Advantage VBM distribution permissions and end-user license agreement

ADVANTAGE VBM SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. CY INNOVATIONS PTY LTD AND/OR ITS SUBSIDIARIES IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND CY INNOVATIONS PTY LTD. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE "I AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DECLINE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN SIXTY (60) DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

1. License.
The software which accompanies this license (collectively the "Software") is the property of CY Innovations Pty Ltd or its licensors and is protected by copyright law. While CY Innovations Pty Ltd continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that CY Innovations Pty Ltd may furnish to you. Except as may be modified by a CY Innovations Pty Ltd license certificate, license coupon, or license key (each a "License Module") which accompanies, precedes, or follows this license, your rights and obligations with respect to the use of this Software are as follows:

When you first register your product installation CY Innovations will issue you with a unique Customer ID. You must quote this Customer ID under the following circumstances:

1. upgrading your product installation license,
2. registering and upgrading another product installation license,
3. in all communications with CY Innovations.

The performance of this product in relation to the number of concurrent users is not guaranteed and is dependent on the condition of your computer, computer network and any limitations of Microsoft Access.

CY Innovations Pty Ltd grants you, the Licensed Company named when applying for a license, the following rights to use the Software.

A. TRUE FREEWARE
When first installed you are not required to register the Software and some functions and features will remain restricted. You may continue use this unregistered TRUE FREEWARE license free of charge and without expiry. You may only install the TRUE FREEWARE license on a single computer. You may only install one VBM Cell on a single computer.

B. ENTERPRISE EVALUATION
By quoting the licensing information found in the HELP >> REGISTER VBM menu to CY Innovations Pty Ltd, CY Innovations Pty Ltd will in return provide a License Number and a Customer ID. On acceptance of the License Number your product installation will have a ENTERPRISE EVALUATION 5 User license which will expire within 30 days after the date the License Number is issued by CY Innovations Pty Ltd. You will have full access to all product functions and features. You may install the ENTERPRISE EVALUATION version on an unlimited number of networked computers. You may install only one VBM Cell for evaluation on a network. You may only upgrade an ENTERPRISE EVALUATION license to at least a ENTERPRISE MULTI-USER 5 User license at any time.

C. ENTERPRISE MULTI-USER
By quoting the licensing information found in the HELP >> REGISTER VBM menu to CY Innovations Pty Ltd and providing payment on terms outlined in an invoice, CY Innovations Pty Ltd will in return provide a License Number. On acceptance of the License Number your product installation will have an ENTERPRISE MULTI-USER license without expiry for the number of End User seats purchased. You may install the ENTERPRISE MULTI-USER license on an unlimited number of networked computers. You will have full access to all product functions and features for one VBM Cell within which you may create multiple Vault databases on a network. You may install additional VBM Cells on the same network however each additional VBM Cell must be separately licensed according to the payment on terms outlined at www.cyinnovations.com.

You may:

a) install this Software on the number of computers allowed by the version as A, B or C above. If a License Number accompanies, precedes, or follows this license, you may make that number of copies of the Software licensed to you by CY Innovations Pty Ltd as provided in your License Number. Your License Number shall constitute proof of your right to make such copies.
b) make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes;
c) make copies of the Software installation package and re-distribute to others providing there is no gain whatsoever except for any services you may provide to others in relation to the installation, configuration or use of the Software;
d) use the Software on a network, and add new content to a VBM Project provided you have a licensed copy of that VBM Cell on that network; and

You may not:

a) transfer this license to another party other than the Licensed Company either freely or in return for any gain
b) move or otherwise alter the location of a registered VBM Cell on a computer or network of computers
c) derive any gain whatsoever for copying and re-distributing the Software installation package except for any services you may provide others for installing, configuring or using the Software;
d) copy and distribute the printed documentation which accompanies the Software for any gain whatsoever;
e) sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
f) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
g) use a later version of the Software than is provided herewith unless you have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
h) use, if you received the software distributed on media containing multiple CY Innovations Pty Ltd products, any CY Innovations Pty Ltd software on the media for which you have not received a permission in a License Module; or
i) use the Software in any manner not authorized by this license.

2. Content Updates:
Certain CY Innovations Pty Ltd software products may utilize content that is updated from time to time; collectively, these are referred to as "Content Updates"). You may obtain Content Updates for any period for which you have purchased a subscription for Content Updates for the Software (including any subscription included with your original purchase of the Software), purchased upgrade insurance for the Software, entered into a maintenance agreement that includes Content Updates, or otherwise separately acquired the right to obtain Content Updates. This license does not otherwise permit you to obtain and use Content Updates.

3. Refund Policy:
CY Innovations provides the Software as a downloadable, limited function freeware product under a TRUE FREEWARE license. You can continue to use the product under the TRUE FREEWARE license at no cost. We also allow you to upgrade the freeware license to a try-before-you-buy, ENTERPRISE EVALUATION 5 User license for your convenience to fully evaluate our product within 30 days.

You can progressively upgrade the Software by registering your details and the License Key provided by the installed product. After your payment is approved, a receipt email will be sent to you with the License Number required to unlock the purchased license.

Once this information has been emailed to you, a full refund will only be granted within 30 days of purchase for (1) Software not received due to an error on CY Innovation's part (2) Duplicate Purchases (3) Billing Errors

We have this policy since it is not possible for you to return your registered version of our software, compared to a traditional retail purchase where you are able to return the physical product. If you have a duplicate charge or feel you have been incorrectly charged, please forward the receipt email received from CY Innovations to sales@cyinnovations.com and details of your claim.

During your trial period, you can use the Quick Steps Tutorial and Easy Steps Help which are all available from the Software. You can also view the User's Forum at www.cyinnovations.com. We strongly recommend that all Customers download, install, and test the freeware or the fully functional evaluation license prior to making any purchase. Please note that you can only upgrade the ENTERPRISE EVALUATION to at least a ENTERPRISE 5 User license.

4. Limited Warranty:
CY Innovations Pty Ltd warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that CY Innovations Pty Ltd will, at its option, replace any defective media returned to CY Innovations Pty Ltd within the warranty period or refund the money you paid for the Software. CY Innovations Pty Ltd does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. Your order or application for a License Number shall signify that you have deemed this software compatible and fit for your purpose by installing and using the TRUE FREEWARE license or ENTERPRISE EVALUATION license prior to any purchase.

CY Innovations Pty Ltd does not warrant that this product will work correctly when used in conjunction with and interfacing to any other third party software application/s.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

5. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CY INNOVATIONS PTY LTD OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CY INNOVATIONS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL CY INNOVATIONS PTY LTD OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

7. General:
This Agreement will be governed by the laws of Western Australia. This Agreement and any related License Number is the entire agreement between You and CY Innovations Pty Ltd relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties. This Agreement may only be modified by a License Number or by a written document which has been signed by both You and CY Innovations Pty Ltd. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination.

Should you have any questions concerning this Agreement, or if you wish to contact CY Innovations Pty Ltd for any reason, please email:

Customer Service
sales@cyinnovations.com

You may include Advantage VBM on any CD compilation. You may distribute the TRUE Freeware application for one user in a single Vault at no cost or obligation. You must Register for an ENTERPRISE Evaluation license in order to upgrade to an ENTERPRISE Multi-User license at the fees published at www.cyinnovations.com.

You can contact reseller@cyinnovations.com to enquire about discounts which are available to Advantage VBM Resellers.

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