End User License Agreement

This license agreement (the "Agreement") is entered into between you, as 
a private person or a company (the "Licensee") and YesLogic Pty Ltd, an 
Australian corporation, having its registered address at 7 / 39 Bouverie 
Street, Carlton, VIC 3053, Australia ("YesLogic"). By installing, 
copying or otherwise using all or any portion of the Prince formatter 
(the "Software") the Licensee agrees to be bound by the terms of the 
Agreement.

1. LICENSE

Subject to the terms of this Agreement, YesLogic Ltd hereby grants to 
Licensee a non-exclusive, non-transferable, non-sublicensable and 
limited license only to install and use one copy of the Software on up 
to the number of computers or servers as authorized in this Agreement.

If this is a Personal license or a Professional license, Licensee may 
download, install and use the Software on a single computer for 
Interactive use by a single user. Also, a Personal or Professional 
license may be used for evaluation purposes on a server.

If this is a Server license, Licensee may download, install and use the 
Software on a server that is accessible to any number of end users. 
Additionally, Licensee may download, install and use the Software on 
another server which is only used for testing and development purposes.

If this is an Academic Server license, Licensee may download, install 
and use the Software for Academic purposes on a server that is 
accessible to any number of end users. Additionally, Licensee may 
download, install and use the Software on another server which is only 
used for testing and development purposes.

If this is an OEM license, Licensee may download, install and use the 
Software according to a separate agreement.

2. DEFINITIONS

"Software" means: a) the Prince formatter included third party software 
files and other information and b) upgrades, updates and additions to 
such provided to you by YesLogic Ltd, to the extent not provided under a 
separate agreement.

"Academic purposes" means the production of dissertations, papers, 
lecture notes, hand-outs and similar documents or publications of 
academic character for distribution on the Web, at lectures, or through 
university bookstores or similar academic channels that are not of a 
strictly commercial character. A university press run on commercial 
terms is considered to be strictly commercial.

"Interactive use by a single user" means that all processing performed 
by the Software is initiated by a local human user. The Software may not 
be part of a web application or other server software.

3. LIMITATIONS AND RESTRICTIONS

The following shall apply in addition to the limitations and 
restrictions set forth elsewhere in this Agreement:

Licensee shall not modify, adapt, translate or create derivative works 
based upon the Software. Licensee shall not reverse engineer, decompile, 
disassemble or otherwise attempt to discover the source code of the 
Software.

Licensee shall not allow third parties to use the Software for 
commercial service offerings to its own end users. Application service 
providers (ASPs), integrators and value-added resellers (VARs) of all 
kinds must enter into a separate VAR licensing agreement for such 
purposes.

Licensee shall not reproduce, distribute, resell, rent, lease or 
disclose the Software in any manner to a third party.
Licensee shall not transfer any of its rights under this Agreement 
without the express written consent of YesLogic.

If this is a Personal license, PDF documents generated by the Software 
include a message that identifies the Software and the license type. 
Licensee shall not change or remove this message.

4. SUPPORT AND MAINTENANCE

YesLogic will provide the following support and maintenance services 
(the "Services") free of charge for a period of 12 months following the 
date of this Agreement:

a. E-mail support: YesLogic will attempt to respond to technical 
questions made by the Licensee by email within a reasonable period of 
time.

b. Upgrades: YesLogic will attempt to distribute upgrades to the 
Software on a regular basis. Installation and use of such upgrades will 
be governed by the terms of this Agreement.

Following the initial 12 month period, the same Services will be 
available to Licensee against payment of a separate support and 
maintenance fee.

This Clause 4 does not apply if this is a Personal license.

5. INTELLECTUAL PROPERTY RIGHTS

YesLogic and its suppliers are the owner of all intellectual property 
rights relating to the Software and the Services. These rights are 
protected by intellectual property legislation in Australia and other 
jurisdictions and by international treaty provisions. YesLogic and its 
suppliers retains all rights in the Software and the Services that are 
not expressly granted to the Licensee through this Agreement.

Licensee is not allowed to remove, alter or destroy any proprietary, 
trademark or copyright markings or notices placed upon or contained with 
the Software.

6. PRIVACY

The Licensee grants YesLogic the right to store contact details and 
other related information in order for YesLogic to contact the Licensee 
occasionally regarding the Software. YesLogic will not use contact 
details and other related information for any other purpose.

7. TERM AND TERMINATION

The Agreement and the licensing rights provide to the Licensee shall 
continue for an indefinite term. Without prejudice to any other rights, 
YesLogic may terminate the Agreement if the Licensee fails to comply 
with the terms and conditions of this Agreement.

8. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YESLOGIC DISCLAIMS ANY WARRANTY 
FOR THE SOFTWARE AND THE SERVICES. THE SOFTWARE, THE SERVICES AND ANY 
RELATED DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY 
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE OR THE SERVICES.

9. CUSTOMER REMEDIES

The entire liability for YesLogic, and the exclusive remedy for the 
Licensee, under this Agreement shall be, at YesLogic's option, to either 
(a) return the price paid for the Software, or (b) replace the Software.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YESLOGIC OR 
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR 
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES 
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 
INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR ANY OTHER PECUNIARY 
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE 
SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by and construed in accordance with 
Norwegian law. Any dispute arising under or in connection with this 
contract shall be referred to arbitration pursuant to the Norwegian 2004 
Arbitration Act. Each Party shall appoint one arbitrator and the two 
arbitrators shall appoint the third arbitrator who shall be the chairman 
of the arbitration tribunal. The chairman shall be a Norwegian legal 
professional. If one Party fails to appoint an arbitrator within one 
month from being requested to do so or if the two arbitrators can not 
within one month from the last appointment agree on who shall be 
appointed chairman, the Chief Justice of Oslo District Court shall be 
the appointer. The venue of the arbitral proceedings shall be in Oslo, 
and the proceedings shall be conducted in the English language. The 
arbitration is deemed to be commenced when request for arbitration is 
being sent from the Party requesting arbitration. The Parties agree to 
conclude a separate agreement on confidentiality of both the arbitral 
proceedings and the award immediately after arbitration has been 
requested.

Copyright © 2002-2007 YesLogic Pty. Ltd.
