ArtistScope CD distribution permissions and end-user license agreement

LICENSING AGREEMENT

This agreement is between you (the user of the ArtistScope software noted as 'the licensee') and Art Dept (nsw) Pty Ltd trading as ArtistScope. By using ArtistScope software, you are agreeing to become bound by the terms of this agreement.

1. As used in this Agreement, "ArtistScope" shall mean Art Dept (nsw) Pty Ltd.

2. ArtistScope, as Licensor, grants to you, the Licensee, a non-exclusive right to use tArtistScope CD and service (hereinafter the "Service") for unlimited use. Licensee may not assign or otherwise transfer the License to use the Software.

3. The ArtistScope software, services and accompanying documentation (including instructions for use) are provided as is and without warranty of any kind. ArtistScope does not warrant, guarantee or make representation otherwise than in this Agreement. The licensee assumes the entire risk as to the results and performance of the Service. No oral or written advice given by ArtistScope, its distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on such advice.

4. Title, ownership rights, and intellectual property rights in Copysafe services shall remain with ArtistScope. The Licensee acknowledges that no ownership or intellectual property rights whatsoever shall vest in them by virtue of the use of this Service and/or registration pursuant to this Agreement. The Licensee also warrants that they will not participate in any action to jeopardize, limit or interfere in any manner with the Service or rights with respect to the Service.

5. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of parts relating to the Service without recourse. Artistscope reserves the right to deny or refuse any part of the Service.

6. This agreement is to be taken in whole including the statements as to the performance of the Service, licence pricing and relevant limitations. The licensee agrees that in using the Service that they are in agreement with all the terms of this Agreement.

7. The technology, methods, logos, systems and documentation included in the Copysafe system and services are the Copyrighted and intellectual property of Art Dept (nsw) Pty Ltd and partners trading as Artistscope.

8. Licensee agrees not publish or make available for publication or review to any third party, any documentation or disclosure of the systems workings, requirements or otherwise that can in any way be considered to jeopardize the security or the of the Service, ArtistScope and other licensed users without the express written permission of ArtistScope.

9. Licensee agrees to use the software according to the recommended guidelines and as defined by ArtistScope terms of sale.

10. The Licensee acknowledges and agrees that the licence may be terminated as a result of any breach of the terms of this Agreement.

ARTISTSCOPE DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL ARTISTSCOPE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

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