Please read this software license agreement (“license”) carefully before installing or using the software. This license is an agreement between you and Lasu Apps and governs your use of the software (as defined below).
By installing and/or using the software, you agree to be bound by the terms of this license.
If you do not agree to the terms of this license, you may not install or use the software but should promptly return the software to the place where you obtained it for a refund.
1. License
The software, any documentation and other materials (if any) accompanying the software whether provided on a separate storage media, in read only memory or by means of any other media (collectively “Software”) are licensed, not sold, to you for use only pursuant to the terms and conditions of this License. You own the media (if any) on which the Software is provided by Lasu Apps but Lasu Apps and/or Lasu Apps’s licensor(s) retain any and all right, title and interest in and to the Software.
Your rights under this License will terminate automatically and without notice from Lasu Apps if you fail to comply with any terms and conditions hereof or if the License is otherwise terminated by Lasu Apps as provided for in this License.
2. Grant of use rights to the Software
2.1 Grant of use rights to the Software
Subject to your compliance with this License including without limitation the restrictions and limitations set out in this Section 2 and Section 3, Lasu Apps hereby grants to you a limited and non-exclusive right to install and use the Software solely for your own internal purposes.
The rights granted to you are personal and non-transferable for your internal use only and further depends on the version of the Software for which you have acquired a License as further detailed below.
Notwithtanding anything to the contrary set out below, you are only entitled to use Software installed following activation hereof using legitimate activation codes issued by Lasu Apps.
2.2. Trial License for Lasu Apps Software
If the License acquired is a trial license, and provided that a trial version is made available by Lasu Apps and irrespective of the version of the Software, a trial license allows for installation and use of the Software on a non-perpetual basis. You may use a copy of the trial version of the Software (comprising the trial version of the programs and any accompanying documentation), for evaluation/trial purposes only for a maximum period of 14 days following the date of installation. If you wish to continue to use the Software after expiry of the said 14 days trial period you must pay the license fee and obtain a full License. For details of payment, please refer to the purchase information as provided with the Software or visit our website at lasuapps.com. When Lasu Apps has received payment you will receive a license number, with which you can unlock any locked or disabled functionality in the trial version of the Software.
2.3 Perpetual licenses for Lasu Apps Software
If you have acquired licenses to a version of Lasu Apps software which are of a perpetual nature your right to install and use the Software is – in addition to and without limiting any other terms and conditions set out in this License – subject to the following additional restrictions and limitations with respect to installation and use of Lasu Apps software (as the case may be) depending on the Software and version hereof licensed by you:
2.3.1 Single user licenses for Lasu Apps Software
If the License acquired is a single user license for Lasu Apps Software, it allows for one user to use it at a time. The software must not be activated in such a way that a unique license code allows more than one user to use the software concurrently.
The software may be installed on more than one computer at a time and the license may require deactivation on one computer before activation is possible on another.
2.3.2 Multi-user licenses for Lasu Apps Software
If the License acquired is a multi-user license for Lasu Apps Software it allows for installation of the Software on a number of computers up to the maximum number of permitted users acquired and the number of concurrent users must never exceed the maximum number of permitted users acquired pursuant to the multi-user license.
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2.4 Subscription License for Lasu Apps Software
The only version of Lasu Apps software made available on a subscription license basis is Lasu Apps software licensed in single user or multi-user mode. Such subscription licensed versions of Lasu Apps software are subject to the following restrictions and limitations in addition to any other limitations and restrictions set out in this License.
When the License concerning Lasu Apps software is purchased on a subscription and thus non-perpetual basis your right to install and use the Software on your computers will be strictly limited in time to the applicable subscription period chosen and paid for by you.
Your right to install and use the Software will terminate automatically and without notice upon expiration of the subscription period and the Software cannot be executed on your computers upon expiration of the subscription period nor will you be able to process any data processed and/or stored via the Software following expiration of your subscription period.
2.4.1 Single user subscription licenses for Lasu Apps software
If the License acquired is a single user license for Lasu Apps Software, it allows for one user to use it at a time. The software must not be activated in such a way that a unique license code allows more than one user to use the software concurrently.
The software may be installed on more than one computer at a time and the license may require deactivation on one computer before activation is possible on another.
2.4.2 Multi user subscription licenses for Lasu Apps software
If the License acquired is a multi-user license for Lasu Apps software it allows for installation and use of the Software on a number of computers up to the maximum number of permitted users acquired and the number of concurrent users must never exceed the maximum number of permitted users acquired pursuant to the multi-user license.
3. Restrictions and limitations
3.1 Except as permitted by applicable mandatory law you may not (i) decompile, reverse engineer, or disassemble the Software; (ii) modify, rent, lease, loan, distribute, sublicense, create derivative works of, communicate and/or make the Software available to the public; (iii) let any third party access, install and/or use the Software for any purpose including without limitation any outsourcing, hosting, business process outsourcing or any other arrangements pursuant to which any third party accesses, installs and/or uses the Software for any purpose.
3.2 To use the Software on a subscription basis you must have and maintain an Internet connection allowing for communication between your equipment and Lasu Apps’ equipment via the Internet for the purpose of Lasu Apps being able to validate and reconfirm your valid subscription License including payment of applicable subscription license fees from time to time during the subscription period. You are solely responsible for establishing and maintaining an Internet connection throughout the subscription period including paying all costs incurred in this respect.
