Janusys Siren 2007 Software Licence Agreement
By installing the Janusys Siren 2007 Software and all related software, components and documents (“Janusys Siren 2007”) You acknowledge that:
- You are aware that continuing with the installation of Janusys Siren 2007 as well as subsequent use signifies agreement to the terms of this Licence;
- You have read and understand the terms of this Licence, or waived the opportunity to do so and/or get advice on the terms, at Your own risk;
- if You are installing Janusys Siren 2007 for an organisation (the “Principal Organisation”):
- You have the authority to bind the Principal Organisation to the terms of this Licence; and
- You agree to the terms of this Licence, in Your own right and on behalf of the Principal Organisation;
- if You are installing the Professional edition, the computer on which the software is being installed has the following minimum requirements:
- IBM-compatible computer, 486-DX2-66 processor or greater;
- 32 Mb RAM;
- 15Mb of free disk space for complete installation;
- MS Windows 95(c) or later;
- Microsoft-compatible mouse and keyboard; and
- Windows Desktop resolution of at least 640 x 480, 16 colours.
- if You are installing the Enterprise edition, You have hardware adequate to handle the load created by the SQL Server, Oracle or other enterprise level database that will be accessed by Janusys.
- for both editions, the computer on which the software is being installed has the following minimum requirements:
- Sound card if the playing to sound card feature is utilised;
- TAPI compliant voice modem or telephony card if dialling or playing to telephone features are utilised;
- Data, voice or GSM modem if SMS features are utilised;
- E-mail account and internet connection if e-mail features are utilised; and
- Serial, parallel and/or USB ports if the external device connection features are to be utilised (e.g. interface to alarm systems with compatible connection ports).
1.1 The parties to this Licence are Hamilton Colyer-Long trading as Janusys (ABN 88 829 654 665), of 402 Bulwer Street, West Perth, Western Australia 6005, Australia (“Licensor”) and all of the following (together, “You”): the person who installs Janusys Siren 2007; that person’s employer if the installation is carried out in the course of the person’s employment; and the Principal Organisation, if any.
1.2 This Licence becomes binding on all the parties as soon as installation of Janusys Siren 2007 is completed, however, unless there is a dispute as to authority, the Licensor will only enforce its rights against the Principal Organisation if the installer is not the only licensee.
1.3 To register Janusys Siren 2007, complete the Registration Form and forward it to the Licensor together with payment of the Licence fee. Upon receipt of the duly completed Registration Form and Licence fee, the Licensor will send to You at Your postal address or e-mail address, a Validation Form to enable You to proceed with the full implementation and use of the number of Registered Versions of Janusys Siren 2007 for which You have paid.
2.1 The Licensor hereby grants to You a licence to use Janusys Siren 2007 (this “Licence”) such that You may:
- install Janusys Siren 2007 onto only 1 server computer per server licence purchased and 1 client per client computer purchased, using only the installation program provided by the Licensor;
- access Janusys Siren 2007 remotely without a separate Licence for the remote access point;
- de-install Janusys Siren 2007 and reinstall it on another computer;
- use the restricted version of Janusys Siren 2007 indefinitely prior to registration and payment of the Licence fee;
- use the unrestricted Janusys Siren 2007 indefinitely after registration and payment of the Licence fee;
- distribute evaluation versions of Janusys Siren 2007, provided no charge is made, and the distribution is made in such a manner that this Licence must be agreed to by anyone to whom the evaluation version is provided; and
- make backup copies of Janusys Siren 2007 in the ordinary course of backing up the computer on which Janusys Siren 2007 is installed.
