You should carefully read the following terms and conditions before using the PRODUCT. Your use of the PRODUCT indicates your acceptance of this license agreement and warranty. If you do not agree to the terms of this license, promptly destroy all copies of the PRODUCT and its documentation.
REGISTERED VERSION
This product is licensed on a per developer basis. One registered copy
of the PRODUCT may be used by a single person who uses the
PRODUCT personally on one or more computers. Each developer
who uses the PRODUCT in a ToolBook
AUTHORING environment must have
his or her own licensed copy of the PRODUCT.
COPYRIGHT NOTICE
The PRODUCT is copyright 2002-2006 by Nirvana Bound PTY LTD. All rights
are protected by applicable copyright or other intellectual property
laws and treaties. Any and all rights not expressly granted within this
agreement are reserved by Nirvana Bound.
Portions are copyright 1990-2004, click2learn, Inc. and copyright
2004-2006 SumTotal Systems. All Rights Reserved.
YOUR RIGHTS
Subject to the following
RESTRICTIONS, Nirvana Bound:
a) Grants licensed registered users of the
PRODUCT, full use of the
PRODUCT in a ToolBook
AUTHORING environment.
b) Allows unregistered users to use the
PRODUCT for evaluation purposes
only.
RESTRICTIONS
You expressly agree that you will not:
a) Reverse engineer, disassemble, decompile or otherwise reduce the
PRODUCT to a human-perceptible form or otherwise attempt to recreate the
source code, except to the extent applicable laws prohibit such
restrictions.
b) Modify, adapt, sublicense, sell, rent or lease the
PRODUCT.
DISCLAIMER OF WARRANTY
THE PRODUCT AND THE ACCOMPANYING FILES (IF ANY) ARE PROVIDED AND SOLD
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NIRVANA BOUND DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT ANY DEFECTS DISCOVERED IN THE PRODUCT WILL BE
CORRECTED.
FURTHERMORE, NIRVANA BOUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NIRVANA BOUND SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIRVANA BOUND PTY LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF NIRVANA BOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE LIABILITY WILL BE LIMITED TO THE AMOUNT OF MONEY THAT NIRVANA BOUND RECEIVED FROM YOU FOR THE USE OF THE PRODUCT.
IN ADDITION, TO THE EXTENT PERMISSIBLE BY THE AUSTRALIAN TRADE PRACTICES ACT 1974 OR EQUIVALENT LEGISLATION, ANY LIABILITY OF NIRVANA BOUND FOR BREACH OF A CONDITION OR WARRANTY IMPLIED INTO THIS AGREEMENT BY THAT ACT IS LIMITED, AT NIRVANA’S DISCRETION, TO EITHER (A) IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (I) THE REPLACEMENT OF THE GOODS PURCHASED; (II) THE PAYMENT OF THE COSTS OF REPLACING THE GOODS PURCHASED; OR (B) IN THE CASE OF SERVICES: (I) THE SUPPLYING OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF COST OF HAVING THE SERVICES SUPPLIED AGAIN.
COMPLETE AGREEMENT
(a) This License constitutes the entire agreement between the parties
with respect to the distribution and use of the
PRODUCT, and supersedes
all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. No amendment to or modification of
this Agreement will be binding unless in writing and signed by a duly
authorized representative of Nirvana Bound, PTY LTD.
(b) The provisions in this Agreement are necessary for the protection of
the business and goodwill of Nirvana Bound, PTY LTD and are considered
by the Recipient to be reasonable for such purposes. The Recipient
agrees that any breach of this Agreement will cause Nirvana Bound, PTY
LTD substantial and irreparable damages and, therefore, in event of any
such breach, in addition to other remedies that may be available,
Nirvana Bound, PTY LTD shall have the right to seek specific performance
and other injunctive and equitable relief.
(c) This Agreement will be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns.
(d) This Agreement shall be governed by the laws of the State of New
South Wales, Australia..
Should you have any questions regarding this Agreement, you may contact Nirvana Bound, PTY LTD by writing to:
Nirvana Bound Pty Ltd,
7 Mill Hill
Port Macquarie
NSW, 2444
Australia
Or pjackson@toolbookdeveloper.com
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
Peter Jackson
Nirvana Bound Pty Ltd