This agreement governs the use of the Software and any updates to
the Software, regardless of the delivery mechanism. Subject to the following
terms, PMOBoss Pty Ltd. ("PMOBoss") grants to the user ("Client") a license to this work.
1. The Software. PMOBoss™ Applications (the "Software")
are
an application consisting of
hundreds of software components. The end user license agreement for
each component is located in the component's source code. Permission to
copy, modify, or distribute the Software and its documentation for any
purpose whatsoever is strictly prohibited without prior written consent
from PMOBoss.
This agreement limits Client's rights under, and restricts Client
rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Software and
each of its components, including the source code, documentation,
appearance, structure and organization are owned by PMOBoss and others
and are protected under copyright and other laws. Title to the Software
and any component, or to any copy, modification, or merged portion
shall remain with the aforementioned, subject to the applicable
license.
3. Limited Warranty. Except as specifically stated
in this Paragraph 3 or a license for a particular component, to the
maximum extent permitted under applicable law, the Software and the
components are provided and licensed "as is" without
warranty of any kind, expressed or implied, including the implied
warranties of merchantability, non-infringement or fitness for a
particular purpose. PMOBoss warrants that the media on which the
Software is furnished will be free from defects in materials and
manufacture under normal use for a period of 30 days from the date of
delivery to Client. PMOBoss does not warrant that the functions
contained in the Software will meet Client's requirements or that the
operation of the Software will be entirely error free or appear
precisely as described in the accompanying documentation. This warranty
extends only to the party that purchases the Services pertaining to the
Software from PMOBoss or a PMOBoss™ authorised dealer.
4. Limitation of Remedies and Liability. To the
maximum extent permitted by applicable law, the remedies described
below are accepted by Client as its only remedies. PMOBoss's entire
liability, and Client's exclusive remedies, shall be: If the Software
media is defective, Client may return it within 30 days of delivery
along with a copy of Client's payment receipt and PMOBoss, at its
option, will replace it or refund the money paid by Client for the
Software. To the maximum extent permitted by applicable law, PMOBoss or
any PMOBoss™ authorized dealer will not be liable to Client for any
incidental or consequential damages, including lost profits or lost
savings arising out of the use or inability to use the Software, even
if PMOBoss or such dealer has been advised of the possibility of such
damages. In no event shall PMOBoss's liability under this agreement
exceed the amount that Client paid to PMOBoss under this Agreement
during the twelve months preceding the action.
5. Third Party Programs. PMOBoss may distribute
third party software programs with the Software that are not part of
the Software. These third party programs are subject to their own
license terms. The license terms either accompany the programs or can
be viewed at https://linux.last-bastion.net/license/.
If Client does not agree to abide by the applicable license terms for
such programs, then Client may not install them. If Client wishes to
install the programs on more than one system or transfer the programs
to another party, then Client must contact the licensor of the programs.
6. General. If any provision of this agreement is
held to be unenforceable, that shall not affect the enforceability of
the remaining provisions. This agreement shall be governed by the laws
of the United Kingdom, without regard
to any conflict of laws provisions, except that the United Nations
Convention on the International Sale of Goods shall not apply.
