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M4B Marketing Software Licence Agreement
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Important - Please read this carefully before use. This
is the software licence for M4B Marketing Software ("software"). As you have
downloaded the trial version or purchased the product (which consists of the
installation CD containing the software and user documentation), following
notification of the Licence you are now legally bound by its conditions. If
however the Licence Agreement contains anything of which you were not aware
prior to downloading the trial version or purchasing the product or do not
agree to be bound by, do not install the software. Where you have not
installed the software due to such reasons and you are the purchaser with
evidence of a receipt, you may return the purchased product together with a
copy of the receipt to Marketing For Business Success Pty Ltd in its entirety
and a full refund of the purchase price will be made. For the downloaded trial
version, should you not agree to the licence terms or upon expiration of the
free trial period, you should email customer service at Marketing for Business
Success Pty Ltd and destroy the trial software version that was downloaded. By
installing the software, using and keeping the product you are confirming that
you have purchased or downloaded the product subject to the following licence
terms and conditions and are bound by its provisions.
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1. Scope of the licence |
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1.1 Licence Subject to the Terms of This Agreement
Marketing for Business Success Pty Ltd hereby grants you, the original
purchaser, a paid up, personal, non-exclusive and non-transferable Licence to
use the user documentation and software subject to the terms and conditions of
this Agreement. If you have downloaded the trial version you are granted a
personal, non-exclusive and non-transferable Licence to use the trial version
of the product subject to the terms and conditions of this Agreement.
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1.2 Number of Users
The software licence allows you to use the software on only one computer that
you own or operate at a single physical location. You may transfer the software
from one computer to another that you own or operate provided that you do not
use or permit usage of the software on more than one computer or computer
terminal at a time. You may not permit the software to be used by any person or
company not being a User or a Sub-user.
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1.3 Definition of User and Sub-user
For the purpose of this Agreement "User" shall mean the person or company that
is the original purchaser of this software. The term "Sub-user" shall mean in
the case of a corporate User, two officers or employees of the corporate User
and in the case of a non-corporate User shall mean the registered User and one
other natural person being an employee, partner or co-trustee of the registered
User.
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1.4 Limit on Brands or Business Services Per User
In addition to the licence restrictions referred to in clause 1.2 the User and
its Sub-users together shall not use the software to provide marketing services
exceeding five brands or five businesses.
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1.5 Processed Outputs For Client Services
The software may subject to the preceding clauses be used in accordance with
this licence to process data for any business service provided by the User
subject to the outputs to the clients or customers of the User being processed
outputs from the software and not otherwise in violation of clause 7 of this
agreement.
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2. Registration of the product |
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2.1 Purchased product
You must register as the User before you can start using the product and you
are allowed Sub-users as stated in the sub clause 1.3. Each user is permitted
to register two companies with this licence agreement.
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2.2 Trial product
You may access the trial version of the product for 30 days after which it will
become a read only file. If you purchase the full product before the 30 day
expiry date all information you inputted can be exported into the full product
version after your company registration has been completed. If you do not
purchase the trial software all your data inputted during the trial period
cannot be imported or exported to another file as the file will be a read only
file upon expiration of the 30 day trial period.
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3. Upgrades and Updates |
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In the event of a product exchange, update or upgrade the
licence that has been granted shall automatically transfer to the new version
or product. All rights in respect of the original product shall lapse and no
further use of these shall be permitted.
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4. Portable or Home Computer and Archive Copies |
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You may make a copy of the software and install it on a
computer located in your home or on a portable computer provided that the copy
is for your use exclusively and the software is not operated simultaneously
with the original software product, with the exception of archival purposes
only. You may not alter, decompile or disassemble the software.
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5. Licence Transfers |
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You may not sub-licence, lease or rent or lend the software or
the user documentation or otherwise transfer any of your rights under this
Agreement.
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6. Term of the Licence |
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6.1 Termination by You
The term of this licence granted in this Agreement is effective until
terminated. You may terminate the licence at any time by destroying the
Software and user documentation, together with all copies, or by returning them
to Marketing for Business Success Pty Ltd.
