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Ownership of Software and CopyrightsTitle to all copies of the Software remains with Efofex or its suppliers. The Software is copyrighted and protected by the laws of Australia, the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Efofex Software may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Efofex Software grants no express or implied right under Efofex Software patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software. Staff + Student Use Licences are not transferable without agreement, in writing, from Efofex.
UpgradesUpgrades to the software do not constitute a new product and do not purchase a new licence. Old versions of the software cannot be transferred to a new owner.
Limited Media WarrantyIf the Software has been delivered by Efofex on physical media, Efofex warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by Efofex Software. If such a defect is found, return the media to Efofex for replacement or alternate delivery of the Software as Efofex may select.
Exclusion of Other WarrantiesEXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Efofex does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
Limitation of LiabilityIN NO EVENT SHALL EFOFEX OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EFOFEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Termination of AgreementEfofex may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Efofex.
Applicable LawsClaims arising under this Agreement shall be governed by the laws of Western Australia, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Efofex is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Efofex. |