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User License Agreement:
SURFINITY SEARCH V6 LICENSE AGREEMENT
NOTICE TO USER:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SURFINITY PTY LIMITED FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE. PLEASE READ THE FOLLOWING LICENSE INFORMATION CAREFULLY. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Subject to the terms and conditions of this Agreement, Surfinity Pty Limited whose address is Level 5, 118 Alfred Street Milsons Point, NSW Australia ("Surfinity") hereby grants to you a personal, non-exclusive license (a "License") to use the software product identified above (the "Software") and any accompanying printed materials (the "Documentation") on the terms set forth below. Surfinity reserves all rights to the Software and Documentation not expressly granted to you.
Please carefully read the following limitations to the different Surfinity Search licenses.
TRIAL VERSION
When evaluating the Software you will have access to all the Software's functionality for 30 days.
After this Trial version (evaluation license) expires, you will have to purchase a valid Surfinity Software license or remove the software from your computer. If you purchase and install a new license, some Software functionality may become disabled depending on which license you purchase.
If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follows:
YOU MAY:
Use one or more copies of the TRIAL VERSION for evaluation purpose only.
Copy and distribute freely the TRIAL VERSION (see 'DISTRIBUTION').
YOU MAY NOT:
Sublicense, rent or lease the Software or any portion of it.
Decompile, disassemble, reverse engineer or modify the Software or any portion of it.
Expose the Software functionality directly or in a way that would make your application compete with the Surfinity Software.
Use the TRIAL VERSION of the Software after your 30 day trial period.
DISTRIBUTION:
You are hereby licensed to make as many copies of the TRIAL VERSION as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the TRIAL VERSION (not the files resulting of an installation). You are not allowed to sell the TRIAL VERSION (except for shipment and handling charges). Computer's Magazines are authorized to distribute it on any Cover Disk or CD-ROM without any permission. Please inform us by e-mail each time you distribute the TRIAL VERSION.
PROFESSIONAL LICENSE
1. This license allows you to install ONE full version of Surfinity Search within your
organization with no functionality disabled, except for functionality related to distribution or Surfinity Search Servers.
2. This license does NOT allow you to distribute the Surfinity Search runtime with any of your products.
3. This license does NOT allow you to install any Surfinity Search servers.
RESTRICTIONS
Reverse Engineering
You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restrictions) or create derivative works based on the Software or Documentation, or any portion thereof.
Competing interests
You agree not to expose the Software functionality directly or in a way that would make your application compete with the Surfinity Software.
Copying
You may not copy the Software or Documentation except as specifically provided by this Agreement.
Transfer
You may not rent, lease, lend or otherwise temporarily transfer the Software or Documentation. You cannot transfer the software and documentation together on a permanent basis unless you obtain written permission to do so from Surfinity management and you retain no copies and the recipient agrees to the terms of this End-User License Agreement.
Proprietary Notices
You may not remove any proprietary notices, labels or marks on the Software or Documentation.
Upgrades
If this version of the Software is an upgrade from another version or other product, this upgrade License supersedes and replaces any previous License. You may use the Software only in conjunction with the upgraded product, unless you destroy the upgraded product.
Use of Surfinity's Name
You may not use Surfinity's or Surfinity's suppliers' name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except as is necessary to affix the appropriate copyright or other proprietary notices as required herein.
POWERED BY SURFINITY
It is a requirement for use of the Software that the "Powered By Surfinity" graphic be displayed within your application or on your web site where the search functionality is being used (e.g. on a web site search this would be on the web page where users invoke their search queries).
The "Powered by Surfinity" graphic can be sourced from the Surfinity website at the following web address: http://www.surfinity.com/legal/
If you have any problems accessing a "Powered by Surfinity" graphic please email your request to info@surfinity.com
This requirement can only be removed with written permission from Surfinity management.
TITLE
All title, ownership rights, and intellectual property rights in and to the Software and Documentation and any copies thereof are vested in and shall remain in Surfinity and/or its suppliers. The Software and the Documentation is protected by the copyright laws and other intellectual property laws of Australia and international treaties.
PRIVACY STATEMENT
The Surfinity Privacy Statement found online at http://www.surfinity.com/privacy/, is incorporated herein by reference.
SUPPORT
Registered users of the Software are entitled to Surfinity's standard support services, as such services are modified from time to time in Surfinity's discretion
PROMOTIONAL RIGHTS
By purchasing this Software, you hereby grant to Surfinity a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly perform, publicly display and digitally perform your company's trademarks and service marks on the Surfinity Web site and customer newsletter stating that your company is using Surfinity products and/or services. Subject to your company approval, which shall not be unreasonably withheld or delayed, Surfinity may issue a press release stating that your company is a user of Surfinity products.
TERMINATION
The License is in effect until terminated. You may terminate this License by ceasing any use of the Software and Documentation, and deleting or otherwise destroying the Software and Documentation. The License will terminate immediately and automatically if you breach any of the terms of this Agreement or otherwise fail to comply with the limitations described herein. If you received this License as part of any Surfinity Beta program, then this License will terminate upon the first public announcement by Surfinity that the commercial release of the Software is available, and you will be required to obtain a license for the commercial version of the Software. On any termination, you must destroy all copies of the Software and Documentation. The "TRIAL VERSION", "RESTRICTIONS", "TITLE", "PRIVACY STATEMENT", "LIMITED WARRANTY" and "LIMITATION OF LIABILITY" sections shall survive any termination of this Agreement.
LIMITED WARRANTY
Surfinity warrants that the media containing the Software, if such media is provided by Surfinity, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Surfinity's sole liability, and your sole and exclusive remedy, for any breach of this warranty shall be, in Surfinity's sole discretion: (i) to replace your defective media; or (ii) if the above remedy is impracticable, to refund the License fee you paid for the Software. Replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. Only if you inform Surfinity of such defect with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Surfinity be obligated to honour this warranty. Surfinity will use commercially reasonable efforts to replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SURFINITY. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND SURFINITY MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NO SURFINITY AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modification is made to the Software or Documentation by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be voided. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY, STATE AND PROVINCE OR BY JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SURFINITY, ITS DIRECTORS AND EMPLOYEES OR ITS SUPPLIERS AND RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION EVEN IF SURFINITY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SURFINITY, ITS DIRECTORS AND EMPLOYEES OR ITS SUPPLIERS AND RESELLERS UNDER THIS AGREEMENT EXCEED SURFINITY'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION.
FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS SOFTWARE. SOME COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SURFINITY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
GENERAL
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior or contemporaneous agreements and representations between them with respect to the subject matter. This Agreement may be amended only in a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER, AND SUCH PURCHASE ORDER TERMS SHALL HAVE NO EFFECT ON THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect. This Agreement shall be governed by and construed under New South Wales law (Australia), except as governed by Federal Australia law. All disputes arising under this Agreement shall be brought in the court of competent jurisdiction in Sydney, State of New South Wales in Australia, and you consent to the personal jurisdiction of such court.
