DVL Software Limited
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DVL Software -- Licensing

License Overview

The software is licensed to a single name, be that a company, organization, or an individual.  Each license has a unique number.  If you wish the license to be in a name other than that provided with the order, please email us so that we may accommodate your wishes.

Privacy Issues

Software License Agreement

This Agreement is a license agreement between you and DVL Software Limited for the use of the enclosed software (the "Software").  The Software is protected by both New Zealand and International copyright law.  Therefore, you must treat this license and the Software just like a book, with the following exceptions: you agree, pursuant to the license, not to rent or lease the Software in any form.  In addition, you may not make any copies of the Software, except that you may make one archival copy of the Software for the sole purpose of backing you your Software and protecting your Investment from loss.  This copy must include all copyright notices on the Software.   By saying "just like a book", DVL Software Limited means that the Software may be used under the license by any number of people, and may be freely moved from one computer location to another so long as there is no possibility of its being used at one location while it is simultaneously used at another.  For example, just as a book cannot be read by two Different people in two different places at the same time, neither can the Software be used by used (without violating this agreement) by two different people in two different places at the same time.

This license is not a sale.  Title and copyrights to the Software, accompanying Documentation and any copy made by your remain with DVL Software Limited.   Unauthorized copying of the Software or the accompanying Documentation or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to DVL Software Limited other legal remedies.  Upon termination of this license, you must return all copies of the Software to DVL Software Limited and erase any copies from your hard disk.

Permitted uses

You may operate the Software on a single computer or on a single workstation on a network provided you do not exceed the number of "nodes" shown on this license agreement.  Additional Nodes or workstations utilizing the Software must be licensed by DVL Software Limited.  The network version may be used on multiple computers that are connected by direct cable to the same network server. 

Uses not permitted

You may not:

Software limited warranty

The warranty applies to the Software, the use of which is hereby licensed, the media on which it is supplied, and the Documentation supplied with it.  DVL Software Limited warrants for thirty (30) days from the date of delivery that the media on which the Software is supplied will be free from any defects described in the Documentation, when used on the supported hardware and system software listed on this Software package, provided such hardware and system software is in good working order.  If you use this Software on anything but the supported hardware and system software listed on the back of this package, you do so at your own risk.  DVL Software Limited does not give any warranty (express or implied) that the Software will work under those conditions.   Memory resident or "pop-up" programs, being part of the operating environment, constitute system software for this purpose; DVL Software Limited cannot warranty compatibility with any such program.  DVL Software Limited's entire liability and your exclusive remedy under this warranty (which is subject to you returning the Software to DVL Software Limited or an authorized dealer with a copy of your receipt) will be, at DVL Software Limited's option, to attempt to correct or help you around errors with efforts which DVL Software Limited believes suitable to the problem to replace the Software with functionally equivalent software or diskettes, as applicable, or to refund the purchase price and terminate this Agreement.

Except for the prior express limited warranties, DVL Software Limited makes, and you receive, no warranties, express, implied statutory or in any communication with you and DVL Software Limited specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.  DVL Software Limited does not warrant that the operation of the software will be uninterrupted or error-free.  Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you.   This warranty gives you specific legal rights.  You may also have other rights which vary from state to state.

Limitation of liability

In no event will DVL Software Limited be liable for any damages, including loss of data, lost profits, cost of cover or other special incidental consequential or indirect damages arising from the use of the software or accompanying documentation, however caused and on any theory of liability.   This limitation will apply even if DVL Software Limited or any authorized dealer has been advised of the possibility of such damage.   You acknowledge that the license fee reflects this allocation of risk.  Some states do not allow limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. 

General

This agreement will be governed by New Zealand law and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.  This agreement is the entire agreement between us and supersedes any other communication or advertising with respect to the program and accompanying Documentation.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  

International Sales

If you purchase this product in any country other than New Zealand, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including Notices, have been and shall be drawn up in the English language only.


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This page last updated: Wednesday, 23 February 2000
Copyright 1997, 1998, 1999, 2000 DVL Software Limited.  All rights reserved.