License Agreement


CAPITAL OFFICE BUSINESS SOFTWARE LICENCE AGREEMENT WITH LIMITED WARRANTY

This a legal document and is an agreement between you, the end user, and Capital Office Business Software. By operating this software you are agreeing to become bound by the terms of this Agreement, which includes the SOFTWARE LICENCE, WARRANTY and ACKNOWLEDGEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE SEALED DISK PACKAGE AND DO NOT OPERATE THE SOFTWARE. Promptly return the unopened disk package and the other items (including written materials) which are part of this product to the place where you obtained them for a full refund.

In order to preserve and protect its right under applicable laws, Capital Office Business Software does not sell rights in Capital Office Business Software SOFTWARE. Rather, Capital Office Business Software grants the right to use Capital Office Business Software SOFTWARE by means of a SOFTWARE LICENCE. Capital Office Business Software specifically retains title to all Capital Office Business Software computer software.

CAPITAL OFFICE BUSINESS SOFTWARE LICENCE.

1. GRANT OF LICENCE. In consideration of payment of the LICENCE fee which is part of the price you paid for this product, and your agreement to abide by the terms and conditions of this Licence and the Warranty, Capital Office Business Software, as Licensor, grants to you, the LICENSEE, a non-exclusive right to use and display this copy of a Capital Office Business Software software program (hereinafter the "SOFTWARE") on a single COMPUTER (i.e., with a single CPU) at a single location or on a single network of interconnected computers at a single location only so long as you comply with the terms of this Licence. Capital Office Business Software reserves all rights not expressly granted to LICENSEE.

2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you do not own the written materials enclosed or magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this License is that Capital Office Business Software retains title and ownership of the written materials, original disk and the SOFTWARE recorded thereon as well as all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This Licence is not a sale of the original SOFTWARE or any copy.

3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are the subject of copyright. Unauthorised copying of the SOFTWARE is expressly forbidden. You may make one (1) copy of the SOFTWARE solely for backup purposes.

4. TERMINATION. This Licence is effective until terminated. This Licence will automatically terminate without notice from Capital Office Business Software if you fail to comply with any provision of this Licence. Upon termination you shall destroy the written materials and all copies of the SOFTWARE.

LIMITED WARRANTY.

This Agreement is governed by the laws of the State of NSW and shall benefit Capital Office Business Software, its successors and assigns. LICENSEE consents to jurisdiction in the state and federal courts located in the state of NSW.

(a) If within ninety (90) days from the date if delivery of the SOFTWARE as evidenced by the copy of the dealer receipt LICENSEE notifies Capital Office Business Software of a defect on the SOFTWARE (not caused by use, abuse, accident or misapplication) Capital Office Business Software shall at its discretion either

 (i) return the purchase price; or

 (ii) replace the SOFTWARE

In the event of replacement of the SOFTWARE the replacement will be warranted for the remainder of the original warranty period of thirty (30) days whichever is longer.

(b) To the full extent permitted by the State or Territory law or laws applicable to this Agreement, any condition or warranties imposed by such legislation are hereby excluded. Insofar as liability under or pursuant to any legislation whether of State, Territory or Commonwealth, may not be excluded, such liability is limited to:

 (i) replacement of the SOFTWARE

 (ii) correction of defects in the SOFTWARE at the

       exclusive option of Capital Office Business Software.

(c) The LICENSEE acknowledges that no promise, representation or warranty or undertaking has been made or given by Capital Office Business Software or any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying written materials or as to its merchantability or fitness for any purpose or purposes and LICENSEE has relied upon LICENSEE's own skill and judgement deciding to acquire the SOFTWARE and any accompanying written materials for use by LICENSEE. This Agreement constitutes the entire agreement and understanding between the parties in relation to the supply of SOFTWARE and any accompanying written materials to the LICENSEE.

(d) Except as and to the extend that is hereinbefore provided, under no circumstances shall Capital Office Business Software or any related company be liable for any loss, damage or injury (including without limitation any loss of profit indirect, consequential or incidental loss, damage or injury) arising from the supply or use of the SOFTWARE and any accompanying written materials or any failure by Capital Office Business Software to perform an obligation or observe any terms of this Agreement.

Should you have any questions concerning this Agreement or this Limited Warranty please contact in writing: Capital Office Business Software, P.O. Box 341, Maroubra Junction, NSW 2035, AUSTRALIA.



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