This Licence Agreement is a legal agreement between you, either as an individual or a single entity (“you”), and Fransiscus Asisi Herry (“Fransiscus Herry”) for the software product identified as “Image2Punch Pro”. The software product includes executable programs, electronic documentation, and sample images (collectively “software”, “software product”, “components” or “software components”).
The software product, all images, photographs, icons, and text incorporated in the software product as well as the software components, are owned by Fransiscus Herry or his suppliers and is protected by Australia and New Zealand copyright laws, and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Fransiscus Herry and his suppliers. You must not reverse engineer, decompile or disassemble the software except as set forth herein.
Installing this software product on to a hard disk or any other storage device of a computer, or loading any of the components into the memory of any computer, constitutes use of the software and shall acknowledge your acceptance of the terms and conditions of this Licence Agreement and your agreement to be bound by them. If you do not accept these terms, you are not authorized to use this software product.
1. GRANT OF LICENCE
Upon your acceptance of the terms of this Licence Agreement, Fransiscus Herry grants you a non-exclusive, non-transferable, worldwide right and licence to use the executable version of the software product, where “use” in this Licence Agreement means storing, loading, installing or executing the software. You may not modify the software or disable any licensing or control features of the software. You agree that you may not copy or reproduce the written materials accompanying the software. You may copy the software product for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original software’s proprietary notices. You may not sub-license, rent or lease your rights to the software or documentation.
If the software licence you have is for a single user licence, you may install the software product on multiple computers provided that not more than two of those computers (one in standalone mode and one in client/server mode) are in use simultaneously and that those computers are solely for your own use.
If this Licence Agreement is for a multi-user (site) licence, the number of computers on which the software is installed may not exceed the number of licences purchased, regardless of whether the computer is used by multiple users or not.
2. COPYRIGHT AND OWNERSHIP
You acknowledge and agree that except for the licences granted by this agreement, all right, title, and interest in and to the software product (including, but not limited to, all copyrights in any executable programs, modules, libraries, electronic documentation, and sample images and perforated pattern designs), any printed materials and copies of the software product are owned by Fransiscus Herry. The software product is protected by copyright laws and international treaty provisions. You may (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy any printed materials that may accompany the software product. Your licence confers neither title to nor ownership in the software product and is not a sale or assignment of any rights of Fransiscus Herry. Fransiscus Herry’s third party suppliers may enforce and protect their rights in the event of any breach of this Licence Agreement as if such suppliers were parties to this Licence Agreement.
3. NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble or decompile Image2Punch Pro without Fransiscus Herry’s prior written consent or as permitted by applicable law. In some jurisdictions, Fransiscus Herry’s consent may not be required for limited disassembly or decompilation. Upon request, you will provide Fransiscus Herry with reasonably detailed information regarding any disassembly or decompilation that you undertake. You may not decrypt the software product unless decryption is an essential step in the authorized use of the software product.
4. WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRANSISCUS HERRY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND THE SOFTWARE COMPONENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. IN PARTICULAR, YOU BEAR ALL RISK IN RELATION TO PRODUCTS PRODUCED USING THE SOFTWARE.
Nothing in this Licence Agreement excludes, restricts, or modifies the application of any legislation which by the law of any jurisdiction cannot be excluded, restricted or modified. Where you are a “consumer” under the Australian Consumer Law the following notice applies to you:
Our goods come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
6. LIMITATION OF LIABILITY
Where legislation (such as the Australian Consumer Law) implies consumer guarantees, warranties or conditions into this Licence Agreement which cannot be excluded, nothing in this Licence Agreement operates to exclude those consumer guarantees, warranties and conditions. Notwithstanding any other provision of this Licence Agreement, Fransiscus Herry’s liability for any breach of such non-excludable consumer guarantee, condition or warranty is limited, at Fransiscus Herry’s option to (a) in the case of goods, replacement or repair of the goods or the payment of the cost of replacement or repair of the goods and (b) in the case of services, re-supply of the services or payment of the cost of re-supply of the services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FRANSISCUS HERRY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE IN CONTRACT OR TORT, LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF FRANSISCUS HERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
This software is intended for use with data, media, files, and content for which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyright, patent, trade mark or other intellectual property licences are needed for the content that you use in conjunction with this software product. You agree to hold harmless, indemnify and defend Fransiscus Herry, its officers, directors, employees, agents and third party suppliers against any loss, damage, fine, claim or expense including attorney’s fees arising out of or related to any claim or allegation that you have used this software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
8. TERMINATION
This Licence Agreement shall continue for the duration of Fransiscus Herry’s copyright in the software product, unless earlier terminated as provided herein. Fransiscus Herry may terminate your licence immediately without notice to you for your failure to comply with any of the terms set forth in this Licence Agreement. Upon termination, you must immediately destroy or delete all copies of the software product in your possession or control, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Licence Agreement.
9. NEGATION OF PARTNERSHIP
Fransiscus Herry shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this licence.
10. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this Licence Agreement constitutes the sole and exclusive agreement between you and Fransiscus Herry with regard to the software product, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein. If you have any questions regarding this Licence Agreement or if you wish to request any information from Fransiscus Herry, please use the email address below. All correspondence must be in English.
Copyright © 2018 Fransiscus Asisi Herry. All rights reserved.
