Exinda End User License Agreement (EULA)

Notice to users: carefully read the following legal agreement. Use of the software provided with this agreement ("software") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, promptly return the complete software package (and any other devices delivered with this package) to the dealer from whom you obtained this product for a full refund. If you have any questions concerning this agreement contact legal@exinda.com.

License grant: the software is licensed, not sold. Upon the valid purchase of a license to the software and except as otherwise specified in an accompanying license summary, invoice or other documents evidencing the purchase of the software license, Exinda grants you a non-exclusive, non-transferable license to use the software during the subscription period on servers connected to a maximum number of user computers not exceeding the number of user computers specified in the packaging accompanying the software or in any supplemental agreements. This license to use the software is conditioned upon your compliance with the terms of this agreement. You agree you will only compile the software into any machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the software. This license is effective until terminated. You may terminate it at any point by destroying the software together with all copies of the software. Exinda has the option to terminate this agreement if you fail to comply with any term or condition of this agreement. You agree upon such termination to destroy the software together with all copies of the software.

Reverse engineering: you may not reverse engineer, decompile, modify or disassemble the software in whole or in part.

Copyright: all title and copyrights in and to the software, and accompanying printed materials are owned by Exinda. The software is protected by copyright laws and international treaty provisions. The software is copyright (c) 2002 Exinda networks PTY LTD, all rights reserved. The software remains the sole and exclusive property of Exinda at all times.

Limited warranty: Exinda warrants that for a period of thirty (30) days from the date of shipment from Exinda: (i) the software will be free of defects in workmanship under normal use, and (ii) the software substantially conforms to its published specifications. Except as expressly granted in this agreement the software is provided as is. In no event shall Exinda, or any of its affiliates, subsidiaries or suppliers (each an "Exinda party" and together the "Exinda parties") be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this software, even if such Exinda party has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

No other warranties: None of the Exinda parties warrant that the software is error free. Except for the "limited warranty" in section 4 ("limited warranty"), the Exinda parties disclaim all other warranties with respect to the software, either express or implied. Including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitation on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.

Severability: in the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

Applicable law: this license will be governed by the laws of the State of Victoria, Australia. In the event of any dispute arising out of this agreement the parties hereby agree to submit to the jurisdiction of the courts of the State of Victoria, Australia.

Entire agreement: this is the entire agreement between you and Exinda which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.