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End User License Agreement

This Mech-Q Software License Agreement (Agreement) contains the terms and conditions under which you are licensed to use this copy of the ASVIC Engineering & Software's  Software programs ("Software"). The content of this Agreement will also affect all proposals made to you to license and upgrade or update this Software. This Software is not authorized for any other use. ASVIC Engineering & Software and authorized ASVIC dealers are approved to provide this license.

 

In accordance with this Agreement "ASVIC" incorporates ASVIC Engineering & Software (Incorporated as Reywood Pty Ltd ACN 073 223 319) The term, "Software" includes the ASVIC Software program supplied on disk media and/or CD-Rom in this package together with the accompanying documentation and hardware lock (if applicable) ASVIC Engineering & Software. is the copyright owner[TRB3]  of the Mech-Q range of Software including the contents of this package. ASVIC confers the User a, perpetual, fully paid up, royalty free, non-transferable license to utilize the Software and documentation conditional to the following information.

 

License Conditions:

All Software usage must be in accordance with the following conditions:

Each licensed Software:

a)  may only be installed on one (1) computer.     

b)  or any part there of may NOT be used or copied on more than one computer at a time.

c)  may be physically transferred from one computer to another, provided the Software is installed on only one computer at a time.

d)  may NOT be used in a network or multi-user system unless a multi-user version has been purchased, and then may only be used by the number of concurrent users permitted in the license that you have purchased.

License Variations
A Site License may be used on all computers belonging to the licensee within a single geographical site.
A National License may be used on all computers belonging to the licensee within a single country or nation.

A Global License may be used on all computers belonging to the licensee globally.

 

Reserved Privileges & Responsibilities:

The Software:

a)  may be copied once only for back-up purposes.

b)  may NOT in part or whole be modified, reverse engineered, decompiled, disassembled, translated, copied (back up copy excluded) or used to create derived works based products.

c)  may NOT be rented, disclosed, published, sold, assigned, leased, sub-licensed, marketed, transferred or used in any other manner not expressly authorized by this Agreement.

d)  may NOT have its proprietary notice, labels or marks removed or altered in any way.

e)  may NOT be used for commercial or other revenue-generating purposes if the Software has been licensed or labeled for educational use only.

f)  may NOT be used with any computer hardware or software designed to defeat any hardware copy-protection device, should the Software you have licensed be equipped with such protection.

 

All software, documentation and legitimate back-up copy made by the User are retained in title and copyright by ASVIC. The User must agree to return to ASVIC within 7 days of termination of this Agreement all Software, documentation and back up copy of the Software. The Software must also be erased from any storage devices. Any unauthorized duplication (constituting copyright infringement*) or copying of the Software and documentation will constitute a failure to comply with the terms and conditions of the Agreement. Such actions will result in the immediate termination of this license. The breach of any terms and conditions contained in the Agreement will result in immediate termination of this license.

*Under the law, infringement of Copyright is punishable via criminal actions. Additionally civil remedies sanction the restoration of certain damages or a consideration of profits based on the sum total of prohibited copies made.

 

Warranties & Liabilities

No express warranties are made by ASVIC in respect to the Software. Within the confines of the law, ASVIC disclaims any expressed or implied warranties specific to the condition and suitability of the Software for a particular role that would otherwise be reserved by law to this Agreement. ASVIC does not warrant that the operation of the Software will be uninterrupted or error-free.

In no event will ASVIC be liable for any damages whether direct, indirect, unique or resultant, including loss of data, lost profits, originating in any kind from the use or inability to use the Software or in respect to the Software's use in accordance with the law.

 

Upgrades and updates:

If this Software is being licensed to you as an upgrade or update to Software previously licensed to you, you must return the Software previously licensed to you and delete any copies resident on your hard-disk drive, return any hardware locks which came with the Software previously licensed to you (if any) within 7 days of the purchase of the license to use the upgrade or update. ASVIC reserves the right to require you to show satisfactory proof that previous copies of the Software have been destroyed.  If the hardware lock is not returned when requested, ASVIC reserves the right to charge you for it.

