This agreement is between you (the user of the Software noted as 'Licensee') and ArtistScope. By using the Software, you are agreeing to become bound by the terms of this agreement.
1. As used in this Agreement, "ArtistScope" shall mean ArtistScope Pty Ltd.
2. "Software" as used in this agreement means the software solutions distributed by ArtistScope and its distributors.
3. ArtistScope as Licensor grants to you the Licensee, a non-exclusive right to use the software (hereinafter the "Software") for unlimited use by a single user. Licensee may not assign or otherwise transfer the License to use the Software.
4. The Software and accompanying documentation is provided as is and without warranty of any kind. ArtistScope does not warrant, guarantee or make representation otherwise than in this Agreement. The Licensee assumes the entire risk as to the results and performance of the Software. No oral or written advice given by ArtistScope, its distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on such advice.
5. Title, ownership rights, and intellectual property rights in the Software shall remain with ArtistScope. The Licensee acknowledges that no ownership or intellectual property rights whatsoever shall vest in them by virtue of the use of this Software pursuant to this Agreement. The Licensee also warrants that they will not participate in any action to limit or plagiarise the Software in any way.
6. Licensee agrees not to publish or make available for publication or review to any third party, any documentation or disclosure of the Software that can in any way be considered to expose the security of the Software or damaging to the businesses of ArtistScope and/or licensed users of the Software without the express written permission of ArtistScope.
7. Licensee agrees to use the Software according to the recommended guidelines and acknowledges and agrees that the license may be terminated as a result of any breach of the terms of this Agreement.
8. Licensee agrees that they or their agent has reviewed the performance of the Software by evaluating a trial or online demonstration and that the Software has been deemed suitable for the Licensee's requirements. Licensee further agrees that once placed, purchase orders cannot be cancelled and that no refunds can be claimed after delivery has been affected.
9. ArtistScope warrants that all Software delivered will function as well as and if not better than the version that was trialled and demonstrated online. In the case of any claim of failure of the software to perform as the demonstration or as described, ArtistScope reserves the right to prove functionality by completing any installation, in which case the Licensee agrees to provide unrestricted access where applicable for the ArtistScope to complete the task.
10. This agreement is to be taken in whole including the statements as to the performance of the Software, license pricing and relevant limitations. The licensee agrees that in using the Software that they are in agreement with all the terms of this Agreement.
ARTISTSCOPE DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL ARTISTSCOPE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.