JAFRE
SOFTWARE CC END USER LICENSE AGREEMENT FOR GAMALIAL PROJECTS
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE ACCESSING THIS GAMALIAL PROJECT
Gamalial, and any and all Gamalial projects (the "Software"), any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such Software program and materials, are the copyrighted work of Jafre Software cc. All use of the Software is governed by the terms of the License Agreement which is provided below ("License Agreement"). The Software is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the terms of the License Agreement is expressly prohibited.
This agreement is a binding legal agreement between Jafre Software cc reg. no. CK 2002 / 043059 / 23 (hereinafter referred to as "the Licensor") and the purchasers, users or evaluators of any of the Gamalial projects (hereinafter referred to as "the Licensee"). IF YOU DO NOT INTEND TO HONOR THIS AGREEMENT, DO NOT ACCESS ANY GAMALIAL PROJECTS.
LICENCE AGREEMENT
1. DEFINITIONS
1.1 Project shall mean any one specific Gamalial project, in whole or in part including any one or more modules of the program, and the documentation associated with the program.
2. LICENCE
2.1 Grant of licence
Subject to the terms and conditions of this agreement, the Licensor grants to the Licensee a non-transferable non-exclusive license to access the Project online. In particular,
2.1.1 in the event that no user fee is paid in terms of clause 4, this agreement authorises the Licensee to access the Project online (for private projects requiring subscription, this access is restricted for a trial period not exceeding 7 days);
2.1.2 for private projects requiring subscription, in the event that a single user fee is paid in terms of clause 4, this agreement authorises the Licensee to use a single set of login credentials to access the Project for a period of 1 year effective from the date of payment;
2.1.3 for private projects requiring subscription, in the event that a multiple user fee is paid in terms of clause 4, the user may network the Project for a period of 1 year effective from the date of payment, to groups of up to 49, 99, and 200, provided that the total number of user facilities does not exceed the number of users for which payment has been made;
2.1.5 for private projects requiring subscription, in the event that an intranet site license is paid for in terms of clause 4, this agreement authorises the Licensee to make the Project available on its intranet, but restricted to the number of business units/campuses corresponding to the license purchased, for a period of 1 year effective from the date of payment;
2.2 Restrictions on use
The Licensee may not :
2.2.1 copy, distribute, network, rent, lease or sub-license any portion of the Project except as provided for in clause 2.1;
2.2.2 modify or prepare derivative works of the Project;
2.2.3 use the Project in a computer based services business providing access to the Project for value or publicly display or permit public or general access to the Project whether for value or not; and
2.2.4 reverse engineer, de-compile or disassemble the Project product.
The Licensee shall keep confidential and use its best efforts to prevent and protect the contents of the Project from unauthorised disclosure or use.
3. ACCESS AND MANAGEMENT
The Licensee is responsible for accessing the Project. Training and Consulting services are available at the Licensee's premises at a current rate of R600 per hour plus travelling time at R300 per hour plus R5 per kilometer or accommodation and return flight cost from the Licensor's office in Port Elizabeth or nearest training consultant. Training fees will be adjusted annually.
4. LICENSE FEE
For Gamalial projects requiring subscription, in consideration of the license granted by the Licensor under this agreement, the Licensee shall pay to the Licensor the amount as quoted to the Licensee by the Licensor. These payments shall constitute the full amounts owed by the Licensee to the Licensor for a period of 12 months, and are payable without deduction or set-off before access to the Project will be granted by the Licensor to the Licensee.
5. OWNERSHIP / TITLE
The Licensor is and shall be the sole owner of all intellectual property rights including copyright in and to the Project and of the trade mark of the Licensor.
6. NO WARRANTY OR LIABILITIES
The Project is supplied in good faith and in the belief that it is accurate and capable of serving its purpose. Otherwise, it is supplied "as is" and without any warranty as to its performance or the results obtainable by using it. The entire risk as to use, results and performance of the Project is assumed by the Licensee.
The Licensor shall not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from this license or resulting from the Licensee's use or inability to use the Project.
7. COMMENCEMENT AND TERMINATION
7.1 This agreement will commence on the date that access to the Project is granted to the Licensee to the Licensor and will continue in force until terminated in accordance with the provisions of the agreement;
7.2 In addition to any rights of termination which either party may have at common law, should a party commit breach of any of the terms of this agreement and fail to remedy the breach within 30 (thirty) days of receipt of written notice calling on it to do so, then the other party will be entitled, without prejudice to any other remedy it may have, to cancel the agreement by giving written notice to that effect to the party committing the breach.
8. GENERAL
8.1 No variation of or addition to this agreement will be of any force or effect unless reduced to writing and signed by the parties.
8.2 The
provisions of this agreement shall be governed by the laws of the
ANNEXURE A
For purposes of these payments, a user facility shall be any facility, whether portable, fixed, network, on-line, free-standing or otherwise, including any screen of any nature at which a user may access the Project or updates.
I acknowledge that I have read and understand the foregoing License Agreement and agree to be bound by the terms and conditions contained therein.