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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