AGE Computer Consultancy
IBM Lotus Notes / Domino data migration experts
Product License Agreement
Please read this software license agreement carefully before downloading or using the product, or purchasing product licenses.
By downloading or using the product you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement do not download, install or use the product.
AGE Computer Consultancy Pty. Ltd. ("AGECOM") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the AGECOM software ("Software").
Customer shall not: modify the software; reverse compile or reverse assemble all or any portion of the software; rent, lease, distribute, sell or create derivative works of the Software.
WARRANTY OF FUNCTIONALITY
For a period of six (6) months following the delivery of the Software License to the Customer ("Warranty Period"), AGECOM warrants that the Software shall perform in all material respects according to AGECOM's specifications concerning the Software when used in accordance with recommended system requirements. In the event of any breach or alleged breach of this warranty, Customer shall promptly notify AGECOM and supply all information as may be requested by AGECOM so that AGECOM can correct the Software so that it operates according to the warranty.
Software is provided AS IS. The warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of AGECOM and its suppliers under this limited warranty will be, at AGECOM's or its service centre's option, repair, replacement, or refund of the Software if reported to the party supplying the Software to Customer. In no event does AGECOM warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. This warranty shall not apply to the Software if modified by anyone or if used improperly or if not used in accordance with recommended and supported system requirements as specified by AGECOM..
All Software can be downloaded and used on a trial basis. We strongly recommend you test all Software prior to purchasing product licenses. By purchasing one or more Software License keys for any of the AGECOM Software you acknowledge that upon electronic delivery of the Software License key(s) you are not eligible for a refund for any reason (except for the conditions specified in WARRANTY OF FUNCTIONALITY), including failure to install the Software, a claim the product does not suit your needs, it is not what you expected, you don't need the product anymore, etc. If you do experience any problems using AGECOM Software AGECOM Support will work with you to rectify any issues or provide recommended workarounds.
AGECOM will provide to Customer any new, corrected or enhanced versions of the Software as created by AGECOM. Such enhancement shall only apply to point releases of the Software (where the version number of the Software is x.yy and 'yy' is incremented) but not major releases (where the version number of the Software is x.yy and 'x' is incremented).
After expiration of the Warranty Period, Customer may continue to receive maintenance support for a successive twelve (12) month period. The charge for such optional maintenance support shall be AGECOM's regular list price for maintenance and support for the Software as published from time to time by AGECOM. Customer shall notify AGECOM in writing if it desires to receive optional maintenance. If Customer fails to take optional maintenance and later elects to receive it, AGECOM reserves the right to charge Customer its maintenance fees for the period of the lapse in maintenance. AGECOM may elect to discontinue maintenance at any time upon notice to Customer, and refund of any then unearned maintenance fees.
Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, noninfringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law.
In no event will AGECOM or its suppliers be liable for any lost revenue, profit, or data, or for special indirect, consequential, incidental or punitive damage however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if AGECOM or its suppliers have been advised of the possibility of such damages. In no event shall AGECOM's or its suppliers' liability, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which AGECOM does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from AGECOM if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Software may be subject to Customer's local export and import laws and regulations. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.
CHANGES TO THIS PRODUCT LICENSE AGREEMENT
AGECOM reserves the right to modify this Agreement at its discretion, or against any customer it believes is abusing this Agreement. Any such revision or change will be binding and effective immediately following the posting of the revised Product License Agreement on the AGECOM website. We encourage you to periodically visit our website to review this Agreement for any such revisions.