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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As an unpublished work.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™
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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.
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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.
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Assignment. You may not assign your rights under this
Agreement.
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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.
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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.
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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.
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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.
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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.
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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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