 

Representations:    

Upon acceptance of this Agreement, the User has placed no reliance on:

a)  representations put forward by the supplier or ASVIC which are not specifically detailed in this Agreement.

b)  statements, representations, or details embodied in any documents including any gazettes or advertising information produced by or on behalf of your supplier or ASVIC.

If these terms and conditions in part or whole are unacceptable to the User, the unused Software (packaging intact) may be returned within 7 days of purchase to the Supplier. Upon production of the proof of purchase, the Supplier will refund the price in full.

 

TERMS OF USE


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

The materials (including but not limited to software, documents, logos, graphics, sounds, images and other items) that are made available by ASVIC Engineering & Software on this site ("Materials") are provided to you only as a convenience and may be used for informational purposes only. By using this site or downloading any Materials from it, you hereby agree to these terms of use. If you do not agree to them, do not use this site or download any Materials from it.

The terms set forth herein apply to all of the Materials, including each individual page on this site.

 

Copyright Information

Copyright Notice:

Copyright © 1995-2018 ASVIC Engineering & Software, 2 7-9 St Andrews Pl. Cronulla NSW 2230 Australia. All rights reserved.

The Materials on this site are protected by copyright laws and international copyright treaties, and may not be copied, distributed, downloaded, modified, posted, published, reproduced, reused, re-posted, uploaded or otherwise used without the express written permission of ASVIC Engineering & Software.

 

Notice Specific To Software Available On This Site:
Any software that is made available to download from this site ("Software") is the copyrighted work of ASVIC Engineering & Software and its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user may not install or use any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER COPYING, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Notice Specific To Documents Available On This Site:
With respect to particular documents (such as white papers, press releases, articles and information sheets) that are made available on this site ("Documents"), you are hereby authorized to view, copy, print and distribute such Documents subject to your agreement that:

Your use is for informational, non-commercial, personal purposes only.

You will not copy or post Documents on any network computer or broadcast Documents in any media.
You will not modify any Documents, nor will you copy or distribute graphics separate from their accompanying text.
You will not quote any Documents out of their context.
You will display the copyright notice set forth above and retain any other copyright, trademark and other proprietary notices and marks contained therein on every copy you make.
ASVIC Engineering & Software reserves the right to revoke such authorization at any time, and you shall immediately discontinue any such use upon written notice from ASVIC Engineering & Software.

This is a license, not a transfer of title. Use for any purpose other than as set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The term "Documents" does not include the design or layout of the www.ASVIC.com site or any other site which is owned, operated, licensed or controlled by ASVIC Engineering & Software . Elements of ASVIC Engineering & Software sites, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or other element from any ASVIC Engineering & Software site may be copied, reproduced, redistributed or retransmitted unless expressly permitted by ASVIC Engineering & Software.

 

Anti-Piracy

ASVIC Engineering & Software actively protects its patents, copyrights, trademarks and other intellectual property rights, and vigorously works with the Software Publisher's Association to combat software piracy worldwide. Copying software is a crime and is punishable in most jurisdictions. If you are aware of someone with illegally copied software, please contact  ASVIC Engineering & Software Legal Department

 

Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AND SOLELY TO THE EXTENT ANY SOFTWARE MATERIALS ARE WARRANTED, IF AT ALL, ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE MATERIALS, ASVIC ENGINEERING & SOFTWARE AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING, CONCERNING THE MATERIALS, INCLUDING THE SOFTWARE AND DOCUMENTS, THE PROASVICN OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE. THE MATERIALS, INCLUDING THE SOFTWARE AND DOCUMENTS, AND REFERENCES TO CORPORATIONS AND THEIR RESPECTIVE SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

ASVIC ENGINEERING & SOFTWARE AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS FOR ANY PURPOSE, AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES THAT MAY APPEAR IN THE MATERIALS OR IN OTHER PUBLICATIONS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS. THE MATERIALS COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MATERIALS, WHICH CHANGES ARE INCORPORATED INTO NEW EDITIONS OF THE MATERIALS. ASVIC ENGINEERING & SOFTWARE MAY MAKE CHANGES AND/OR IMPROVEMENTS TO THE MATERIALS, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. ASVIC ENGINEERING & SOFTWARE MAKES NO COMMITMENT TO UPDATE THE MATERIALS.