2.2 You may not, without the express written permission of the Licensor:
- install Janusys Siren 2007 onto more than 1 server computer per server licence purchased or more than 1 client per client computer purchased, or use something other than the installation program provided by the Licensor to install the software;
- reproduce Janusys Siren 2007 in any way, shape or form, except as envisaged by Janusys Siren 2007 itself or this Licence;
- alter Janusys Siren 2007 except as permitted by the normal operation of Janusys Siren 2007;
- produce or manufacture or commission the manufacture or production of, any product or process that is similar to Janusys Siren 2007;
- make any copies of the installation program, Janusys Siren 2007 manual(s) or any written material provided with the package other than as provided above;
- loan, rent, lease, or transfer Janusys Siren 2007 material or programs containing Janusys Siren 2007 to a third party except as part of a transfer or other use expressly permitted by this Licence;
- reverse engineer, decompile or disassemble any Janusys Siren 2007 programs or any part thereof;
- run Janusys Siren 2007 on more than 1 computer per Licence;
- transfer this Licence to a third party unless You first receive the written consent of the Licensor, the third party agrees to a Licence in the same terms as this Licence and the third party pays the required Licence transfer fee, and You delete all copies of Janusys Siren 2007; or
- carry on or be concerned or interested in any business (whether alone; or jointly with or as a director, consultant, manager, servant, agent, or partner of any person, firm, or corporation; or with their respective employees, servants, or agents; or as the trustee or beneficiary of any trust; or otherwise by any means whatsoever) that does any of the things specified in paragraphs above in this clause 2.2.
2.3 All rights not expressly granted to the user of Janusys Siren 2007 under this Licence are expressly reserved to the Licensor.
3. MAINTENANCE AND SUPPORT
3.1 During the term of this Licence, the Licensor may provide You with minor enhancements, minor upgrades and bug fixes from time to time via the website at www.janusys.com.au, but does not contract to supply You with new versions of Janusys Siren 2007.
3.2 At the Licensor’s sole discretion prior to registration the Licensor may, and after registration and payment of the Licence fee, the Licensor shall, in good faith, supply to You:
- free website support at www.janusys.com.au;
- limited on-line contact with the Licensor via www.janusys.com.au, with the Licensor reserving the right to advise You that its support requirements go beyond that which can be provided free of charge and charge for support at an agreed rate;
- electronic operating manuals relating to Janusys Siren 2007, to ensure the full exploitation of the Licence granted under this Licence; and
- details of all improvements and other developments in Janusys Siren 2007 hereafter produced or owned by the Licensor which can be downloaded from www.janusys.com.au.
3.3 It is Your responsibility to put in place the necessary administrative policies and procedures to ensure the safe and effective use of Janusys Siren 2007. These policies and procedures should reflect common best practices for this type of information technology. Some practices are covered in the Help documentation supplied with Janusys Siren 2007. This includes, but is not limited to the following:
- Security – Janusys Siren 2007 includes some security as a feature. All external security (e.g. workstation and network security) is Your responsibility.
- Data Backup – The Licensor does not provide data or database backup or restore functions. This is Your responsibility. The Licensor takes no responsibility for the loss of any data.
- Disaster Recovery – You must ensure that Janusys Siren 2007 and data are secure in the case of any disaster scenarios.
- Passwords etc. – The Licensor may provide codes and passwords in the course of business dealings with You (Licence codes, Licensee codes, passwords). It is Your responsibility to keep these references in safe custody.
3.4 The Licensor will not modify Janusys Siren 2007 to comply with the specific requirements of the Licence unless it believes that there is sufficient business merit. The Licensor may develop customised versions of Janusys Siren 2007 for You but this will be undertaken pursuant to a separately negotiated and priced contract.
3.5 Janusys Siren 2007 must be used as intended, where this is generally specified in the documentation supplied with Janusys Siren 2007. Certain aspects of Janusys Siren 2007 are intentionally ‘open’ to You for Your own customisation. The Licensor takes no responsibility for the effect of any customisation not undertaken by the Licensor.
4. LIMITED WARRANTY
4.1 The Licensor hereby represents, warrants and undertakes to You that:
- it shall make available to You any minor enhancements, minor updates or bug fixes for Janusys Siren 2007 that are produced by the Licensor during the term of this Licence;
- the Licensor has full right and title to grant this Licence and neither the entering of this Licence nor the performance by the Licensor of its obligations will cause it to be in breach of any Licence to which it is a party or is subject;
- the use by You of Janusys Siren 2007 shall not infringe any copyright, trade mark, registered design, or similar or other intellectual property rights of any third party, nor give rise to payment by You of any royalty to any third party or to any liability to pay compensation to a third party.
