Introduction > Licence agreement

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Resort Software Pty. Ltd. ("Resort Software"). By continuing installation of this program, by loading or running the program, or by copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement.

SOFTWARE LICENCE

1. Grant of Licence. Resort Software grants to you the right to use the Resort Software program (the "Software") for a trial period of 30 days from the date of installation. After this time, the Software will automatically disable itself and you will then have the option of removing the Software or purchasing a permanent licence. Subsequent to your purchasing a licence for the Software, you will be granted the right to install and use the Software on ONE COMPUTER PER PURCHASED LICENCE. For the purposes of this Agreement, "use" means loading the Software into RAM as well as an installation on a hard disk or other storage device. You are not entitled to rent, lease, sell, distribute for money or other consideration, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software.

2. Commercial use prohibited. Under no circumstances shall you, the end-user, or anyone at your direction, be permitted, allowed or authorized to do any of the following acts:

(1) rent the Software;

(2) sell the Software;

(3) lease the Software; or

(4) distribute the Software for money or other consideration.

3. Copyright. The Software is owned by Resort Software and is protected by Australian copyright laws and international treaty provisions. You must deal with the Software like any other copyrighted material.

4. Limited warranty. Resort Software warrants that if correctly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with its designed purpose for a period of 30 days from the date the Software is first used by an end-user. Resort Software's entire liability and your exclusive remedy shall be, at Resort Software's option, either to return the retail price paid, if any, or repair or replace the Software that does not meet Resort Software's limited warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address and a statement of defect, or return the Software with the above information to Resort Software. This limited warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement.

5. No other warranties. Resort Software disclaims all other warranties, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose with respect to the Software. This limited warranty gives you specific legal rights. You may have others which vary from jurisdiction to jurisdiction. Resort Software does not warrant that the operation of the Software will be uninterrupted, error free or meet licensee's specific requirements. The warranty contained in this clause is in lieu of all other express warranties, whether oral or written. The agents, employees, distributors, and dealers of Resort Software are not authorized to make modifications to this warranty, or additional warranties on behalf of Resort Software. Additional statements such as dealer advertising or representations, whether oral or written, do not constitute warranties by Resort Software and should not be relied upon.

6. Exclusive remedies. You agree that your exclusive remedy against Resort Software, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort (including negligence or strict liability) or otherwise, shall be the return of the retail purchase price paid for the Software, if any, or replacement of the Software. Resort Software shall not be liable for any loss of data, loss of profits, lost savings, special, incidental, consequential, indirect or other similar damages arising from breach of warranty, breach of contract, negligence or other legal action even if Resort Software or its agent has been advised of the possibility of such damages, or for any claim by any other party.

7. General provisions. Neither this Agreement nor any part or portion of it shall be assigned or sublicensed, except in accordance with the terms and conditions of this Agreement. If any provision of this Agreement is held to be void, invalid or unenforceable, it will not effect the validity of the remaining provisions of the Agreement, which shall remain valid and enforceable.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT BY CONTINUING INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN RESORT SOFTWARE AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN RESORT SOFTWARE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.