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Calendar Works Licence Agreement

By downloading or purchasing the software you are agreeing to abide by the following Licence Agreement. If you are not willing to abide by the Licence Agreement do not download or purchase the software.


INNOVA SOFTWARE LICENSE STATEMENT AND LIMITED WARRANTY
for CALENDAR WORKS

IMPORTANT - READ CAREFULLY


This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) ("you") and Bohatcom Pty Limited ACN 002-301-322 trading as Innova Software ("Innova Software") for the software product Calendar Works ("Software"), including any software, media, accompanying on-line or printed documentation, serial numbers, authorisation and unlocking codes or keys.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund if applicable.

Upon your acceptance of the terms and conditions of the License Agreement, Innova Software grants you the right to use the Software in the manner provided below.

This Software is owned by Innova Software and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You must not sell, give, loan or otherwise transfer the software (or any copy) to another person or entity. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation, serial numbers, authorisation and unlocking codes or keys. You acknowledge that the Software in source code form remains a confidential trade secret of Innova Software and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the Innova Software software that you upgraded.

ADDITIONAL LICENSE TERMS FOR CALENDAR WORKS
If you have purchased the Software and are using a registered copy of the Software, Innova Software grants to you as an individual, a personal, non-exclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create.

If you have not purchased the Software or are using an unregistered copy of the Software you are deemed to be using a trial version of the Software. Innova Software grants to you as an individual, a personal, non-exclusive license to install and use the trial version of the Software for the sole purpose of evaluating the Software for use in programs which you may create. Under no circumstances may you distribute or deploy programs created with a trial version of the Software.

You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, Innova Software grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES
You may write and compile (including byte-code compile) your own application programs using the Software, including any libraries included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software without additional license or fees, subject to all of the conditions in this statement.

The Software includes certain files ("Redistributables") intended for distribution by you to the users of programs you create.

The Redistributables for the Software are :-
1. CalWork.DPL
2. CalWork.BPL

Subject to all of the conditions in this statement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), source code (if it has been supplied), Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any Innova Software documentation without Innova Software's permission.

The license granted in this statement for you to create your own compiled programs and distribute your programs and the Redistributables (if any) is subject to all of the following conditions:

(i) all copies of the programs you create must bear a valid copyright notice, either your own or the Innova Software copyright notice that appears on the Software;
(ii) you may not remove or alter any Innova Software copyright, trademark or other proprietary rights notice contained in any portion of Innova Software libraries, source code (if it has been supplied), Redistributables or other files that bear such a notice;
(iii) Innova Software provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Innova Software for such services or assistance;
(iv) you will indemnify and hold Innova Software, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;
(v) programs you distribute must be written using a licensed, registered copy of the Software;
(vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries (including runtime libraries), source code, Redistributables or other files of the Software;
(vii) you must not produce derivative works of the Software, including but not limited to Delphi and C++ Builder components, Active X controls, dynamic link libraries (DLL's), or other components or libraries, which are based on or use the software;
(viii) you must not use the Software to create products which compete with the Software;
(ix) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries (including runtime libraries), source code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users;
(x) you may not use Innova Software's or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Software.

All Innova Software libraries, source code, Redistributables and other files remain Innova Software's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Innova Software source code and other non-executable files) except those that Innova Software has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Innova Software has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.

Contact Innova Software for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.

LIMITED WARRANTY
Subject to the following paragraph :-

INNOVA SOFTWARE SHALL NOT BE RESPONSIBLE IN TORT OR IN CONTRACT FOR ANY LOSS OR DAMAGE HOWSOEVER CAUSED TO THE PROPERTY OR PERSON OF YOURSELF OR ANY THIRD PARTY AS A RESULT OF ANY DEFECT IN THE SOFTWARE WHETHER PATENT OR LATENT OR AS A RESULT OF ANY FAULT, NEGLIGENCE, WRONGFUL ACT OR OMISSION OF INNOVA SOFTWARE OR ANY OF ITS SERVANTS, EMPLOYEES, CONTRACTS AND AGENTS, AND YOU INDEMNIFY INNOVA SOFTWARE AGAINST ANY CLAIMS MADE AGAINST IT BY ANY THIRD PARTY ARISING OUT OF ANY SUCH DEFAULT OR FAULT, NEGLIGENCE, WRONGFUL ACT OR OMISSION AND SUBJECT TO THE FOLLOWING PARAGRAPH BELOW IN NO EVENT SHALL INNOVA SOFTWARE BE LIABLE FOR ANY CLAIMS OR DAMAGES INCLUDING, BUT NOT LIMITED TO CLAIMS OF FAULTY DESIGN, NEGLIGENT OR MISLEADING ADVICE, DAMAGES ARISING FROM LOSS OR USE OF THE SOFTWARE AND/OR SUPPLY OF SERVICES; AND ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR INJURY TO ANY PERSON, CORPORATION OR OTHER ENTITY BY REASON OF THE SALE OF THE SOFTWARE AND/OR PROVISION OF SERVICES PURSUANT TO THESE TERMS AND CONDITIONS.

In the event that the Software supplied and/or provision of services pursuant to this agreement are supplied to you as a consumer of goods or services within the meaning of that term in the Trade Practices Act 1974 as amended and/or similar State legislation you will have the benefit of certain non- excludable rights and remedies in respect of the Software or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred. However it is acknowledged by you that such software and/or services are not ordinarily required for personal, domestic or household use or consumption and Innova Software limits its liability (in the event of you being a consumer) to payment of an amount equal to the lowest of :-
(i) The cost of replacing the Software
(ii) The cost of repair of the Software
(iii) The cost of having the Software repaired or replaced

In the event that division 2A of the Trade Practices Act 1974 is applicable and Innova Software is deemed to be a manufacturer supplying goods to a customer or persons who acquire title to the goods through or under the customer and the good is not ordinarily acquired for personal, domestic or household use or consumption then Innova Software hereby limits its liability to payment of an amount equal to the lowest of :-
(i) The cost of replacing the Software
(ii) The cost of repair of the Software
(iii) The cost of having the Software repaired or replaced

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on- line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Innova Software and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS
This statement may only be modified in writing signed by you and an authorized officer of Innova Software.

Each article, paragraph, sub-paragraph, term and condition of this agreement, or any portions thereof, shall be considered severable. If, for any reason, any portion of this agreement is determined to be invalid, contrary, or in conflict, to any applicable present or future law, rural or regulation that ruling shall not impair the operation of, or have any other effect upon, any other portions of this agreement; all of which shall remain binding on the parties and continue to be given full force and effect.

This statement shall be construed, interpreted and governed by the laws of the State of New South Wales, AUSTRALIA. This statement gives you specific legal rights; you may have others which vary from state to state and from country to country. Innova Software reserves all rights not specifically granted in this statement.



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