LICENSED APPLICATION END USER LICENSE AGREEMENT

 

1. The Software Products ("Product") generated by BT Imaging (including the LIS-R2 software system & upgrade packages, the QS-W2 Software Package, the Q-Analyser, and all other software packages) are licensed, not sold, to the Licensee (the purchaser) for use only under the terms of this license, unless a Product is accompanied by a separate license agreement.

 

2. The licensor (“BT Imaging Pty Ltd”) reserves all rights not expressly granted to the Licensee. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

 

a. Scope of License: This license granted to the Licensee for the Licensed Application by BT Imaging is limited to a non-transferable license to use the Licensed Application on single computer device that the Licensee owns or controls. This license does not allow the Licensee to use the Licensed Application on any computer device that the Licensee does not own or control, and the Licensee may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The Licensee may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. The Licensee may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the BT Imaging. If the Licensee breaches this restriction the Licensee may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by BT Imaging that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

b. Consent to Use of Data: The Licensee agrees that BT Imaging may from time to time collect and use technical data and related information that is gathered periodically to facilitate the provision of software updates, product support and other services to the Licensee (if any) related to the Licensed Application. BT Imaging may use this information, as long as it is in a form that does not personally identify the Licensee, to improve its products or to provide services or technologies to the Licensee.

c. Termination. The license is effective until terminated by the Licensee or BT Imaging. Licensee rights under this license will terminate automatically without notice from the BT Imaging  if the Licensee fails to comply with any term(s) of this license. Upon termination of the license, the Licensee shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

 

d. Services; Third Party Materials. The Licensed Application may enable or require access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). The Licensee agrees that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that the Licensee will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. The Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and the Licensee shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

 

e. Language; The Licensed Application is not available in all languages or in all countries. BT Imaging makes no representation that the Licensed Application is appropriate or available for use in any particular location. To the extent the Licensee chooses to access the Licensed Application, the Licensee does so at the Licensee's own initiative and is responsible for compliance with any applicable laws, including but not limited to applicable local laws.

 

e. NO WARRANTY: THE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT THE LICENSEE'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BT IMAGING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BT IMAGING DOES NOT WARRANT AGAINST INTERFERENCE WITH THE LICENSEE'S ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET THE LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BT IMAGING OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

 

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BT IMAGING BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE LICENSEE'S USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BT IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall BT Imaging’s total liability to Licensee for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

g. Licensee may not use or otherwise export or re-export the Licensed Application except as authorized by and the laws of the jurisdiction in which the Licensed Application was obtained.

 

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable under US law. Unpublished-rights are reserved under the copyright laws of the Australia.

 

i. The laws of the NSW, Australia, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.