Terms & Conditions
You acknowledge that this software is currently in Preview release. By receiving this software you join our beta testing community as a VastPark tester.
VASTPARK SOFTWARE END-USER LICENSE AGREEMENT
Published: 14 August 2009 | Updated: 14 August 2009
A SOURCE CODE VERSION OF CERTAIN VASTPARK SOFTWARE LIBRARIES THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.VASTPARK.COM UNDER THE GNU GENERAL PUBLIC LICENSE (commonly referred to as the "GPL") and other open source software licenses.
The accompanying executable code version of VastPark Software and related documentation (the "Product") is made available to you under the terms of this VASTPARK SOFTWARE END-USER LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT" TICK BOX, OR BY INSTALLING OR USING THE VASTPARK SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" TICK BOX, AND DO NOT INSTALL OR USE ANY PART OF THE VASTPARK SOFTWARE.
DURING THE VASTPARK SOFTWARE INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF DOWNLOADING, INSTALLING AND EXPERIENCING ADDITIONAL COMPONENTS (INCLUDING MEDIA CONTENT, WIDGETS AND VIRTUAL WORLDS) FROM THIRD-PARTY SOFTWARE PROVIDERS AND CONTENT PUBLISHERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
- LICENSE GRANT. VastPark Pty Ltd grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by VastPark that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
- TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.
- PROPRIETARY RIGHTS. Portions of the Product may be made available in both binary and source code form under commercial and/or open source licenses (collectively, "Developer Licenses") at http://www.VastPark.com. Nothing in this Agreement will be construed to limit any rights granted under the Developer Licenses. Subject to the foregoing, VastPark, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of VastPark or its licensors.
- DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, VASTPARK AND VASTPARK'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, VASTPARK PTY LTD AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, "VASTPARK") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. VASTPARK'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
- EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
- U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.
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MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between VastPark and you concerning the subject matter hereof, and it may only be modified by a
written amendment signed by an authorized executive of VastPark. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed
by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling
language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms;
VastPark Pty Ltd may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.
Badumna NICTA License Agreement
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING NATIONAL ICT AUSTRALIA LIMITED (NICTA) SUPPLIED SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
This License Agreement is entered into between National ICT Australia Limited (herein referred to as "Licensor") and you, the Licensee.
The computer program(s) and related documentation and materials (herein collectively referred to as "the Software") are licensed, not sold, to the Licensee for use only upon the terms of this license, and Licensor reserves any rights not expressly granted to Licensee. The following terms govern use of the Software by the Licensee.
- Licensor hereby grants you a perpetual, non-exclusive, non-transferable, royalty free license to use the Software for internal use only. Licensee acknowledges that Licensee may not use the Software for commercial purposes.
- Licensor will not provide any future updates or modifications to the Software.
- Licensee may not:
- a. translate, reverse engineer, decompile, decrypt, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
- b. copy the Software (except for back-up purposes);
- c. rent, lease, transfer, assign, sub-license or otherwise transfer rights to the Software;
- d. demonstrate, sell or market the Software to any third party; or
- e. remove any proprietary notices or labels on the Software.
- Title, ownership rights, and intellectual property rights in and to the Software and any derived works shall remain solely with Licensor.
- To the extent permitted by law, the Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by Licensee. Should the Software prove defective, Licensee assumes the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement.
- Except to the extent required by applicable law, Licensor shall not be under any liability (whether for breach of contract, breach of warranty or in tort, including negligence) to Licensee in respect of any loss or damage (including any direct, indirect, special, incidental or consequential loss or damage) howsoever caused, arising as a result of this Agreement.
- Licensee agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Licensee shall not make any copies or duplicates or any Software without the prior written permission of Licensor. Licensee may make such backup copies of the Software as may be necessary for Licensee's lawful use, provided Licensee affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
- Licensee agrees that Licensor may request from time to time that the Licensee provide feedback to the Licensor on the Software. Licensee agrees that the Licensor owns all title, ownership rights and intellectual property rights in the feedback provided by Licensee and any derived works.
- This license will terminate automatically if Licensee fails to comply with the limitations described above. On termination, Licensee must destroy all copies of the Software in electronic or other form, including any copies on backup tapes or other media, and, at Licensor's request, the Licensee, to the extent practicable, shall deliver to Licensor certification that all copies of the Software have been destroyed..
- This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the laws of the State of New South Wales, Australia. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.