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Janus Astrology Software License Agreement (demonstration version)

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.

Downloading and using the demonstration version of the Janus Astrology Software constitutes the Licensee's acceptance of the following terms. If you do not agree to the terms of this agreement, do not install and/or use this software. Any use of this software is conditional upon compliance by the Licensee with the terms of this agreement.

DEFINITIONS

For the purposes of this agreement the following definitions shall apply:

The "software" means demonstration version of the Janus Astrology Software

The "Licensor" means Astrology House of 147A Centreway Road, Orewa 1461, New Zealand.

The "Licensee" means the company, entity, or individual whom downloads and uses the software.

"you" means the Licensee

"use" means storage, installation, execution or display of the demonstration version of the Janus Astrology Software or utilization of the interpretation texts and data or calculations produced by the software in way shape or form including electronic or printed

"system" means a single computer system and/or terminal

"data files" means those files consisting of information or data that the Licensee may make while using the software.

"module" a part of the software which performs a specific function or functions

GRANT OF LICENCE

Upon payment for a CD ROM and/or delivery charges imposed by the Licensor and upon completing the Janus Questionnaire or in the alternative upon completing the Janus Questionnaire and downloading the software from the Internet at the Licensee's own expense the Licensee hereby agrees to abide by the terms of this Licence, the Licensor and or its successors grants to the Licensee a non-exclusive, non-transferable license to use the software on a system subject to the following terms and conditions. This License is not transferable to any other hardware product system or other company entity or individual without the express permission of the Licensor.

This License and all rights hereby conferred on the Licensor shall expire in sixty (60) days from the date when the Licensee downloads and/or installs the software.

The License is for the use of the software for demonstration purposes only.

Where no monetary payment is made for the software this License is granted in consideration of the Licensee completing the Janus Questionnaire.

END USER RESPONSIBILITY

It is the Licensee's responsibility to determine whether the software meets your particular requirements and is suitable for use on the intended equipment. The Licensee is also responsible for downloading and installing the software.

OWNERSHIP

The software is owned by Mark Griffin Hamish Saunders Angela Thomas their successors assignees or contractual partners agents or representatives who retain title to any written materials whether in electronic or hardcopy form, any original CD ROM and floppy disc used for installing the software or any copy of the software downloaded from the Internet by the Licensee whether in whole or in part.

Mark Griffin Hamish Saunders Angela Thomas their successors assignees or contractual partners agents or representatives retain exclusive title to all copies made of the software in whatsoever form or in whatsoever media. This license confers no title ownership in the software and should not be construed as a sale of any right in the software.

COPYRIGHT TRADE MARK PATENT AND INTELLECTUAL PROPERTY RIGHTS

New Zealand copyright law and international treaty provisions protect this software. The Licensee acknowledges that no title to the intellectual property in the software is transferred to you. The Licensee further acknowledges that title and full ownership rights to the software will remain the exclusive property of Mark Griffin, Hamish Saunders and Angela Thomas or the suppliers partners or agents of the Licensor and you will not acquire any rights in or to the software except as expressly set forth in this license.

The Licensee acknowledges that all trademarks trade names service marks copyright patents and any other intellectual property rights incorporated or embodied in or connected with the software are the sole property of the respective copyright owners.

INSTALLATION AND REPRODUCTION RIGHT

The Licensee may install each part or module of the software once only onto a permanent storage media of a system and may only save data files onto a backup media and only transiently install the whole or any part of the software onto the temporary storage of the Central Processing Unit of the said system in connection with the use of the software. The Licensee may not exchange copy or reproduce the software with or for third parties without the express permission of the Licensor.

Upon expiry or termination of this License, the Licensee is forbidden to download and/or install an additional copy of the software either in part or in whole unless expressly authorised to do so by the Licensor.

USE OF SOFTWARE AND INTERPRETATION TEXTS

The provision of interpretation texts does not constitute an offer, solicitation or invitation for their use in any jurisdiction in which such use is prohibited by law. It is the responsibility of each person to determine the law that applies in the location in which he or she is present. Each person should ensure that he or she would be acting legally in that jurisdiction when using the interpretation texts and the software. Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party can accept no responsibility for the illegal use of the interpretation texts or of the software in any jurisdiction.

Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on the interpretation texts or the use of or reliance on the software, including loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages.

Every effort has been made to ensure the accuracy of the interpretation texts and the data provided by and from the software. However, Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party assumes no responsibility for the accuracy of the interpretation texts information or data provided.

Nothing contained in the interpretation texts or the software shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark or copyright of Mark Griffin Hamish Saunders Angela Thomas the Licensor its successors agents representatives or any third party.

