You are here: Home / PMOBoss / Legal / PMOBoss Applications Licence

PMOBoss Applications Licence

by Alan Pulido last modified May 11, 2009 10:54 PM
LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY PMOBOSS APPLICATIONS

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.

Our Office
407 The Foundry
181 Lawson Street
Darlington, Sydney 2008
+61 (0) 2 9045 3064
ABN: 31 120 285 261