» version 1.0 - posted on 2004-06-30
Freeware License Agreement
Dragon Crest International Pty. Ltd. (A.C.N. 056 347 025)
Software License and Limited Warranty
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The software and accompanying documentation you have acquired and any updates you may receive (collectively "Software") are protected by the copyright laws of Australia and international copyright treaties. Your possession, use or trial use (evaluation) of the Software transfers no title to the Software itself. Your use of the Software must be made in accordance with the terms of this license agreement. Dragon Crest International Pty. Ltd. (A.C.N. 056 347 025) "DCI" reserves all rights not specifically granted herein.
"The Software" means the Software and all accompanying documentation.
DCI grants you a non-exclusive right to use the Software on as many computers at a time as you see fit.
Distribution of Evaluation Copies.
Notwithstanding the foregoing, DCI grants you a non-exclusive right to make and freely distribute copies of the Software package provided you do not receive any direct payment for such distribution, any such copies are of the complete and unmodified Software package. The Software may be added to a CD-Rom disk and distributed without written consent from DCI as long as it is the complete unmodified installation package.
This license will become effective on the date you accept its terms and conditions during installation of the Software and will remain in force until terminated. You may terminate this License at any time by discontinuing all use of and destroying the Software together with all copies and adaptations. You agree to destroy the original and all copies or adaptations of the Software, or to return them to DCI upon termination of this License.
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software and for any telephone charges associated with connecting to the Internet in use of the Software. Depending on your location, connecting to the nearest access number may involve long distance telephone charges.
The Software contains features that link you to third parties web sites ("Linked Sites"). These features are provided by DCI only as a convenience. The Linked Sites are not reviewed, controlled or examined by DCI in any way and DCI is not responsible for the content of any such Linked Sites, or any additional links contained therein. The offering of these features does not imply DCIs endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall DCI be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. DCI may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the DCI Software and/or introduce different features or links to different users.
The Software will display banners and advertisements from time to time relating to the Racing and associated industries and services. It is a condition of acceptance of this agreement that such banners and advertisements be displayed.
This License sets forth the entire understanding and License between you and DCI and may be amended only in writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORISED TO MODIFY THIS LICENSE OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTY, REPRESENTATIONS OR PROMISES OF THIS LICENSE.
No waiver of any right under this License shall be effective unless in writing, signed by a duly AUTHORISED representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License.
If any provision in this License is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.
Except as otherwise restricted by law, this License shall be governed by the laws of Australia. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of and in Australia. You also agree that any costs incurred by you to defend any action shall be paid by you, this includes but is not limited to any air fares to Australia, accommodation, and court costs.
DCI offers no warranty on media, whether electronic or physical.
DCI offer no warranty on the software application and do not guarantee it will work for you or for anyone else.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, DCI MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. DCI DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. DCI DOES NOT WARRANT THAT THE SOFTWARE OR ASSOCIATED DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights which vary from state to state.
Limitation of Liability.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, DCI AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE, ASSOCIATED DOCUMENTATION OR ANY SERVICES PROVIDED BY DCI AND/OR ITS AGENTS IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY YOU FOR THE SOFTWARE AND DOCUMENTATION. NEITHER DCI NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NEITHER DCI NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS IS RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM.
By installing the software known as The Software you have accepted and agreed to the terms and conditions of this license agreement.