Pocket Programs SapScale licence Agreement
This Pocket Programs licence Agreement ("Agreement") is a legal agreement between you (either an individual or single entity) and Pocket Programs setting forth the terms and conditions for your use of the Pocket Programs SOFTWARE accompanying this Agreement which includes computer SOFTWARE and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").
By installing, downloading and/or using this SOFTWARE, you indicate your acceptance of this Agreement and are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to install, download or use this SOFTWARE.
This licence is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your purchase, download or use. Pocket Programs retain ownership of the SOFTWARE and all copies thereof, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between us or any associated company of ours relating to the SOFTWARE.
1. GRANT OF licence
The SOFTWARE is used either in a TRIAL (unregistered) or LICENSED form. The TRIAL version scrambles the output when communicating with SAP and may be used without registration for test purposes for a period of 90 (ninety) days. The TRIAL version is fully functional and therefore you should ensure that the SOFTWARE fully meets your requirements before registration.
After registration of the software at pocketprograms.com, you will be provided with a licence number. You must then enter the licence number into the software and activate it as per the licence terms. The SOFTWARE will then be deemed to be LICENSED.
This licence allows you to:
a) Make copies of the SOFTWARE in machine readable form. This SOFTWARE is protected by copyrights laws and international copyright treaties. You must reproduce on each copy the Pocket Programs copyright notice and any other proprietary legends that were on the original; and
b) Use the SOFTWARE in trial form without a licence key on any single computer; and
c) Upon registration of the software, use the software according to the terms of the licence purchased, which allows the SOFTWARE to be used on a single PC. You must obtain a supplementary licence from Pocket Programs before using the SOFTWARE beyond the terms of the purchased licence; and
You are not permitted to distribute any Licence number provided by Pocket Programs to a third party, or display it in your applications.
2. RESTRICTIONS
Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over a network. The SOFTWARE contains trade secrets, and in order to protect them, you may not decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human-perceivable form. YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, NETWORK THE SOFTWARE OR ANY PART THEREOF.
3. TERMS
This licence is effective until terminated. This licence will terminate automatically without notice from Pocket Programs if you fail to comply with any provisions of this licence. Upon termination, you must destroy the SOFTWARE and all copies thereof immediately, you must remove any registration keys from your applications, you may no longer distribute the SOFTWARE in any form. You may not terminate this licence once a registration key has been issued.
4. FOREIGN EXPORT
You agree and certify that neither the SOFTWARE nor any related technical data is being or will be shipped, transferred or re-exported, directly or indirectly, into any country in violation of any applicable laws or regulations of the United States or the country in which it was obtained.
5. DISCLAIMER OF WARRANTY
a) Pocket Programs warrants that the disk on which the SOFTWARE is recorded is free from defect materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery to the original licence as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship to the disk, you should return it to Pocket Programs, together with your original fee receipt, and it will be repaired or replaced free of charge. If you ship the SOFTWARE to Pocket Programs, you must pay all postage, shipping, transportation, insurance, and delivery costs. PROVIDED, HOWEVER, THAT THIS WARRANTY DOES NOT APPLY TO THE DOWNLOADED SOFTWARE OR MEDIA NOT SUPPLIED BY Pocket Programs.
b) THIS WARRANTY EXTENDS TO THE ORIGINAL licenceE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES NOT APPLY TO ANY DISK WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED DISK SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE DISK, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. Pocket Program'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE DISK ON WHICH THE SOFTWARE IS RECORDED, OR, AT Pocket Programs'S OPTION, A REFUND OF THE licence FEE. PROVIDED, HOWEVER, THAT THIS WARRANTY DOES NOT APPLY TO THE DOWNLOADED SOFTWARE OR MEDIA NOT SUPPLIED BY Pocket Programs.
c) EXCEPT FOR THE LIMITED WARRANTY FOR THE DISK ON WHICH THE SOFTWARE IS RECORDED AS SET FORTH ABOVE, Pocket Programs MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND Pocket Programs, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT, DOES Pocket Programs, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE. IF THE SOFTWARE IS DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR AND SERVICING, IN NO EVENT SHALL Pocket Programs, ITS ASSOCIATED COMPANIES OR THEIR DEALERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF Pocket I)pJ -rograms OR ITS REPRESENTATIVES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL Pocket Programs NOR ANY OF ITS ASSOCIATED COMPANIES HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, SOLD, licenceD, OR FURNISHED BY Pocket Programs OR ANY OF ITS ASSOCIATED COMPANIES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT.
e) Pocket Programs hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.
6. GENERAL
This Agreement is governed and shall be construed in accordance with the laws of Australia. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect. This Agreement supersedes and replaces any other agreements relating to the subject matter of this Agreement. In the event a dispute arises under or in connection with this Agreement, you hereby consent to personal jurisdiction of the district court of Sydney and waive any objection that such forum is inconvenient. You further consent to service of process in any such action by regular mail or other commercially reasonable means of receipted delivery.