LICENCE AGREEMENT Software Product EasySMF for z

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					                                        LICENCE AGREEMENT

Software Product

EasySMF for z/OS ('software')

Introduction

This Licence Agreement is a legal agreement between you (either an individual or an entity) and Black
Hill Software Pty Ltd ABN 82 122 832 562 ("Black Hill Software'") for the software product identified
above.

By installing, copying, or otherwise using the software, you agree to be bound by the terms of this Licence
Agreement. If you do not agree to the terms of this Licence Agreement, do not install or use the software.

Licence Agreement Terms

1.      Grant of Licence

        1.1.    Black Hill Software grants to you a non-exclusive Licence to make and use copies of the
                software in the manner provided below.

        1.2.    The software is licensed, not sold, and Black Hill Software retains ownership of the
                software whether in its original form or as modified by you (with or without permission).

2.      Evaluation Period

        2.1.    You may install and use the software for a period of 30 days in order to evaluate the
                software.

        2.2.    After this period, you must either delete the software from all computers onto which it was
                installed or copied, or pay a Licence Fee for continued use.

3.      Site Licence

        If you purchase a Site Licence (also known as a Standard License):

        3.1.    the software may be used:

                (a)     by you; or

                (b)     by any person in your organisation

                (c)     to process data from the number of z/OS systems (z/OS LPARs) specified in the
                        Licence.

        3.2.    you may make such number of copies of the software as is necessary to serve your
                internal needs and for back up and security;

        3.3.    the number of people in the organisation who may use the software is not limited; and

        3.4.    the software may be installed on and used on any number of computers, workstations, or
                terminals ("device")
     for the duration of the Licence.

4.   User Licence

     If you purchase a User Licence:

     4.1.    the software may be used:

             (a)     by the number of people in your organisation specified in the Licence

             (b)     to process data from any z/OS system.

     4.2.    you may make such number of copies of the software as is necessary for back up and
             security;

     4.3.    the software may be installed on and used on the number of computers, workstations, or
             terminals ("device") as specified by the number of Users in the Licence (e.g. a 4 User
             License allows the software to be installed on up to 4 computers, for use by up to 4
             people.)

     for the duration of the Licence.

5.   Personal Licence

     If you purchase a Personal Licence:

     5.1.    the software may be used:

             (a)     only by the person named in the Licence

             (b)     to process data from any z/OS system.

     5.2.    you may make such number of copies of the software as is necessary for back up and
             security;

     5.3.    the software may be installed and used on up to 2 computers, workstations, or terminals
             ("device")

     for the duration of the Licence.

     5.4.    A Personal Licence is non-transferable.

6.   Licence Duration

     6.1.    The software is licensed for a specified time period. At the end of the Licence period, you
             must renew the Licence by paying a further Licence Fee to continue normal use.

     6.2.    If you do not renew the Licence and pay the further Licence Fee, you may continue to use
             the software to view data produced before the end of the Licence period. You may not
             use the software to view data produced after the end of the Licence period.

7.   Restrictions

     7.1.    You must not distribute the registration codes provided outside your organisation.
      7.2.    You may not modify, disassemble, decompile or reverse engineer the software or any
              portions of it.

      7.3.    You may not rent, lease, or lend the software.

      7.4.    You must immediately notify Black Hill Software if you become aware of any unauthorised
              use, copying or modification of the software.

8.    Termination

      8.1.    Without prejudice to any other rights, Black Hill Software may terminate the Licence if you
              fail to comply with the terms and conditions of this Licence Agreement.

      8.2.    In such event, you must destroy all copies of the software.

      8.3.    You may terminate the Licence at any time by destroying the original and all copies of the
              software in whatever form.

9.    Intellectual Property Rights

      9.1.    All intellectual property rights in the software are retained by Black Hill Software.

      9.2.    Without limiting the foregoing, all copyright in the software is owned by Black Hill
              Software and is protected by Australian copyright laws and international treaty provisions.

10.   Limitation of liability

      10.1.   Except in relation to personal injury (including sickness and death), property damage or
              an infringement of confidentiality or intellectual property rights, the liability of Black Hill
              Software in damages (including special, indirect or consequential damages, which
              damages will be deemed to include loss of revenue, loss of profit and opportunity loss) in
              respect of any act or omission of the supplier in connection with its obligations under this
              agreement will not exceed the amount of the Licence Fee, even if Black Hill Software has
              been advised by you as to the possibility of such losses being incurred.

      10.2.   Subject to 10.3, any condition or warranty which would otherwise be implied in this
              Licence Agreement is hereby excluded.

      10.3.   Where any legislation implies in this Licence Agreement any condition or warranty, and
              that legislation prohibits or avoids provisions which exclude or modify the application or
              exercise of such condition or warranty, such condition or warranty shall be deemed to be
              included in this Licence Agreement, but Black Hill Software's liability for breach of such
              condition or warranty shall be limited to (at Black Hill Software's option), one of the
              following:

              (a)     replacement of the software; or

              (b)     refund of the current Licence Fee.

11.   Risk

      Risk in the software passes to you when you download or install the software

12.   Entire Agreement
      12.1.   This Licence Agreement supersedes all prior arrangements, agreements and
              undertakings between the parties relating to the software.

      12.2.   No addition or modification of any provision of this Licence Agreement shall be binding on
              the parties unless made in writing.

13.   Law

      This Licence Agreement shall be governed by and construed in accordance with the laws of
      Victoria, Australia, and the parties agree to submit to the jurisdiction of the courts and tribunals of
      that State.

				
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