HearAid Version 5.0

Licence Agreement

Licence Agreement

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Licence Agreement

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HEARSOFT PTY LIMITED

SOFTWARE LICENCE AGREEMENT

You should carefully read the following terms and conditions before installing the software.

By installing the software you indicate your acceptance of these terms and conditions.

HearSoft Pty Ltd or its suppliers own the enclosed software programs (Software) and the documentation, all of which are protected under applicable copyright laws.  Your right to use this software and documentation is limited to the terms and conditions of this Licence.  You assume responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software.

RIGHTS.  HearSoft Pty Ltd grants you the right to use one copy of the Software on a single computer or network server within a single Permanent Site as defined by the Office of Hearing Services; the software can also be loaded onto portable computers that connect to that network.  The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. Hard Disk, CD-ROM, or other storage device of that computer. If you use the Internet or a virtual private network, terminal services, Citrix or some other remote-access software to access HearAid from remote locations such as branch offices or clinics, you must purchase and Additional User Licence for each remote location.

ADDING USERS.  You may add Permanent Site Users by purchasing an Additional Site Licence.

TRANSFERRING THE SOFTWARE.  You may transfer all of your rights to use the Software to another person; provided that you transfer to that person all of the software, diskettes (if applicable), and documentation provided in this package (including this Licence agreement), and transfer or destroy all copies in any form.  Remember, once you transfer the software, you no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this Licence.

UPGRADING THE SOFTWARE.  If you have purchased an upgrade version of the Software, the original product together with the upgrade constitutes a single Licence.  The original Software and the upgrade Software cannot both be available for use by two different people at the same time, and cannot be transferred separately without written permission from HearSoft.

RESTRICTIONS.  You may not rent, lease, lend, copy, modify, sub-licence, time-share, electronically transmit or receive the Software, except as provided in this Licence, or as directed by HearSoft.  You may not translate, reverse engineer, decompile or disassemble or otherwise alter the Software or its documentation.

LIMITED WARRANTY.  HearSoft Pty Limited warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of sixty (60) days from the date of original purchase.  Any implied warranties on the Software are limited to sixty (60) days.  Some states/countries do not allow limitations on the duration of an implied warranty, so the above may not apply to you.

CUSTOMER REMEDIES.  HearSoft Pty Limited and its suppliers' entire liability and your exclusive remedy shall be, at HearSoft Pty Ltd's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet HearSoft Pty Ltd's Limited Warranty and which is returned to HearSoft with a copy of your receipt.  This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication.  Any replacement Software will be warranted for the remainder of the original warranty period.

NO OTHER WARRANTIES.  HEARSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS WMedicareH VARY FROM STATE/COUNTRY TO STATE/COUNTRY.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  IN NO EVENT SHALL HEARSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, EVEN IF HEARSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL.  You may not sub-Licence, assign or transfer the Licence of the Software.  Any attempt to sub-Licence, assign or transfer any of the rights, duties or obligations hereunder is void.

The laws of the State of Victoria, Australia will govern this Agreement.  Should you have any questions regarding this Agreement, you may contact HearSoft by writing to HearSoft Pty Ltd, Post Office, Byrneside, Victoria, Australia.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WMedicareH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

All materials Copyright © 2004 HearSoft Pty Limited, ACN 056 361 927.

All rights reserved.

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