LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
INSTITUTE OF MINE SEISMOLOGY
Copyright (C) Institute of Mine Seismology
Please read this document carefully before installing any software included with this product on your computer. This document contains important information about your legal rights. By installing any or all of the software included with this product, you agree to the following terms and conditions:
THE SOFTWARE PROGRAMS, INCLUDING SOURCE CODE, DOCUMENTATION, APPEARANCE STRUCTURE AND ORGANISATION, ARE PROPRIETARY PRODUCTS OF THE INSTITUTE OF MINE SEISMOLOGY (IMS) AND ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THESE PROGRAMS, OR TO ANY COPY, MODIFICATION OR MERGED PORTION OF ANY OF THESE PROGRAMS, SHALL AT ALL TIMES REMAIN WITH THE AFOREMENTIONED, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE.
IMS software is copyrighted. You may not simultaneously run IMS software on more than one computer without permission from IMS to do so. You may not reverse engineer this software to discover its underlying design or inner workings and you will hold in confidence for our benefit alone anything discovered in violation of this provision. If you infringe our intellectual property rights or exceed the scope of permitted use of the System, you agree that we may be irreparably injured and may obtain an injunction from a court. You also agree to indemnify us to the fullest extent for any loss, costs or damages that we may suffer as a consequence of your breach of this provision. Your licence to use the System will only continue for as long as our intellectual property rights and this provision are not violated.
The purpose of this software is to process seismogram data recorded by the IMS seismic monitoring system, on a non-commercial basis. This software may only be used with seismogram data collected by an IMS system owned by the software licencee, or with demonstration seismogram data provided by the IMS. The software licence will be withdrawn should these conditions not be met.
Some software will not operate without an activation code available from IMS (for a fee). Throughout this document they are referred to, individually and collectively, as “Software Programs”.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE PROGRAMS ARE PROVIDED AND LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
IMS warrants that the media on which the Software Programs are furnished will be free from defects in materials and manufacture under normal use for a period of 90 days from the date of delivery to you. IMS does not warrant that the functions contained in the Software Programs will meet your requirements or that the operation of the software Programs will be entirely error free or appear precisely as described in the accompanying documentation.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies, and shall be available to you only if you or your dealer registers this product with IMS in accordance with the instructions provided with this product within ten days after delivery of the Software Programs to you.
IMS’s entire liability, and your exclusive remedies, shall be: if the Software Programs media are defective, you may return them within 90 days of delivery to you along with a copy of your receipt and IMS at its discretion, will replace them or refund the money paid by you for the Software Programs.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF INABILITY TO USE THE SOFTWARE PROGRAMS, EVEN IF IMS OR A DEALER AUTHORISED BY IMS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is held to be unenforceable, that shall not effect the enforceability of the remaining provisions. This Agreement shall be governed by the laws of the Australia.