ANIXIS Password Reset License Agreement
If you agree to these terms and conditions, ANIXIS grants you a nonexclusive license to use the accompanying software (the "Software") and documentation. The Software and the documentation are referred to in this Agreement as "Licensed Materials".
BY INSTALLING AND USING THE LICENSED MATERIALS, YOU ARE CONFIRMING ACCEPTANCE OF THIS LICENSE AGREEMENT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS. CONTACT ANIXIS PROMPTLY FOR A FULL REFUND.
1. Ownership
The Licensed Materials are the sole and exclusive property of ANIXIS. By paying the license fee, you do not become the owner of the Licensed Materials, but are entitled solely to use the Licensed Materials according to the terms of this Agreement.
2. License
The license granted to you by ANIXIS in this Agreement authorizes you to use the Software on any number of computers, as long as the total number of user licenses is not exceeded. YOU MAY NOT USE, COPY OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
3. Term
This Agreement is effective from the date on which you install the Software. This Agreement may be terminated by you at any time by destroying the Licensed Materials, together with all copies, modifications, and merged portions in any form. It will also terminate automatically if you fail to comply with any term or condition of this Agreement.
4. Restrictions on Transfer
You may permanently transfer the Licensed Materials to any other party if the other party agrees to the terms and conditions of this Agreement, and you transfer all copies of the Licensed Materials to that party or destroy those not transferred. By such transfer, you terminate the license granted to you in this Agreement. You may not sublicense, assign, share, rent, lease, or otherwise transfer your right to use the Licensed Materials, nor any rights granted to you under this Agreement, except as stated in this paragraph.
5. Restrictions against copying or modifying the Licensed Materials
The Licensed Materials are copyrighted © by ANIXIS or third parties. Except as expressly permitted in this Agreement, you may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile or disassemble the Software, or to translate the Software into another computer language.
You agree to include the copyright notice set forth on the label of the media embodying the Software on any copy of the Software in any form, in whole or in part, or of any modification of the Software or any updated work containing the Software or any part thereof. You also agree not to remove any existing copyright notice from any of the Licensed Materials.
6. Protection and Security
You agree to use your best efforts and to take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized person has access to them and that no unauthorized copy, publication, disclosure or distribution of any of the Licensed Materials is made. You acknowledge that the Licensed Materials contain valuable, confidential information and trade secrets and that unauthorized use and copying are harmful to ANIXIS, and that you have a confidential obligation with respect to such valuable information and trade secrets.
7. Upgrades
If this copy of the Licensed Materials is an upgrade from an earlier version of the Licensed Materials, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier license and that you will not continue to use the earlier version of the Licensed Materials nor transfer it to another.
8. Evaluation Version
If this copy of the Licensed Materials is an Evaluation Version, you are permitted to use the Licensed Materials without charge for up to 30 days. After 30 days, you must either destroy all copies of the Licensed Materials or pay the required license fee.
Use of the Licensed Materials after the 30 day evaluation period without paying the license fee is in violation of Australian and international copyright laws.
9. Limited Warranty
ANIXIS warrants that the media on which the Software is recorded will be free from defects in workmanship and materials for a period of 90 days from the date of payment of the license fee. If the media and dated proof of purchase are returned to ANIXIS within 90 days of the date of payment of the license fee, and if ANIXIS determines the media to be defective and provided the media was not subject to misuse, abuse or use in defective equipment, ANIXIS will, at its option, (1) replace the media, or (2) refund the license fee paid by you, upon your return to ANIXIS of the Licensed Materials, including all copies or any portions thereof, and the dated proof of payment of the license fee.
ALL IMPLIED WARRANTIES ON THIS MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.
IN NO EVENT WILL ANIXIS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF ANIXIS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANIXIS'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY OTHER DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEES PAID FOR THE LICENSED MATERIALS.
10. General
If any provision or portion of a provision of this Agreement is determined to be invalid under any applicable law, it shall be deemed omitted and the remaining provisions and partial provisions of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings are hereby expressly cancelled.