UNIVERSAL RISK MACHINE

TRAINING LICENCE

BEFORE DOWNLOADING OR USING THIS SOFTWARE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

The terms and conditions of this licence agreement govern your use of Universal Risk Machine (the "software"). Do not download or use this software unless you agree with these terms and conditions. By downloading this software you are taken to have read, understood and agreed to be bound by these terms and conditions.

    1. The software and related materials are the intellectual property of Ristek or its licensors and are protected by Australian copyright laws and international copyright treaties. The software and related materials are licensed to you, not sold. Ristek and/or its licensors retain all right, title and interest in the software and related materials and any copies made thereof.

    2. In consideration for payment by you of the licence fee, Ristek grants you a non-exclusive, non-transferable licence to use the software and related materials for training purposes only. This software may only be loaded into a single computer. Multiple CPU systems, networking or emulation on mainframes require supplementary licences which are available from Ristek. You agree not to use the software on more than one terminal or workstation of any network of computers or on a multi-user system or on any time-sharing or interactive cable system.

    3. You may make one (1) copy of the software and related materials, for backup purposes only. You must not otherwise copy, adapt, translate, reverse engineer or reverse compile, alter, modify, disassemble, decrypt or create alternate or derivative works of the software or related materials. You must not sub-licence, sell, transfer or otherwise distribute or make available the software or any part thereof or related materials to any other person.

    4. You shall pay Ristek the licence fee as listed prior to downloading the software. The licence fee is exclusive of taxes, duties and charges imposed or levied under any law in connection with the supply of the software.

    5. Ristek will indemnify you against any loss or liability for all claims, proceedings, losses or damages arising from any claims, actions or proceedings brought against you by any third party alleging infringement of intellectual property rights in the software or related materials, provided you give Ristek prompt notice in writing of such claims, actions or proceedings, and give Ristek full authority, control and reasonable assistance in the defence or settlement of such claims, actions or proceedings.

    6. Except as expressly provided to the contrary in this licence agreement, all terms, conditions and warranties, whether express, implied, statutory or otherwise relating in any way to this licence agreement are excluded, provided that nothing herein shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by any law or regulation where to do so is illegal or would render any provision of this licence agreement void. In such cases and where permitted by the law Ristek's entire liability in respect of any such provision shall be limited at its option to:

        1. the replacement of the software or related materials or the supply of equivalent products; or

        2. the repair of the software or related materials.

    7. Ristek shall not be liable for any indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, savings, data or wasted expenditure arising from the use or inability to use the software.

      If you make a claim against Ristek for any act or omission by Ristek relating to this licence agreement (whether the claim is based in contract negligence or statute) Ristek's liability in respect of that claim is limited in aggregate to the licence fee paid by you to Ristek under this licence agreement.

    8. You shall be solely responsible for installation and setting to work of the software, however Ristek will provide assistance with installation at no charge by e-mail. You acknowledge that Ristek has no obligation under this licence agreement to provide you with any support services or upgrades, however Ristek will provide e-mail support for those issues that can in Ristek's opinion be resolved by e-mail at no charge. You may enter into a separate support agreement with Ristek for any support or upgrades you otherwise require in relation to the software.

    9. You will be solely responsible for the use, management and control of the software and related materials. Ristek may take legal proceedings against you or third parties if there is any actual, threatened or suspected breach of this licence agreement, including proceedings for an injunction to restrain such breach.

    10. You must not assign or sub-licence any benefits of this licence agreement without Ristek's prior written consent.

    11. This licence agreement shall be construed, governed by and interpreted in accordance with the laws of the State of New South Wales, Australia and you agree to submit to the jurisdiction of the courts of that State.

    12. Without prejudice to any other rights Ristek may have under this licence agreement or at law, Ristek may terminate this licence agreement immediately by notice in writing if you are in breach of any term or condition and such breach is not remedied within seven (7) days of written notice by Ristek. If Ristek terminates this licence agreement for your breach it may retain the licence fee paid and be regarded as discharged from any further obligations under this licence agreement.

    13. Upon expiration or termination you shall immediately discontinue all use of the software and related materials, and return or destroy all copies of the software as directed by Ristek.

LICENCE NUMBER

You must enter your name and organisation name in the Licence window that appears the first time you run the software. A Registration Key then appears. This Key must be sent by email to ristek@ristek.com. You will then be sent the Serial Number which must be entered into the Licence window. The evaluation Expiry Date and other functional restrictions then appear. You must not use the software or related materials after the Expiry Date. Note the Serial Number is specific to the host computer. Therefore you will need to repeat the process of generating the Registration Key and requesting a Serial Number if you reinstall the software on another computer or the host computer. s hardware or operating system changes.

Risk Technology Pty Limited ACN 051 645 526
Suite 4 Level 7 333 George Street Sydney NSW 2000
AUSTRALIA

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Copyright ©1999 Risk Technology Pty Limited ACN 051 645 526