

(d) to not remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software;

(e) not to sell, rent, lease or sublicense the Software.

5. TERM OF LICENSE

5.1 This license commences upon payment of the license fee and is granted in perpetuity, but may be terminated in the following circumstances:

(a) if the licensee is in breach of any term of this agreement;

(b) if the licensee, being a corporation, becomes the subject of insolvency proceedings;

(c) if the licensee, being a firm or partnership, is dissolved; or

(d) if the licensee destroys the program and documentation for any reason;

(e) if the licensee uses an installation key that is not theirs or uses one other than the one assigned to the licensee under a license of the Software, or generates one other than by acquiring the license from DreamSpring Pty Ltd and having the Software provided to them in accordance with that license.

5.2 Upon termination, the licensee or its representative shall destroy any remaining copies of the Software and documentation or otherwise return or dispose of such material in the manner directed by DreamSpring Pty Ltd.

5.3 Termination pursuant to this clause shall not affect any rights or remedies which DreamSpring Pty Ltd may have otherwise under this license or at law.

6. COPYRIGHT AND INTELLECTUAL PROPERTY

All title, ownership rights and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by the licensor.

The licensee acknowledges such ownership and intellectual property rights and will not take any action to breach, jeopardise, limit or interfere in any manner with the licensor's ownership of or rights to the Software.

7. NO WARRANTIES

The licensor expressly disclaims to the greatest extent permissible by law any warranty in relation to the Software. The Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with the licensee.

8. NO LIABILITY FOR DAMAGE

In no event shall the Licensor or its suppliers be liable for any claim whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, goodwill, work stoppage, computer failure or malfunction, or any and all other commercial or consequential losses or damages or any other pecuniary or economic loss) arising out of the use of or inability to use the Software, even if the licensor has been advised of the possibility of such damages, and regardless of the legal or equitable basis (contract, tort, negligence or otherwise) upon which the claim is based. In any case, the licensor's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the license fees the licensee paid to the licensor for the Software pursuant to this agreement. Because some countries/states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the licensee.

9. ASSIGNMENT

The benefit of this agreement shall not be dealt with in any way by the licensee (whether by assignment, sub-licensing or otherwise) without DreamSpring Pty Ltd's written consent.

10. WAIVER

Failure or neglect by either party to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of that party's rights under this license.

11. GOVERNING LAW

This license shall be governed by and construed according to the law of Queensland, Australia.

12. ENTIRE AGREEMENT

This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties in relation to those acts, matters or things that are contained in this Agreement. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.