Appendix 3: Software License
T
ieline
T E C H N O L O G Y
Page 374
Appendix 3
Appendix 3.
Software License
PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT: this End User
License Agreement ("EULA") is a legal agreement between (a) you (either an
individual or a single entity) and (b) Tieline Pty Ltd and/or Tieline Research Pty Ltd,
("Tieline") that governs the use of any Software Product, installed on or made
available by Tieline for use with your Tieline product, ("Tieline Software"), that is not
otherwise subject to a written license agreement between you and Tieline or it's
suppliers. The term "Software Product" means electronic software and may include
associated media, printed materials and "online" or electronic documentation. An
amendment or addendum to this EULA may accompany the Product.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT
YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING,
DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE EULA TERMS,
YOU MUST NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE
PRODUCT; YOU MAY RETURN THE UNUSED SOFTWARE PRODUCT, ALONG WITH YOUR
TIELINE HARDWARE (IF THE ELECTRONIC SOFTWARE IS INSTALLED ON YOUR TIELINE
HARDWARE), WITHIN 20 DAYS OF PURCHASE TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND.
1. GRANT OF LICENSE. Tieline grants you the following rights provided you comply with all terms
and conditions of this EULA:
a. Use. You may use the Software Product on your Tieline unit. You do not have the right to
distribute the Product. You may load the Software Product into Your Unit's temporary memory
(RAM) for purposes of using the Software Product.
b. Storage. You may copy the Product into the local memory or storage device of Tieline Hardware.
c. Copying. You may make archival or backup copies of the Software Product, provided the copy
contains all of the original Software Product's proprietary notices and that it is used only for backup
purposes.
d. Reservations of Rights. Tieline reserves all rights not expressly granted to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the
Software Product which constitutes non-proprietary Tieline software or software provided under
public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the
software license agreement accompanying such Freeware whether in the form of a discrete
agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the
Freeware by you shall be governed entirely by the terms and conditions of such license.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the
original Software Product identified by Tieline as eligible for the upgrade.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original
Software Product provided by Tieline unless Tieline provides other terms along with the update or
supplement.
4. TRANSFER.
a. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for
commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or
Software Product except as expressly provided in the EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user
documentation are owned by Tieline or its suppliers and are protected by law, including but not
limited to Australian copyright, trade secret, and trademark law, as well as other applicable laws and
international treaty provisions. You shall not remove any product identification, copyright notices or
propriety restrictions from the Software Product. Tieline and its suppliers retain all rights not
expressly granted.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or
disassemble the Software Product, except and only to the extent that (a) the right to do so is mandated
under applicable law notwithstanding this limitation or (b) it is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. You may reject or terminate it at any
time by destroying the Software Product together with all copies, modifications, and merged portions
in any form. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you
fail to comply with any terms and conditions of this EUAL. You agree upon such termination to
destroy the Software Product together with all copies, modifications, and merged portion in any form.