4.2 You acknowledge that:
- the acknowledgments in the declaration at the beginning of this Licence are correct;
- no promise, representation or warranty or undertaking has been made or given by the Licensor, or any person or company on its behalf, in relation to the profitability of, or any other consequences or benefits to be obtained from the delivery or use of Janusys Siren 2007 or any accompanying manuals, and written materials, other than those advised to the Licensor at www.janusys.com.au, and acknowledged by the Licensor before installing or downloading Janusys Siren 2007;
- You are not entitled to rely on any representations unless they are acknowledged by return e-mail by the Licensor;
- no other representations have been made or relied on by You; and
- the entire risk as to the quality, performance and suitability of Janusys Siren 2007 is borne by You, and it is Your responsibility to thoroughly test and evaluate Janusys Siren 2007 at all stages of operation before registering Janusys Siren 2007 and paying the Licence fee.
4.3 Subject to clause 4.2, You acknowledge that:
- the Professional edition uses the Microsoft Jet database which:
- is supplied with Windows for no extra cost;
- creates tables that may not be stable for more than 5 simultaneous users; and
- may have noticeably slower access times as tables grow or as the number of simultaneous users grows;
- You have used the evaluation period to assess the suitability of Janusys Siren 2007 and the suitability of Your hardware;
- You are satisfied with the functionality of Janusys Siren 2007 on Your hardware; and
- if You choose to register Janusys Siren 2007 and pay the Licence fee, You have relied upon Your own skill and judgment in doing so.
4.4 The Licensor cannot and does not warrant that Janusys Siren 2007 is suitable for all localities in the world. It is Your responsibility to ensure that Janusys Siren 2007 is suitable for the locality in which it will be used.
4.5 The Licensor cannot and does not warrant that Janusys Siren 2007 is totally error free or that Janusys Siren 2007 programs may not, in some circumstances, fail to function. If Janusys Siren 2007 contains errors or Janusys Siren 2007 programs fail to function, the Licensor will endeavour to remedy the defects in subsequent upgrades.
4.6 To the full extent permitted by the laws applicable to this Licence, any conditions or warranties imposed by such laws are hereby excluded. Insofar as liability under or pursuant to any legislation may not be excluded, such liability is limited to replacement of Janusys Siren 2007 or correction of the defects in Janusys Siren 2007 material, or refund of the Licence fee, at the exclusive option of the Licensor.
4.7 Except to the extent provided above, under no circumstances shall the Licensor or any agent, related company or related person be liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from the supply or use of Janusys Siren 2007 programs and any accompanying materials or any failure by the Licensor or any related company to perform any obligation or observe any terms of this Licence.
4.8 The warranties given by the Licensor will not apply if the Licensor is not responsible for the problem, for example, if the problems results from:
- an unauthorised modification made to Janusys Siren 2007 by You or any other party;
- the media (where applicable) being subjected to accident, abuse, or improper use; or
- being used on or in conjunction with hardware or software other than the hardware and software described in clause (d) of the declaration at the beginning of this Licence.
5.1 This Licence shall immediately terminate if You use Janusys Siren 2007 otherwise than in accordance with this Licence or otherwise breaches this Licence.
5.2 Upon termination, You shall forthwith:
- remove all copies of Janusys Siren 2007 material from any storage medium upon which it has been installed; and
- destroy or remove all copies of Janusys Siren 2007 material from any backup medium on which it has been stored.
6.1 This Licence embodies all the terms that are binding between the parties, and replaces all previous representations and proposals not embodied herein.
6.2 This Licence shall be governed by the laws of Western Australia and shall be deemed to have been made in Western Australia. Any proceedings arising out of or in connection with this Licence may be brought in any court of competent jurisdiction in Western Australia.
6.3 If any provision of this Licence is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions shall not be affected.