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6.2 Termination by Marketing for Business Success Pty Ltd
Marketing for Business Success Pty Ltd may terminate this Agreement if you fail
to comply with any term or condition contained in this Agreement.
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6.3 Consequences of Termination In the event this
Agreement is terminated You agree to destroy the software, user documentation
and all copies or return them to Marketing for Business Success Pty Ltd.
Termination of this licence shall in addition to and not in lieu of any other
remedies available to Marketing for Business Success Pty Ltd.
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7. Copyright and Intellectual Property |
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7.1 Breach of copyright
You hereby acknowledge and agree that Marketing for Business Success Pty Ltd
has copyright in the software and source codes developed or owned by Marketing
for Business Success Pty Ltd and you shall not directly or indirectly as an
officer, employee, agent, contractor or trustee attempt to copy, reverse
engineer or reproduce or substantially reproduce the software in any manner
whatsoever hereby licensed to You.
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7.2 Obligations for unauthorised use
You agree to use your best endeavours and to take all necessary steps to
safeguard the software to ensure that no unauthorised person has access to the
product and that there is no unauthorised copying or distribution of the
software and user documentation.
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8. Limited Warranty and Disclaimer |
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8.1 Limited Warranty
Marketing for Business Success Pty Ltd warrants that the media on which the
software is recorded and the user documentation provided with it are free from
defects in materials and workmanship under normal use for a period of 60 days
from the date of your original purchase. Except for the limited warranty as
outlined above and subject to any statutory terms which cannot be excluded
varied or modified, the software is sold ”as is” and you are assuming the
entire risk as to its quality and performance. It is your responsibility to
verify the results obtained from the use of the software.
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8.2 Replacement
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If during the 60 day limited warranty period, you discover physical defects in
the user documentation or in the media on which the software was recorded,
Marketing for Business Success Pty Ltd will replace them at no charge to you,
provided you return the items to be replaced with proof of purchase to the
company. |
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This is your sole remedy. In no event will Marketing for Business Success Pty
Ltd be liable to any person for any direct, indirect, special, incidental,
consequential or similar damages, even if Marketing for Business Success Pty
Ltd has been advised of the possibility of such damages.
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9. Implied statutory terms |
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Unless abrogated or contrary by any law, any implied statutory
terms are hereby excluded including warranties of merchantability and fitness
for a particular purpose. |
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10. Liability for consequential loss
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You hereby acknowledge that the software licensed to you under this Agreement
is not of a kind ordinarily acquired for personal, domestic or household use or
consumption. |
| (b)
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Subject to any statutory provision to the contrary, in the event Marketing for
Business Success Pty Ltd is in breach of this Agreement Marketing for Business
Success Pty Ltd shall not be liable for any consequential loss including
economic loss and the liability of Marketing for Business Success Pty Ltd shall
be limited to the replacement of the software or the supply or equivalent
software or the repair of the software or the payment of the cost of replacing
the software or of acquiring equivalent software and subject to Section 68A
Trade Practices Act 1974 Marketing for Business Success Pty Ltd may elect any
one of the limited forms of compensation to the exclusion of others set out in
Section 68A Trade Practices Act 1974.
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You hereby acknowledge that the provisions of this sub-clause are fair and
reasonable.
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11. Trademarks |
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You shall not use any registered or unregistered trademarks,
logos or emblems of Marketing for Business Success Pty Ltd in respect to the
use of the software without the written consent of Marketing for Business
Success Pty Ltd and then only upon the terms stipulated by Marketing for
Business Success Pty Ltd.
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12. Entire Agreement |
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This Licence constitutes the entire agreement between
Marketing for Business Success Pty Ltd and the Licencee and any prior
representations, statements or undertakings whatsoever made are expressly
cancelled. No amendment or modification to this Licence shall be valid unless
it is in writing and signed by an authorised representative of Marketing for
Business Success Pty Ltd.
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