MAYON ENTERPRISES PTY LTD LICENSE AGREEMENT

This License applies to the computer programs known as "ClassCracker", "ClassCracker 2", "ClassCracker 3" and "ClassCracker Demo" and their documentation (the Software). Installation and use of the Software indicates your assent to the terms of this agreement. If you do not agree with them, do not install, use, or copy this Software.

License Grant

Mayon Enterprises Pty Ltd grants to you a non-exclusive license to use the copy of the Software and the accompanying documentation in accordance with the terms set forth in this License Agreement.

The Software is owned by Mayon Enterprises Pty Ltd and is protected by copyright laws. Some elements are protected by laws governing trademarks and may be protected by patent laws. In addition to the restrictions and obligations imposed by such laws, you agree to comply with the following:

You may:

  1. install the Software on one or more computers or workstation provided that the Software is used on only one computer or workstation at a time;
  2. make one (1) copy of the Software in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
  3. transfer or assign (not rent or lease) all your rights in the Software on a permanent basis if the person receiving it agrees to the terms of this Agreement (including the loss of warranty) and you transfer to that person the original and all existing copies of the Software.

You may not:

  1. use the Software on more than one computer or workstation at a time;
  2. install or use the Software on a device functioning as a file server in a network or a multi-user system;
  3. modify, translate, reverse engineer, decompile, disassemble the Software (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
  4. redistribute the Software by any means including via an electronic bulletin board, web site or other form of electronic distribution system;
  5. rent, lease or sublicense any rights in the Software or accompanying documentation in any form to any person (with the exception that you may permanently transfer or assign the Software subject to the conditions listed above);
  6. remove any proprietary notices, labels, or marks on the Software and documentation; and
  7. make use of the Software in an improper or illegal way or in a way that would breach other software license agreements.

If you have purchased an upgrade version of this Software, it constitutes a single product with the Software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with this license agreement.

All rights, title, interest, intellectual property, and all copyrights in and to the Software, documentation, and any copy made by you remain with Mayon Enterprises Pty Ltd. Unauthorized copying of the Software or the documentation, or failure to comply with the above restrictions, will result in breach and automatic termination of this license and will make available to Mayon Enterprises Pty Ltd other legal and equitable remedies. On termination of this license, you must destroy all copies of the Software.

Limited Warranty

In the event that the purchased Software is defective arising from its transmission by electronic means by Mayon Enterprises Pty Ltd or arising from defective media provided by Mayon Enterprises Pty Ltd, your sole and exclusive remedy under this License Agreement shall be refund, replacement of defective media, or re-transmission of the Software at the sole discretion of Mayon Enterprises Pty Ltd. This limited warranty on the Software is limited to thirty (30) days from receipt of a purchase order.

Except for the foregoing, to the maximum extent permitted by applicable law, the Software is provided to you "as is" without warranty either implied or expressed. Mayon Enterprises Pty Ltd does NOT warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software for any applications in which failure could cause any significant damage or injury to person or tangible or intangible property.

Limitation of Liability

In no event shall Mayon Enterprises Pty Ltd be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of data files, loss of other programs, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide support services, even if Mayon Enterprises Pty Ltd has been advised of the possibility of such damages.

Improper use of this software may contravene other software license agreements, copyright laws, intellectual property laws and other laws in some jurisdictions. Liability for the improper or illegal use of the Software rests entirely with the user and licensee of the Software. Mayon Enterprises Pty Ltd does not condone, under any circumstances, and will not accept liability for, the improper or illegal use of the Software.

In any case, the entire liability of Mayon Enterprises Pty Ltd under any provision of this license agreement shall be limited to the greater of the amount actually paid by you for the Software or one Australian dollar (AUD $1). Some jurisdictions do not allow the exclusion or limitation of liability, so this limitation may not apply to you. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in Australia.



Copyright © 2002 Mayon Enterprises Pty Ltd.