Appendix D—Software License Agreement
Sentek Pty Ltd
ACN 007 916 672
Page 79
IMPLIED WARRANTY FROM A COURSE OF DEALING OR
USAGE OF TRADE.
IV.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SENTEK HAVE ANY LIABILITY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL AND SPECIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
BUSINESS INTERRUPTIONS, LOSS OF PROFITS, INFRINGEMENT
OF INTELLECTUAL PROPERTY OR REPROCUREMENT COSTS,
REGARDLESS OF WHETHER SENTEK HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGE OR LOSS. IN NO
EVENT SHALL SENTEK’S LIABILITY FOR DAMAGES EXCEED
THE LICENSE FEE PAID TO SENTEK FOR THE RIGHT TO USE THE
SOFTWARE UNDER THIS LICENSE.
V.
NO OTHER AGREEMENTS
The distributors and dealers of Sentek, including their agents and
employees, are not authorized to modify this License nor to make
statements, representations or terms binding on Sentek. Any statements,
representations or terms not made or given directly and expressly by
Sentek, whether written or oral, are not binding on Sentek.
VI.
AUDIT
Sentek reserves the right to conduct audits to verify Licensee’s compliance
with this License.
VII.
TERM AND TERMINATION
Sentek may terminate this License at any time if Licensee is in breach of
any of its terms and conditions. Upon termination, Licensee will
immediately destroy the Software and user manual or return all copies of
the Software and user manual to Sentek.
VIII.
COMPLIANCE WITH LAWS
Licensee will at all times comply with all applicable laws, rules and
regulations of the United States and of any other jurisdiction in which
Licensee uses the Software and user manual.
IX.
EXPORT
Licensee agrees that the distribution and export/re-export of the Software
and user manual is in compliance with the laws, regulations, orders or other
restrictions of the U.S. Government. Additionally, imports and exports may
be regulated by government agencies in other countries. Intra-country
restrictions may be applicable regarding use of the Software and user
Summary of Contents for Diviner 2000
Page 6: ......
