Appendix D—Software License Agreement
Page 78
ACN 007 916 672
Sentek Pty Ltd
otherwise provided, Sentek grants no express or implied right under
Sentek patents, copyrights, trademarks, or other intellectual property
rights.
2.2
Licensee agrees to prevent any unauthorized copying or use of the
Software and user manual. Licensee will notify Sentek of any instances
where it knows or has reason to believe that any person or entity intends
to copy or use the Software and user manual in an unauthorized manner.
2.3
Licensee shall not use the Software and user manual in the performance
of a contract or subcontract with any Government in a manner so as to
affect Sentek’s rights to the Software and user manual. If Licensee
desires to use the Software or user manual in the performance of a
contract or subcontract with a Government, prior to such use, Licensee
shall consult with Sentek as to the procedures and use of restrictive
markings required to protect the ownership interest of Sentek.
III.
LIMITED WARRANTY
3.1
Sentek warrants that the media on which the Software is furnished will
be free from defects in materials and workmanship under normal use for
a period of thirty (30) days from the date of purchase ('Warranty
Period'). Licensee must notify Sentek in writing of the nonconformance
of the Software within the warranty period and return the Software to
Sentek within thirty (30) days after such discovery. Upon Licensee’s
return of any media that proves to be defective in materials or
workmanship, shipping prepaid, Sentek will replace the Software
without charge. Such replacement shall be Licensee’s sole and exclusive
remedy.
3.2
Sentek does not warrant that the Software will meet Licensee’s
requirements or that operation of the Software will be uninterrupted or
error-free. Sentek does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or
other items contained within the Software.
3.3
THE SOFTWARE AND USER MANUAL ARE PROVIDED 'AS IS'
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
CONCERNING THE SOFTWARE OR USER MANUAL, OR THE
USE OR OPERATION THEREOF, OR THE DATA GENERATED BY
THE OPERATION OR USE THEREOF. SENTEK HEREBY
EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ANY WARRANTY OF NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ANY
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