Spinal Vision

END USER LICENCE AGREEMENT FOR SPINAL VISION

Terms and Conditions

THIS LICENCE AGREEMENT IS ENTERED INTO BETWEEN THE OWNERS BRENT GORDON AND DR NATALIE CURACH AND YOU AS LICENSEE

The program and information and data embodied therein (the Software) is copyright and is intended to be used only by persons authorised by Spinal Vision. No use or disclosure of the Software is otherwise permitted and it may not be reproduced by any process, electronic or otherwise, without the specific written permission of Spinal Vision.

PLEASE READ THE FOLLOWING SOFTWARE LICENCE AGREEMENT BECAUSE YOUR ACCEPTANCE WILL RESULT IN YOU BEING BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENCE AND DISCLAIMER OF WARRANTY.

Licence

This licence allows you to use the software only at the location referred to in the order.
This licence allows you to use the Software solely as an end user (that is, for your own use and not for use by or for others, or for marketing or redistribution, alone or as a component of any other product, to any other person)
the Additionally you may install Software on a hard disk for use in accordance with this Agreement or alternatively, in the event that you do not have a hard disk system, to make one copy in machine readable form for back-up purposes. You must reproduce on the back-up copy the copyright notice and any other proprietary legends that were on the original copy supplied by Spinal Vision.

Restrictions

You must not market, distribute or transfer any copy of the Software to others or electronically transfer the Software from one computer to another over a network, either on its own or with or as part of any other product or equipment.
YOU MUST NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
The Software contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a humanly perceivable form. You agree not to divulge directly or indirectly, any such trade secrets to any person, unless and until such trade secrets cease to be confidential, for any reason not your own fault.

Termination

This Licence is effective until terminated. The Licence will terminate automatically without notice from Spinal Vision if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this licence at any time by destroying the Software and all copies thereof. Upon termination of this licence for any reason you shall continue to be bound by the provisions of Section 2 above. Termination shall be without prejudice to any rights Spinal Vision may have as a result of breach of this Agreement.

Limited Warranty

Spinal Vision warrants the Software is free from defects in materials and faulty workmanship under normal use for a period of ninety (90) days from the date of delivery. During this warranty period, Spinal Vision will replace, free of charge, defective disks upon which the Software has been supplied. All disks replaced under this warranty shall become the property of Spinal Vision.

Disclaimer of Warranty. Limitation of Remedies

To the full extent permitted by law, Spinal Vision hereby excludes all conditions and warranties, whether imposed by statute or by operation of law or otherwise, not expressly set out herein. The software is provided ‘as is’ without warranty of any kind. Spinal Vision does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the software with respect to its correctness, accuracy, reliability, currentness or otherwise.
Except as specifically set forth in this section 5, licensor makes no express or implied warranties or conditions including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the software. No oral or written information or advice given by licensor, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice.
Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the Software supplied hereunder, and which by virtue of any national or State Fair Trading, Trade Practices or other consumer legislation may not be modified or excluded. If permitted by such legislation, however, Spinal Vision’s liability for any breach of any such warranty or condition shall be and is hereby limited to either:

the supply of such part of the Software licensed hereunder again; or
the correction of any defect in such part of the Software licensed hereunder as Licensor at its sole discretion may determine to be necessary to correct the said breach.

EXCEPT AS SET OUT IN THIS SECTION 5, IN NO EVENT SHALL SPINAL VISION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF SPINAL VISION OR ANY SPINAL VISION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General

This Agreement will be construed under the laws of the New South Wales, Australia.
This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written).
Failure or delay by Licensor in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent reach.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.