1. Term Licencing Agreement
Please read the Term Licence Agreement below, and only if you agree, then click the next button.
Proview Term Licence Agreement ------------------------------ Proview Pty Limited ACN 003 028 019 ("Proview") of Level 2, 515 Kent Street, Sydney, New South Wales, Australia hereby grants a non-exclusive licence to use that part of The Proview Charting Support System("The Proview System") as is hereafter defined upon the terms and conditions contained in this Agreement. DEFINITION For the purposes of this Agreement the Proview System shall comprise of the data base (to be agreed) and such software, manual and support to enable the user to use the Proview System. TITLE Title to the Proview System remains with Proview. The products are agreed to be Proview's Proprietary information and trade secrets, whether of not any portion thereof may be validly copyrighted or patented. The user rights in and to the Proview System may not be assigned, licenced, pledged or otherwise transferred without the prior written consent of Proview. NON DISCLOSURE The user shall take reasonable steps to ensure that the Proview System on magnetic tape or disc or in any other form, are not copied or made available to any other person, firm or corporation. GOVERNING LAW and JURISDICTION This Agreement is governed by the law in force in New South Wales and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any other courts of appeal from them. TERM and TERMINATION The term of this Agreement shall be for a minimum period of 3 months, and shall remain in force thereafter unless terminated by either party giving to the other at least 1 month written notice of its intention to terminate. If this agreement is terminated for any reason, the user's copy of the Proview System together with any other copies of the Proview System obtained or made by the user pursuant to this Agreement shall be returned forthwith to Proview, or destroyed. DISCLAIMER To the full extent permitted by the State of Territory law or laws applicable to this Agreement, any conditions and 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: (1) Replacement of the Proview System; (2) Refund of the licence fee at the option of Proview. Other than set out above Proview will not be held liable for any omissions or errors in the data provided. Proview will not be held liable or accountable for any trading losses, damage or injury (including with limitation any loss of profit indirect or consequential loss, damage or injury) incurred by the user resulting from the use of the Proview System. Proview shall not be held liable for any loss suffered by the user, or any other person arising from the transmission or use of the data, whether from negligence or otherwise. The user acknowledges that Proview has made no promises or representations as to the profitability or otherwise to be obtained from the use of the Proview System, and that the user will rely on his/hers/its own skills and judgement. LOCAL AREA NETWORKING The user may network the Proview System subject to the payment of a licence fee for each additional personal computer using the Proview System By installing the Proview software and keeping the product, you are confirming that you have purchased Proview subject to this License and are bound by its provisions. By clicking the next button you will have thereby agreed to accept this licence agreement. For and on behalf of Proview Pty. Ltd.:- Richard Cook (Director)