Retail Performer V8.1 distribution permissions and end-user license agreement
s”) that were on the original copy supplied by Multicast Media Pty Limited.
4. (d) Upgrades & THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF FMI OR A FMI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. (b) Limitation. Multicast Media Pty Limited TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED BY SECTION 6(a) ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S.$5.00 OR THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY FMI’S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION 6 MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
Copyright © 1999-2006 Multicast Media Pty Limited. All rights reserved.
Filemaker © logos are registered trademarks of Filemaker Inc ©.
All other trademarks or registered trademarks are the sole property of their respective companies. This software contains Filemaker © source code.
Non-transferrable, Distributor License
This license applies to everything in the Retail Performer package, except where otherwise noted.
This software is provided `as-is`, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to the Distributor to sell this software for any purpose, including commercial applications, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software.
2. You may not copy or reverse engineer this software.
3. This notice may not be removed or altered from any source distribution.
4. You must obtain a seperate license from Multicast Media to distribute this software.
Multicast Media Pty Limited
Sydney, Australia, 2006