LICENSING AGREEMENT
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.