(Note: this is a copy of the license in the installation package
(Installer License). Where there are differences between this license and the Installer
License then the Installer License will prevail).
Copyright (C) 2005-2012 Wild Systems. All rights reserved.
This software and associated data and documentation (the "Software") is provided by Wild Systems (the "Licensor") on the condition that you (the "Licensee") accept the terms of the agreement below. ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES LICENSEE'S ACCEPTANCE OF THIS AGREEMENT. Licensor agrees to grant, and the Licensee, agrees to accept a personal, non-exclusive, license to use the Software (the "License") under the following terms and conditions:
Under this License the Licensee is authorised to use the Software for the Licensee's own private non-commercial purposes. In addition the Licensee
must not be a competitor of the Licensor or be in current litigation with Licensor.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
a. redistributions must retain the above copyright notice, and this license;
b. no charge can be made for this Software except to recover minor media and distributions costs;
c. the origin of the Software is not misrepresented;
d. any copyright notices and links output by the software must be retained; and
e. neither the name of the Licensor nor the names of its contributors may be used to endorse or promote products or services derived from this software without specific prior written permission.
All Licensee's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Licensee's rights under this Agreement terminate, Licensee agrees to cease use and distribution of the Software as soon as reasonably practicable. However, Licensee's obligations under this Agreement shall continue and survive.
Notwithstanding any copyright notice, the Software contains trade secrets and confidential information of Licensor. No title to or ownership of the Software, information or trade secrets, or of any rights therein, is transferred hereby.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement merges all prior written and oral communications regarding the Software and sets forth the entire agreement of the parties. This Agreement shall be construed in accordance with the laws of New South Wales, regardless of where any action may be brought. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation and waives the right to pro se litigation. Wild Systems Pty Ltd ABN 85 065 845 927, an Australian company.