SOFTWARE PRODUCT LICENCE
1. Ownership of Intellectual Property
PMc Software ("the Company") has developed and is the owner of all trade secrets, copyrights, processes or other intellectual property in the designs and software for the Voicemail Master System ("Voicemail Software").
2. Grant of Licence
The Company grants to the purchaser of the Voicemail Software the right and entitlement to use the Voicemail Software in accordance with the software specifications in conjunction with the Panasonic Voicemail system. By purchase and use of the Voicemail Software, the Licensee acknowledges and accepts the terms of this licence. Once the software is registered the user is bound to the use of the VoiceMail Software to the Computer that is registered. If that Computer is replaced the Company may issue a new licence key at the Companies discretion.
3. Use of Voicemail Software
The parties acknowledge that the Voicemail Software is licensed and not sold to the Licensee and that at all times the intellectual property right referred to above continue to be held by the company. The Licensee acknowledges that the Voicemail Software is protected by Australian Copyright Law and International Treaty Provisions. The Licensee may not copy, sell, lease or sub-licence the Voicemail Software or use or market the Voicemail Software for any purpose other than that permitted by the Company. During the term of this licence or after its termination, the Licensee will not disclose any confidential material in respect to the Voicemail Software without first obtaining the written consent of the Company and the Licensee will take such steps as may be necessary to ensure that any of its employees or agents do not disclose such confidential material.
4. Product Support
The Company will provide product support via Email or Fax in respect to the Voicemail Software. Product upgrades will be released from time to time but The Company is not bound to do this.
5. Limitation of Liability
In respect to the provisions of the Trade Practices Act and any similar State or Territory laws (to the extent that liability may not be excluded) to the maximum extent permitted by law, liability in respect to any matter arising from the use of the Voicemail Software is limited at the exclusive option of the Company to either:-
(a) replacement of the Voicemail Software;
(b) correction of defects in the Voicemail Software; or
(c) payment of the costs of having defects in the Voicemail Software rectified.
6. Exclusion of Liability
The Licensee acknowledges that no promise, representation, warranty or undertaking has been given by the Company in respect to the profitability or any other consequences or benefit arising from the use of the Voicemail Software. The Licensee has relied on its own skill and judgment in the acquisition of the Voicemail Software. The Company shall not be liable for damages other than as referred to in this Agreement (including damages for loss of business or business interruption) arising out of the use or inability to use the Voicemail Software.
The Company may terminate this agreement without prior notice in the event that the Licensee fails to comply with the terms and conditions of this Licence Agreement. On termination of this Agreement the Licensee shall destroy all copies of the Voicemail Software in its possession and shall not thereafter use or utilise the Voicemail Software.