Copyright 2002 Hexworx Computer Services, Ltd. All rights reserved. This product or documentation is protected by copyright and distributed under licenses restricting its use, copying, distribution, and decompilation. No part of this product or documentation may be reproduced in any form by any means without prior written authorization of Hexworx Computer Services Ltd.

TestKit is a trademark of Hexworx Computer Services Ltd.

In the following agreement, the term "software" refers to the TestKit and Tester software products and related explanatory materials. The term "software" also includes any upgrades, modified versions or updates of the Software licensed to you by Hexworx Computer Services Ltd. (hereafter referred to as the "licensor").

Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the software.

End User License Agreement

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS

AND CONDITIONS OF THIS AGREEMENT.

The software, including any "online" or electronic documentation are subject to the terms and conditions of the agreement under which you have licensed the product.  By clicking on the "Yes" button or by installing, copying, or otherwise using this product, you are consenting to becoming a party to this agreement and to being bound by the terms and conditions of this agreement.

If you do not agree to all of the terms and conditions of this agreement, click the "No" button.

SINGLE USER LICENCE

Purchase of a single copy of the software entitles the purchaser to use the software on any single computer.  The software may be used on a second computer provided only a single copy of the software is used at any one time.  The software may be used on a network, provided that a licensed copy of the software has been acquired for each person permitted to access the software through the network.  The software may be copied for archival purposes.

SITE LICENCE

To use this software in a commercial, educational or governmental agency on more than one computer, it is necessary to purchase a Site License. The Site License allows the organization to use the software package on up to the number of computers specified by the license.  Site License fees are based on the total number of computers that will use the software package. The Site License allows you to copy the software for the number of machines licensed.  Distributing, repackaging, or reselling of the software to third parties is not allowed.

DISTRIBUTION LICENCE

A Distribution License is required by an organization, company or government agency authorised to facilitate the distribution of this software to outside parties.  The Distribution License is non-exclusive and non-transferable.

With a Distribution Licence you may make and distribute unlimited copies of the software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement and the same copyright and other proprietary notices pertaining to this software that appear in the software.

EVALUATION LICENCE

An Evaluation License is a non-exclusive license provided free of charge to a limited number of individuals and organizations assisting in the testing, development, demonstration and promotion of the TestKit product.  Additional copies of the software may be made where this is necessary to assist in demonstration and promotion of the product.

The evaluation period for use by, or on behalf of, a commercial entity is limited to ninety days.

If you are using the software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance.

If you have multiple validly licensed copies of the software, you may reproduce, install, and use one copy of the software on all of your computers running validly licensed copies of the software provided that you use such additional copies of the software in accordance with the terms and conditions above. For each validly licensed copy of the software, you may reproduce one additional copy of the software solely for archival purposes or reinstallation of the software on the same computer as the software was previously installed.

If you download the software from the Internet or similar on-line source, you must include the Hexworx copyright notice for the software with any on-line distribution and on any media you distribute that includes the software.

The software may not be copied other than as specified above.  You may not rent, lease, grant a security interest in, or otherwise transfer rights to the software or remove any proprietary notices or labels on the software.

This agreement does not allow the purchaser to permit other individuals to use the software except under the terms listed above.  It does not permit concurrent use of the software.  It forbids the modification, translation, reverse engineering, decompilation, disassembling or creation of derivative works based upon the software.

The TestKit and Tester programs are written in the Java programming language.  Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.  Accordingly, the Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for these kinds of High Risk Activities.

DISCLAIMER OF WARRANTIES 

To the maximum extent permitted by applicable law, the licensor and its suppliers provide to you the software, and any (if any) support services related to the software “AS IS” and with all faults. The licensor and its suppliers hereby disclaim with respect to the software and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of or related to:  title, non-infringement, merchantability, freedom from defects, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, and correspondence to description.  The entire risk arising out of use or performance of the software and any support services remains with you.  Should the software prove defective in any respect, you, and not the licensor or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the software is authorized except under this Disclaimer.

LIMITATION OF LIABILITY, EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall the licensor or its suppliers or resellers be liable to you or any other person for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for:  loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, damages for loss of goodwill, work stoppage, computer failure or malfunction, any and all other commercial damages or losses and any other pecuniary or other loss whatsoever) arising out of, or in any way related to the use of, or inability to use, the software or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license, even if the licensor or any supplier or reseller has been advised of the possibility of such damages.

LIMITED WARRANTY

The licensor warrants that the media containing the software, if provided by the licensor, is free from defects in material and workmanship and will remain so for thirty days from the date you acquired the software. The licensor's sole liability for any breach of this warranty shall be, in the licensor's sole discretion:

(i)                 to replace your defective media or Software or

(ii)               to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation or

(iii)             if the above remedies are impracticable, to refund the license fee you paid for the Software.

Only if you inform the licensor of your problem with the software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will the licensor be obligated to honor this warranty.

If any modifications are made to the software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. Moreover, this warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation.

LIMITATION OF LIABILITY AND REMEDIES

To the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the above limited warranty period.  Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.  No dealer, agent, or employee of the licensor is authorized to make any modifications, extensions, or additions to this limited warranty.

Not withstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the licensor and any of its suppliers or resellers under any provision of this license and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the software. In no event will the licensor be liable for any damages in excess of the amount the licensor received from you for a license to the software, even if the licensor has been informed of the possibility of such damages, or for any claim by any third party.

The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

TITLE

Title, ownership rights, and intellectual property rights in the software shall remain the property of the licensor and/or its suppliers. The software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.

The software is owned by the licensor and its suppliers, and its structure, organization and code are the valuable trade secrets of the licensor and its suppliers.

You may use trademarks only insofar as required to comply with the applicable license and to identify printed output produced by the software, in accordance with accepted trademark practice, including identification of the trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the software.

TERMINATION

This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the software and documentation.

EXPORT CONTROLS

By downloading or using the software, you are agreeing to be responsible for complying with any local or international laws which may impact your right to import, export or use the software.

MISCELLANEOUS

This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. The acceptance of any purchase order placed by you is made conditional on your assent to the terms set forth herein, and not those in your purchase order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Australian law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.