Any alteration of whatsoever nature made to the interpretation texts remain the sole and exclusive responsibility of the person making such alteration and cannot be construed as incorporating or constituting an endorsement or a recommendation of or by Mark Griffin Hamish Saunders Angela Thomas the Licensor its successor agents representatives or any third party. You are prohibited from making such alterations as would be unlawful, threatening, libellous, defamatory, obscene, pornographic, or be of such a nature as would violate any state, federal, national or international law or which would contravene any law in any jurisdiction in which they are made published or distributed whatsoever.

GENERAL RESTRICTIONS

The Licensee may not copy rent lease sell sub-license assign decompile disassemble or otherwise reverse engineer, create derivative works based on the software nor transfer all or any part of the software to any third party except as provided in this agreement without the express permission of the Licensor.

EXPIRY AND TERMINATION OF LICENSE AGREEMENT

Without prejudice to any other rights this License shall expire in sixty (60) days from the date that the Licensee downloads and or installs the software or shall terminate immediately upon the breach of any of the terms or conditions of this license. Upon termination or expiry of the License the Licensee shall destroy the software or any of its component parts or if so directed by the Licensor return at the Licensee's expense any written materials produced by or distributed with the software and all copies of the software, including any original software CD ROM and floppy disc backup copies modified copies, or any other copies of whatsoever nature.

SOFTWARE WARRANTY DISCLAIMER

The software is provided 'as is'. The Licensor warrants that the software provides the facilities and functions set out in the software specification when properly used in conjunction with compatible and non-defunct equipment and that the documentation will provide adequate instruction to enable the proper use of the software facilities and functions.

The Licensor's warranty shall be limited to replacement or modification of the software so that it conforms to the software specifications to be made within a reasonable time of notice from the Licensee requiring the remedy of the software defect or error.

The Licensor shall have no liability or obligation under this warranty unless the Licensee provides to the Licensor written notice of the software defect or error not later than ten (10) days from the date of purchase of the software or from the date the Licensee downloads the software from the Internet.

If the Licensor so decides at its absolute discretion that a remedy of any defect or error of the software cannot be made it shall have the right to refund the Licensee any purchase price of the software exclusive of delivery charges upon receipt of the software from the Licensee. The Licensee must pay carriage for the return of the software from the Licensee's address to that of the Licensor.

The Licensor's sole obligation shall be to replace defective software. Any liability of the Licensor it successors agent or representative including the seller or distributor shall be limited to product replacement or refund of any purchase price paid for the software supplied on CD ROM and or floppy disc upon the return of the software to the Licensor or authorised dealer agent or representative.

MEDIA WARRANTY

Where the software is supplied on CD ROM that media is warranted to be free of defects in workmanship and materials under normal use for a period of ten (10) days from date of purchase of the software.

The Licensor's warranty shall be limited to the replacement of the media, or if replacement shall not be available from Licensor within a reasonable time, the refund of the purchase price of the software upon the return of the software to the Licensor or authorised dealer agent or representative.

LIMITATION OF LIABILITY

Save as provided above no warranty, condition, undertaking or term expressed or implied, statutory or otherwise as to the condition quality performance suitability or fitness for purpose of the software is given or assumed by the Licensor its successor agent or representative including any seller or distributor of the software and all such warranties conditions undertakings and terms are excluded.

The Licensor its successor servant agent sub-contractor representative including any seller or distributor of the software shall not in any circumstances be liable for any loss or damage whatsoever whether direct or indirect and howsoever caused (including without prejudice to the generality of the foregoing any loss of profits or contracts or other financial or consequential loss) arising from or as a result of any breach by the Licensor its successor servant agent sub-contractor representative including any seller or distributor of the software, of any express or implied term of this License or any tort or negligence committed by the Licensor successor servant agent sub-contractor representative including any seller or distributor of the software in connection with the performance of obligations under this License or in the provision of the software.

It is the responsibility of the Licensee to make backups of data files and to choose and maintain appropriate system hardware and system operating software.

There is no guarantee of uninterrupted service or replacement of lost data.

If the limitation on liability is unenforceable at law, then the liability shall not exceed any license fee paid or thirty (30) New Zealand dollars whichever is the greater.

LICENSEE'S ACKNOWLEDGEMENT

The Licensee acknowledges that he or she has read this agreement understands it and agrees to be bound by its terms and conditions.

GENERAL

This agreement shall be construed in accordance with New Zealand Law. Any dispute arising out of or in connection with it shall be within the non-exclusive jurisdiction of the New Zealand Courts of Law regardless of the place of its actual execution delivery and performance.

If any provision term or condition hereof or of any specific agreement shall be held by a court of competent jurisdiction to be invalid or avoidable such provision shall be struck out and the remainder thereof shall stand in full force and effect.

Nothing in this License shall affect the statutory rights of a consumer.

This agreement contains the whole understanding of the parties, supersedes all previous oral written or electronic representations or agreements and may not be changed modified or discharged orally.


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