Toumaz Software License Agreement

© Toumaz Technology Limited 2005

IMPORTANT-READ CAREFULLY: This Toumaz User License Agreement is a legal agreement between you (either an individual or a single entity) and Toumaz Technology Ltd for software downloaded by email or other means from the Toumaz extranet site. This includes any associated components, any media, any printed materials and any electronic documentation ("software"). By downloading, installing, copying, or otherwise using the software, you agree to be bound by the terms of this licence agreement. If you do not agree to the terms of this licence agreement, do not download, install or use the software.

1. DEFINITIONS

"non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organisation.

"commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavours. This includes all Government and Military institutions.

"Licensed version" means a version of Toumaz software that has been licensed for use by a "commercial or non-commercial entity". You are not allowed to distribute or modify it in any way without prior permission.

"license" means the license provided by Toumaz whether supplied free or at a cost.

"license agreement" means this document. This software license agreement is a legal agreement between you (individual or a legal entity) and Toumaz.

2. GRANT OF LICENSE.

The software is licensed, not sold.
  
The licensed software may be used by the number of users indicated in your license agreement or purchase agreement. If the software is installed on a terminal/network server or other storage device, you must purchase a license for each user who uses the software. A license for the software may not be shared by alternating use of the software between different users.
    
Each user may make one copy of the Software on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part.

You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.
    
3. DISTRIBUTION.  You acknowledge that the Software is commercially valuable as the intellectual property of Toumaz Technology Ltd and agree not to distribute or copy this software without prior permission from Toumaz Technology Ltd.

4. RESTRICTIONS.  You may not reverse engineer, de-compile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the software. You may permanently transfer all of your rights under this licence agreement, provided the recipient agrees to the terms of this licence agreement.  You may not use the software to perform any unauthorised transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

5. SUPPORT SERVICES. Toumaz Technology Ltd may provide you with support services related to the software. Use of Support Services is governed by the Toumaz polices and programmes described in the user manual, in online documentation, and/or other materials provided by Toumaz Technology Ltd, as they may be modified from time to time. Any supplemental software provided to you as part of the support services shall be considered part of the software and subject to the terms and conditions of this licence agreement. With respect to technical information, you provide to Toumaz Technology Ltd as part of the support services, Toumaz Technology Ltd may use such information for its business purposes, including for product support and development. Toumaz Technology Ltd will not utilise such technical information in a form that personally identifies you.

6. TERMINATION. Without prejudice to any other rights, Toumaz Technology Ltd may terminate this licence agreement if you fail to comply with the terms and conditions of this licence agreement. In such event, you must destroy all copies of the software.

7. COPYRIGHT. The software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of Toumaz Technology Ltd and you will not acquire any rights to the software except as expressly set forth in this license. You agree that any copies of the software will contain the same proprietary notices which appear on and in the software.

8. NO WARRANTIES. Toumaz expressly disclaims any warranty for the software. The software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or  merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the software remains with you.

10. LIMITATION OF LIABILITY. In no event shall Toumaz Technology Ltd or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the software, even if Toumaz has been advised of the possibility of such damages. In any event, Toumaz Technology Ltd’s liability for any claim, whether in contract, tort, or any other theory of liability will not exceed the greater of us $1.00 or license fee paid by you.

11. MISCELLANEOUS. Should you have any questions concerning this licence agreement, or if you desire to contact Toumaz Technology Ltd for any reason, please contact us.