3.3 You may not use the Software in any application or situation where any failure of the Software could lead directly or indirectly to death, personal injury, or severe physical or environmental damage, including without limitation using the Software for controlling the operation of equipment in any nuclear facilities; aircraft navigation, communications or flight control systems; air traffic control systems; mass transit systems; applicable medical equipment; or weapons systems.
3.4 Lasu Apps may apply technical protection measures of whatsoever nature to ensure compliance e.g. for the purpose of ensuring that specific versions of the Software may be used only following application of activation codes for specific versions of the Software issued by Lasu Apps to you in connection with your acquisition of a given License.
3.5 This License only grants you limited rights to install and use the Software and Lasu Apps reserves all rights not explicitly granted.
4. New versions, releases, updates, patches, fixes etc.
Lasu Apps may from time to time to be decided in the sole discretion of Lasu Apps release new versions, releases, updates, patches, fixes etc. to the Software.
To support the general performance of the Software, Lasu Apps suggests that you install and use such new versions, releases, updates, patches, fixes etc. to the Software to the extent released by Lasu Apps. Installation and use of the aforesaid may require that separate license fees are paid and that additional terms and conditions are accepted by you.
Lasu Apps may collect information concerning your use patterns for the purpose of obtaining general analytical statistical data of usage to be used in connection with further development etc. of the Software. The collection of such data will be completely anonymous.
5. Limited Warranty on Media
Lasu Apps warrants that the physical media on which the Software is provided (if provided on a physical media) is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Lasu Apps’s option (i) a refund of the purchase price for the Software; (ii) provision of a non-defective replacement media to be decided by Lasu Apps containing an exemplar of the Software or (iii) procurement of a right to you to download a copy of the Software. This limited warranty on the media is limited in duration to ninety (90) days from the date of your purchase.
The limited warranty set forth herein is exclusive and in lieu of all other warranties, whether oral or written, express or implied. To the maximum extent permitted by applicable law, Lasu Apps thus specifically disclaims all other warranties not explicitly stated.
6. Disclaimer of Warranty on Software
You expressly acknowledge and agree that use of the Software is at your sole risk.
The Software is provided “AS IS” and without warranty of any kind and Lasu Apps expressly disclaims all representations and warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Lasu Apps does not warrant or make any representations regarding the use of or the results of use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Lasu Apps or its authorized representative shall create a warranty. Should the Software prove defective, you (and not Lasu Apps or a Lasu Apps authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion so this limitation may not apply to you.
7. Limitations and Exclusions of Liability
Lasu Apps disclaims and shall not be liable for any loss by you including without limitation any loss of goodwill, consequent losses, business interruption, loss of data, corruption of data, loss caused by non-availability of the Software or incorrect information in the Software, operating loss, loss of profits or any other indirect economic losses and irrespective of the basis and nature of the liability. You agree to indemnify Lasu Apps for any loss by a third party arising from reliance upon products, documents, electronic files or services provided by or through you that may be attributable to the use of Lasu Apps software.
The liability of Lasu Apps shall in any circumstances and in addition to any other limitations and exclusions of liability be limited to a total aggregated amount equal to the fee paid by you for the License to the Software and irrespective of the basis and nature of such liability. Some jurisdictions may not allow this limitation of incidental, consequential or other damages so this limitation may not apply to you.
8. Termination
Notwithstanding anything to the contrary set out in this License, Lasu Apps may terminate this License with immediate effect upon serving written notice to you in the event of: (i) an intellectual property infringement claim relating to the Software from any third party if Lasu Apps assesses in its sole discretion that Lasu Apps is unable to remedy the infringement by working around such infringement or by obtaining the required license rights on commercial reasonable terms; or (ii) your breach of this License. The aforesaid shall apply irrespective of whether the Software is licensed on a perpetual or non-perpetual basis.
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10. Third Party Software
The Software may include certain third party software. Such third party software may be subject to and governed by separate third party license terms and you accept such third party license terms when you install or use the Software.
You agree that third party software licensors are third party beneficiaries and thus may rely in their sole discretion on their applicable third party software license terms instead of and/or in addition to the terms of this License. If separate third party software license terms are not referenced in the license, the third party software licensor may in its sole discretion decide to rely on the terms and conditions set out in this License.
Without limiting the generality of any other provisions of this License, Lasu Apps may at any time request that you discontinue use and delete any third party software components (or portions hereof) with immediate effect upon Lasu Apps’s notice to you in this respect, if Lasu Apps assesses in its sole discretion that Lasu Apps’s right to include the third party software components is or may be cancelled, withdrawn or terminated for whatever reason. You agree not to take any actions that may prevent or otherwise impair any such third party software licensors’ exercise of their rights to such third party software.
11. Controlling Law, Venue and Severability
This License shall be governed by the laws Australia save that any rules concerning choice of law and venue and the UN Convention on Contracts for the International Sale of Goods (“CISG”) are explicitly excluded and will not apply.
Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the ordinary Australian courts. The aforesaid shall not in any manner limit Lasu Apps’ access to utilize any preliminary remedies available in connection with enforcement of Lasu Apps’ rights including seeking grant of a preliminary injunction and/or securing of evidence in any applicable jurisdiction.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the terms and conditions of this License shall continue in full force and effect.
12. Entire Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such matter. No amendment to or modification of this License will be legally valid and binding unless in writing and signed by Lasu Apps. Lasu Apps may however amend the terms and conditions of this License applicable to the Software in connection with any new update, patch, fix, release or version of the Software (if any).