NISPEC Pty Ltd LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
Please read this agreement. Installing or using “Gen.IT” will indicate your acceptance.
- License Agreement represents the current document.
- Software represents the “Gen.IT” product.
- Licensee represents the person or company that has purchased this copy of the Software and is clearly displayed by the unlocker tool that accompanies the current document.
- Seat/PC Count represents the number of licensed seats. Seat/PC Count, if greater than 1, is clearly displayed on the Invoice. If the no mention regarding Seat/PC Count is made then Seat/PC Count is considered to be equal to 1.
- Authorized Individual is a person that uses an instance of Software, once Software was installed on a computer belonging to Licensee. If this copy of Software was purchased by a person, then Authorized Individual and Licensee is one and the same person with the purchaser. If Software was purchased by a company, then Authorized Individual must be an employee of, or a contractor working for Licensee.
- NISPEC Pty Ltd provides Software and licenses its use to Licensee. Licensee is responsible for selecting Software to achieve its intended results and for the installation, use and results obtained from Software. Software, including its code, documentation, appearance, structure and organization, is a proprietary product of NISPEC Pty Ltd and is protected by the law. Title to Software, or any copy, modification or merged portion of Software, shall at all times remain with NISPEC Pty Ltd.
- Software may be used by a number of Authorized Individuals that is smaller or equal to Seat/PC Count. If one or more Authorized Individual s alternately use several computers (for example, a laptop and a desktop) then Software may be installed on each of these computers as long as Software is only used by an Authorized Individual.
- A reasonable number of copies of Software may be made for backup or archival purposes only.
- The transfer of Software together with the License Agreement may be not made to another person or company. Software is licensed as Standard or Enterprise. The Standard license is restricted via hardware lock to a single PC. The Enterprise license is restricted via a Domain lock tto a single Windows Domain. Licenses may not be transfered to another entity unless agreed to by NISPEC Pty Ltd. A licess reissue fee may apply. Transferring Software and the License Agreement to another person or company also requires that all the copies of existing Software, licenses and its documentation be destroyed.
- If any provision of this License Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
- NISPEC Pty LTD may place the licensee’s company logo, name and/or country of purchase on their web site(s) for marketing purposes only.
- Gen.IT is licensed in either Standard or Enterprise versions, usage restrictions apply.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SOFTWARE IS LICENSED AND
PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY KIND OF WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NISPEC Pty Ltd warrants that Software will substantially perform the functions or generally conform to Software ‘s specifications published by NISPEC Pty Ltd. NISPEC Pty Ltd does not warrant that the functions contained in Software will meet Licensee‘s requirements or that the operation of Software will be entirely error free or appear precisely as described in the Software documentation.
The developers or their associates can not be held liable for any outcomes, desirable or not, related to the use or failure of this tool.
Remedies and Liabilities
NISPEC Pty Ltd makes available trial versions of Software to testing and suitablity assesment purposes. It is up the the licensee to ensure Software is fit for purpose as compatible with existing infrastructure prior to purchase. As such, no refunds will be provided. In no event will NISPEC Pty Ltd be liable for any damages, including lost profits, lost savings, or other direct, indirect, incidental or consequential damages, arising out of the use or inability to use Software, even if NISPEC Pty Ltd or a dealer authorized by NISPEC Pty Ltd has been advised of the possibility of such damages.