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Function Point WORKBENCH™ - Licence Agreement

FUNCTION POINT WORKBENCH™
Copyright (1993 - 2010) CHARISMATEK Software Metrics
As an unpublished work. All Rights Reserved.

The following downloadable software is provided under a Software Licence Agreement. Please read it thoroughly. In summary, you may not make copies of the software except as specifically permitted under the Software Licence Agreement. You may use the software only on a single computer and may only allow the licensed number of LAN users/workstations to have access to the software on this computer.

Note: Unauthorised use of the software or the related materials can result in civil damages and criminal penalties.

This software is provided for an evaluation period at no charge. CHARISMATEK Software Metrics makes no warranty, express or implied, to you or any other person or entity. We will not be liable for incidental, consequential, or other similar damages. In no event will our liability for any damages ever exceed the price paid for the licence to use the software, regardless of any form of the claim.

FUNCTION POINT WORKBENCH™ is a trademark pack and CHARISMATEK Software Metrics is a registered trademark.

End User Licence Agreement For FUNCTION POINT WORKBENCH™

  1. Scope of Use. You may use the FUNCTION POINT WORKBENCH™ on one single central processing unit. This central processing unit may be a stand-alone single computer OR a SINGLE file server in a local area network provided also that the total number of workstations in use at any one time do not exceed the total number of registered LAN licences as listed with your licence number.

     

  2. Proprietary Rights and Obligations. The structure and organization of the Software are the valuable property of CHARISMATEK Software Metrics and its suppliers. You will not make or have made, or permit to be made, any copies of the Software, documentation, or any portions thereof, except one (1) copy solely for backup purposes or such copies as are necessary for the installation of the Software in accordance with the terms of this Agreement. Any such copies of the Software shall contain the same proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software.

     

  3. Assignment. You may not assign your rights under this Agreement.

     

  4. No Other Rights. CHARISMATEK Software Metrics and its suppliers retain title and ownership of the Software, the media on which it is recorded, and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark.

     

  5. Term. The licence is effective until terminated. CHARISMATEK Software Metrics has the right to terminate your licence immediately if you fail to comply with any term of this Agreement. Upon any such termination you will destroy the original and any copies of the Software and related documentation and cease all use of the trademarks.

     

  6. Limited Warranty. The software is provided ‘as is’ without warranty of any kind. The entire risk as to the results and the performance of the program(s) is assumed by you. Should the program(s) prove defective, you (and not CHARISMATEK Software Metrics or its dealers) assume the entire cost of all necessary servicing or correction. Further, CHARISMATEK Software Metrics does not warrant, guarantee or make any representations regarding the use of, or the results of the use of, the program(s) in terms of correctness, accuracy, reliability, currentness or otherwise and you rely on the program and the results solely at your own risk. CHARISMATEK Software Metrics does warrant the media on which the program(s) is furnished to be free from defects in material and workmanship. The media on which the program is furnished will be replaced without charge if CHARISMATEK Software Metrics, in good faith, determines that it is defective (not subject to misuse) and provided that it is returned to CHARISMATEK Software Metrics within ninety(90) days of licensing. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CHARISMATEK SOFTWARE METRICS BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CHARISMATEK MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Some states or provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province.

     

  7. Limit of Liability. (a) IN NO EVENT WILL CHARISMATEK SOFTWARE METRICS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY ANY PARTY, EVEN IF A CHARISMATEK SOFTWARE METRICS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

     

  8. Governing Law. This Agreement will be governed by the laws in force in the State of Victoria, Australia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

     

  9. Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT, UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH CHARISMATEK SOFTWARE METRICS WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CHARISMATEK AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF CHARISMATEK SOFTWARE METRICS’S LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST CHARISMATEK SOFTWARE METRICS UNLESS CHARISMATEK SOFTWARE METRICS GIVES ITS EXPRESS CONSENT IN WRITING SIGNED BY AN OFFICER OF CHARISMATEK SOFTWARE METRICS.

 

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CHARISMATEK Software Metrics Pty Ltd, ABN 47 058 381 990, 175 Dorcas Street, South Melbourne, VIC 3205, Australia
Telephone: +61 (0) 3 9696 1255, Facsimile: +61 (0) 3 9696 1204, Email:
info@charismatek.com, Web: www.charismatek.com, News: www.charismatek.com/rss/workbench.xml