ASVIC ENGINEERING & SOFTWARE DOES NOT GUARANTEE THAT SOLUTIONS SUGGESTED IN THE MATERIALS WILL BE EFFECTIVE IN YOUR PARTICULAR SITUATION. IF YOU ARE NOT FAMILIAR WITH ANY OF THE STEPS LISTED IN ANY SOLUTION, ASVIC ENGINEERING & SOFTWARE ADVISES THAT YOU DO NOT PROCEED WITHOUT FIRST CONSULTING ADDITIONAL RESOURCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASVIC ENGINEERING & SOFTWARE OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF SOFTWARE OR DOCUMENTS, THE PROASVICN OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE, HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF ASVIC ENGINEERING & SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Unless otherwise noted, all names of companies, products, street addresses, data, characters and persons contained herein are part of a completely fictitious scenario or scenarios, are designed solely to document the use of a ASVIC Engineering & Software product, and are in no way intended to represent any real individual, company, product or event. Any resemblance to existing individuals, companies, products or events is purely coincidental.

 

Links to Third-Party Sites

THE LINKS IN THE MATERIALS WILL LET YOU LEAVE THE ASVIC ENGINEERING & SOFTWARE SITE. THE THIRD-PARTY SITES WHICH ARE LINKED IN THE MATERIALS ARE NOT UNDER THE CONTROL OF ASVIC ENGINEERING & SOFTWARE AND ASVIC ENGINEERING & SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY SITE. ASVIC ENGINEERING & SOFTWARE IS PROVIDING THESE LINKS TO THIRD-PARTY SITES TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY ASVIC ENGINEERING & SOFTWARE OF SUCH THIRD-PARTY SITE.


Third-Party Products

The mention of third parties and their respective products in the Materials on this site is provided to you only as a convenience, is for informational purposes only and constitutes neither an endorsement nor a recommendation of such third parties or their products. All third-party products must be ordered directly from such third-party or its representatives, and all licenses and warranties relating to such third-party products, if any, are between you and such third party.


Right To Communications

Should you, or any viewer of the Materials, communicate any information, feedback, data, questions, comments, suggestions or other items to ASVIC Engineering & Software regarding the Materials, any such communication shall be deemed not to be confidential and ASVIC Engineering & Software shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. You agree that ASVIC Engineering & Software shall have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or providing services.

 

No Obligations

The Materials on this site may be accessed internationally and may contain references to ASVIC Engineering & Software products, programs and services that are neither available nor planned for availability in your particular country. These references do not imply that ASVIC Engineering & Software intends to announce such products, programs or services in your country, and by referring to such products, programs or services, ASVIC Engineering & Software incurs no obligation to subsequently make them available in such country.

 

Applicable Laws

This site is controlled and operated by ASVIC Engineering & Software from its offices within the state of NSW Australia. ASVIC Engineering & Software makes no representation that the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal is prohibited. Those who choose to access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Australian. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of NSW Australia., except for that body of law dealing with conflicts of law, without reference to the 1980 United Nations Convention On The International Sale Of Goods.


All Rights Reserved

Except as expressly provided herein, nothing in the Materials or on this site confers or is to be construed as conferring, whether by implication,  or otherwise, any license or right under any patent, copyright or trademark of ASVIC Engineering & Software or any third party. Note that any product, process or technology in the Materials may be the subject of other intellectual property rights reserved by ASVIC Engineering & Software, and are not licensed hereunder.

 

Any and all rights not expressly granted herein are reserved by ASVIC Engineering & Software.