Summary: This allows you to freely download the software from Topologis site or from one of our authorized distributors and to use it for a period of 3 days.
By downloading or using Utility you are being bound by this license unless you elect to pay for a Registered Single User or Site license.
A printable RTF version of the license for your records is available here.
EVALUATION USER License
Issued by TOPOLOGI PTY LIMITED ABN 74 096 635 102
YOUR AGREEMENT TO THIS LICENSE
You should carefully read the following terms and conditions before downloading, installing or using the Utility, which indicates your acceptance of this agreement (EVALUATION USER License or License).
YOU REPRESENT AND WARRANT TO TOPOLOGI PTY LIMITED ABN 74 096 635 102 (TOPOLOGI) THAT YOU ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY, BEING THE USER OF THE SOFTWARE, THAT YOU ARE 18 YEARS OR OLDER AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree to all of the terms and conditions of this License, then do not download, install, or use any copy of Topologi Utility with which this License is included.
OWNERSHIP OF PRODUCT & LICENSE TO USE PRODUCT
This is not free software. Subject to the terms of this agreement, you are hereby licensed by Topologi to use one copy of Topologi Utility, on one computer or workstation, for evaluation purposes without charge for a period of 3 days. If you use this software after your 3-day evaluation period a registration fee of AU$40 (excluding GST) or currency equivalent is required
Payments must be made in US dollars or an equivalent amount in Australian Dollars as advised by Topologi from time to time, and should be ordered online. Our website address is www.topologi.com. If you wish to pay by an alternative method, contact us by email at firstname.lastname@example.org, or by fax on 612 96608869.
UNREGISTRED USE OF TOPOLOGI UTILITY SOFTWARE AFTER YOUR 3-DAY EVALUATION PERIOD HAS EXPIRED IS IN VIOLATION OF U.S., AUSTRALIAN AND INTERNATIONAL COPYRIGHT LAWS.
Each Licensed copy of Topologi Utility may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.
All rights of any kind in Topologi Utility which are not expressly granted in this License are entirely and exclusively reserved to and by Topologi. No right, title or interest in or to any copyright interest, trademarks or trade names of Topologi or its licensors is granted hereunder. You may not rent, lease, copy or sell Topologi Utility or any part of it, nor modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Topologi Utility software, nor permit anyone else to do so. You may not make access to Topologi Utility available to others by way of a service bureau, application service provider, or similar business, nor permit anyone else to do so.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
TOPOLOGI UTILITY, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, IS DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
You acknowledge that good data processing procedure dictates that any program, including Topologi Utility, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume all risk relating to use, quality and performance of copies of Topologi Utility covered by this License. Topologi does not warrant that the software or the functions contained in the software will meet your requirements, operate without interruption or be compatible with your hardware and other software. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
ANY LIABILITY OF TOPOLOGI WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE, IF ANY. IN NO EVENT SHALL TOPOLOGI, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR RELATED ORGANIZATIONS BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF USE OR THE INABILITY TO USE TOPOLOGI UTILITY OR THE LOSS OF ANY DATA WHICH MAY BE LOST OR CORRUPTED AS A RESULT OF THE USE OF THE SOFTWARE BY YOU OR ANOTHER USER.
IN NO EVENT DOES TOPOLOGI AUTHORIZE YOU OR ANYONE ELSE TO USE TOPOLOGI UTILITY IN APPLICATIONS OR SYSTEMS WHERE TOPOLOGI UTILITY'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK. YOU SHALL DEFEND OR SETTLE AT YOUR EXPENSE ANY CLAIM OR SUIT BY YOUR CUSTOMERS OR ANY OTHER PARTY CLAIMING AGAINST TOPOLOGI ARISING OUT OF OR IN CONNECTION WITH YOUR PRODUCTS OR SERVICES OR USE OF TOPOLOGI EDITOR. YOU AGREE TO HOLD TOPOLOGI HARMLESS AGAINST AND FROM DAMAGES, COSTS AND LEGAL FEES, IF ANY, INCURRED IN DEFENDING AND OR RESOLVING ANY SUCH SUIT OR OTHER CLAIM WHICH ARISES THROUGH YOUR USE OF TOPOLOGI UTILITY UNDER THIS AGREEMENT.
SOFTWARE SUPPORT AND MAINTENANCE
Topologi will supply support services and maintenance for the Topologi Utility as it shall determine in its sole discretion from time to time. Our policy will be available on our website. Topologi may introduce a charge for use of support services and maintenance services in relation to Topologi Utility at any time.
You agree that Topologi may keep your contact details and other related information in a database or other information retrieval system and that Topologi may contact you from time to time with information about the Topologi Utility and unless you specifically request to be taken off our marketing contact list, other products and services of Topologi. The information provided by you to Topologi will not be sold or, except for fulfilling the primary purpose of contacting you on behalf of Topologi, given to any third party.
GENERAL CONTRACTUAL PROVISIONS
Assignment: Neither party may assign or delegate its rights or obligations under this agreement without the others written consent.
Complete Agreement: This agreement is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. Governing Law: Severability: The law for the time being of the State of New South Wales, in Australia shall govern and enforce this agreement. Any waiver by Topologi of any violation of this agreement by you shall not constitute, nor contribute to, a waiver by Topologi of any other or future violation of the same provision, or any other provision, of this agreement. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable for any reason that clause may be enforced to the maximum extent permissible and the remainder of this agreement shall continue in full force and effect.
Notification of Dispute or Dissatisfaction: You shall give Topologi prompt written notice of any dispute or dissatisfaction that you may have with Topologi Editor or related services. You agree to provide notice within 30 days of learning of the first occurrence of the dispute or dissatisfaction.
Dispute Resolution: Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof shall first be the subject of conciliation, administered by the Australian Commercial Disputes Centre Limited (the Centre) conducted at Sydney and held in accordance with the Conciliation Rules of the Centre in force at the date of this agreement. You consent to such jurisdiction and venue.
No Partnership: There is no agency, partnership, joint venture or other joint or exclusive relationship created by this agreement.