*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS WEB APPLICATION.
By receiving, opening the file package, and/or using MTSeisWebApp v1.0 ALPHA("Web Application") containing this web application, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Curtin University your use of MTSeisWebApp v1.0 ALPHA indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Curtin University grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MTSeisWebApp v1.0 ALPHA in accordance with this Agreement and any other written agreement with Curtin University. Curtin University does not transfer the title of MTSeisWebApp v1.0 ALPHA to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Curtin University and the purchasers or users of MTSeisWebApp v1.0 ALPHA.
If you do not agree to be bound by this agreement, remove MTSeisWebApp v1.0 ALPHA from your computer now and, if applicable, promptly return to Curtin University by mail any copies of MTSeisWebApp v1.0 ALPHA and related documentation and packaging in your possession.
MTSeisWebApp v1.0 ALPHA and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of MTSeisWebApp v1.0 ALPHA contact Curtin University.
Your license to use MTSeisWebApp v1.0 ALPHA is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of MTSeisWebApp v1.0 ALPHA.
You shall use MTSeisWebApp v1.0 ALPHA in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MTSeisWebApp v1.0 ALPHA together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MTSeisWebApp v1.0 ALPHA may be used on one single computer location by one user. Use of MTSeisWebApp v1.0 ALPHA means that you have loaded, installed, or run MTSeisWebApp v1.0 ALPHA on a computer or similar device. If you install MTSeisWebApp v1.0 ALPHA onto a multi-user platform, server or network, each and every individual user of MTSeisWebApp v1.0 ALPHA must be licensed separately.
You may make one copy of MTSeisWebApp v1.0 ALPHA for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of MTSeisWebApp v1.0 ALPHA . The assignment, sublicense, networking, sale, or distribution of copies of MTSeisWebApp v1.0 ALPHA are strictly forbidden without the prior written consent of Curtin University. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MTSeisWebApp v1.0 ALPHA. If any person other than yourself uses MTSeisWebApp v1.0 ALPHA registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Web Application contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MTSeisWebApp v1.0 ALPHA. Nor can you create any derivative works or other works that are based upon or derived from MTSeisWebApp v1.0 ALPHA in whole or in part.Curtin University's name, logo and graphics file that represents MTSeisWebApp v1.0 ALPHA shall not be used in any way to promote products developed with MTSeisWebApp v1.0 ALPHA . Curtin University retains sole and exclusive ownership of all right, title and interest in and to MTSeisWebApp v1.0 ALPHA and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of MTSeisWebApp v1.0 ALPHA, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Curtin University.
You will indemnify, hold harmless, and defend Curtin University , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Curtin University's Web Application.
In no event (including, without limitation, in the event of negligence) will Curtin University , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MTSeisWebApp v1.0 ALPHA or the use or inability to use MTSeisWebApp v1.0 ALPHA or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Curtin University's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Web Application (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Curtin University ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Curtin University.
Except as expressly stated in writing, Curtin University makes no representation or warranties in respect of this Web Application and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MTSeisWebApp v1.0 ALPHA and destroy all copies of MTSeisWebApp v1.0 ALPHA supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS WEB APPLICATION AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MTSeisWebApp v1.0 ALPHA AS WELL.
You agree that Curtin University may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MTSeisWebApp v1.0 ALPHA.Curtin University may also use this information to provide notices to you which may be of use or interest to you.