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Software License & Warranty Agreement
LICENSE: Quest grants the licensee a non-exclusive license to use the Software in this package
on one (1) computer node, upon payment of an agreed fee. Quest retains title to and
ownership of this copy and all backup copies and all intellectual property rights related to the
Software. You may make copies of the Software for backup purposes. You may not copy
the relevant documentation, make alterations or modifications to the Software, or attempt
to discover the source code of the Software. The software may not be sub-licensed, rented,
or leased. Both the license and your right to use the Software terminate automatically if you
violate any part of this agreement. In the event of termination, you must immediately destroy
all copies of the Software or return them to Quest. Quest may from time to time in its sole
discretion supply updates.
LIMITED SOFTWARE WARRANTY: If you discover defects in the media on which the software
is distributed or in the documentation, Quest will replace the media or documentation for
a period of ninety (90) days after purchase. You must return the disk or documentation to
Quest within the warranty period, accompanied by proof of purchase.
Quest disclaims all implied warranties, including without limitation warranties or merchantability,
performance, and fitness for a particular purpose. Quest will not be liable for any bug, error,
omission, defect, deficiency, or non conformity in any of the Software. As a result, the Software
is sold “as is” and the purchaser assumes the entire risk as to its quality and performance. To
the extent that such warranties cannot be excluded they are included but the liability of Quest
for the breach of same is limited to, at the option of Quest, re-supply or the costs of re-supply.
LIMITATION OF LIABILITY: Quest shall in no event be liable for direct, indirect, incidental,
contingent, or consequential damages resulting from any defect in the Software or its
documentation, including damages from loss of data, down-time, goodwill, damage to or
replacement of equipment or property, and any costs of recovering, reprogramming, or
reproducing any data or programme used in conjunction with Quest products.
The laws of the State of Victoria, Australia shall govern this agreement.