IMPORTANT--READ THESE TERMS CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT,
PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE SOFTWARE
PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER THIRTY (30) DAYS
FROM INSTALLATION. THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF
THE SOFTWARE AFTER THE THIRTY (30)-DAY TRIAL PERIOD.
Grant of License for Registered Users
iMagic, grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the "iMagic Hotel Reservation"),
including any documentation files accompanying the Software ("User
Guide") on a single server (if the Software is server based) or personal
computer to support up to the number of simultaneous users for which
you have paid the license fee, and to make one backup copy of the
Software, provided that: (i) the Software is installed on only one
server or personal computer; (ii) the Software is NOT modified; (iii)
all copyright notices are maintained on the Software; and (iv) you agree
to be bound by the terms of this License Agreement. The Software and
Documentation shall be used only by you, only for your own personal or
internal business use and not in the operation of a service bureau or
for the benefit of any other person or entity.
Ownership
You have no ownership fights in the Software.
Rather, you have a license to use the Software as long as this License
Agreement remains in full force and effect. Ownership of the Software,
Documentation and all intellectual property fights therein shall remain
at all times with iMagic.
Any other use of the Software by any person, business, corporation,
government organization or any other entity is strictly forbidden and is
a violation of this License Agreement.
Copyright
The Software and Documentation contain material
that is protected by United States Copyright Law and trade secret law,
and by international treaty provisions. All fights not granted to you
herein are expressly reserved by iMagic. You may not remove any proprietary notice of iMagic from any copy of the Software or Documentation.
Restrictions
You may not publish, display, disclose, rent,
lease, modify, loan, distribute, or create derivative works based on the
Software or any part thereof. You may not reverse engineer, decompile,
translate, adapt, or disassemble the Software, nor shall you attempt to
create the source code from the object code for the Software. You may
not transmit the Software over any network or between any devices,
although you may use the Software to make such transmissions of other
materials. You may transfer the Software to other computers you own as
long as you only use it on one computer at a time.
Confidentiality
You acknowledge that the Software contains proprietary trade secrets of iMagic
and you hereby agree to maintain the confidentiality of the Software
using at least as great a degree of care as you use to maintain the
confidentiality of your own most confidential information. You agree to
reasonably communicate the terms and conditions of this Software License
Agreement to those persons employed by you who come into contact with
the Software, and to use reasonable best efforts to ensure their
compliance with such terms and conditions, including, without
limitation, not knowingly permitting such persons to use any portion of
the Program for the purpose of deriving the source code of the Program
or defeating the Key.
Limited Warranty
iMagic
WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE
SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE
DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE
REMEDY, AND iMagic'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT iMagic'S
SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE
PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR
OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY iMagic
REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE
SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, iMagic
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iMagic
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL
OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS
OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS
COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW
THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO
YOU.
Limitation of Liability
IN NO EVENT WILL iMagic
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY,
EVEN IF iMagic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iMagic'S
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR
OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU
FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE Australia OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE Australia. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF iMagic AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Termination
This License Agreement is effective until it is
terminated. You may terminate this License Agreement at any time by
destroying or returning to iMagic all copies of the Software and Documentation in your possession or under your control. iMagic may terminate this License Agreement for any reason, including, but not limited to, if iMagic
finds that you have violated any of the terms of this License
Agreement. Upon notification of termination, you agree to destroy or
return to iMagic
all copies of the Software and Documentation and to certify in writing
that all known copies, including backup copies, have been destroyed. All
provisions relating to confidentiality, proprietary fights, and
non-disclosure shall survive the termination of this Software License
Agreement.
General
This License Agreement shall be construed, interpreted and governed by the laws of the Australia
without regard to conflicts of law provisions thereof. The exclusive
forum for any disputes arising out of or relating to this License
Agreement shall be an appropriate court sitting in Western Australia, Australia.
This License Agreement shall constitute the entire Agreement between
the parties hereto. Any waiver or modification of this License Agreement
shall only be effective if it is in writing and signed by both parties
hereto. If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of
this License Agreement shall be interpreted so as to reasonably effect
the intention of the parties.
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