The SOFTWARE (as defined below) is licensed, not sold. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to install, copy or use the Software.
Peter Kohleis Pty Ltd. (the LICENSOR) grants to you (you or the LICENSEE) a nonexclusive license to use the Application MSE&SUICIDE ASSESSr ®, including computer software, electronic documentation and printed materials related thereto (the SOFTWARE) in the manner and on terms as hereinafter provided.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration the amount and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
Peter Kohleis Ltd Pty. grants to you the LICENSEE a nonexclusive license to make and use copies of the SOFTWARE in the manner provided below.
Peter Kohleis Pty Ltd may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Peter Kohleis Pty Ltd reserves all rights not expressly granted.
If you are found to be in violation of this license agreement, Peter Kohleis Pty Ltd reserves the right to terminate this license at any time, at which time you must destroy all copies of the SOFTWARE you have previously installed.
(a) All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, source code and applets, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Peter Kohleis Pty Ltd. and its suppliers. COPYRIGHT © 2013 Peter Kohleis Pty Ltd. ALL RIGHTS RESERVED.
(b) Except as stated herein, none of the copyrighted materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Peter Kohleis Pty Ltd. or the respective copyright owner. Software may not be reverse engineered unless specifically authorised by the owner of the software™s patent and/or copyright.
(c) The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single device. You may not copy the printed materials accompanying the SOFTWARE.
(d) Peter Kohleis Pty Ltd, MSE&SUICIDE ASSESSr, the Peter Kohleis Pty Ltd logo, the MSE&SUICIDE ASSESSr ® logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Peter Kohleis Pty Ltd. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Peter Kohleis Pty Ltd.
NO WARRANTIES. The SOFTWARE PRODUCT is provided without warranty of any kind. To the maximum extent permitted by applicable law, Peter Kohleis Pty Ltd. and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives you limited specific legal rights.
Peter Kohleis Pty Ltd's entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE, up to 12 months after the date of purchase.
To the maximum extent permitted by applicable law, in no event shall Peter Kohleis Pty Ltd or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of professional indemnity, public liability, business profits, business interruption, loss of business information, or any other pecuniary or human or psychosocial loss) arising out of the use of or inability to use this peter Kohleis Pty Ltd product, even if Peter Kohleis Pty Ltd has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This license shall be construed and interpreted in accordance with Australian Law. The Courts of Australia shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact Peter Kohleis Pty Ltd via www.mhassessment.com
(a) This License is effective until terminated. The licence is terminated when the device ceases to operate. The LICENSOR is not to be notified. Upon termination for any reason, all licenses granted herein shall immediately terminate.
(c) This license shall be governed by and construed in accordance with the laws of Australia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Courts of Australia shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising hereunder.
(d) If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the License shall be given full force and effect.
(e) This License constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understanding or agreements, written or oral, regarding such subject matter.
(f) Nothing herein is intended to constitute the parties hereto as partners or as joint venturers, or either as agent of the other, and Licensee may not obligate or bind Licensor.
(g) Any waiver of any provisions of this License will not be effective. The failure to exercise, or delay in exercising, a right, power or remedy provided by this License or by law shall not constitute a waiver of that right, power or remedy. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach or default thereof, shall constitute a continuing waiver of such provision or of any other provision. Each parties rights and remedies hereunder are cumulative.
Should you have any questions concerning this Agreement, please contact LICENSOR via www.mhassessment.com/contacts