JustData Lite  End User Licence Agreement

Warning: Permission to use the JustData LiteÔ Software ("JustData Lite") and documentation is conditional upon you, the Customer, agreeing to the terms set out below.  Do not load JustData Lite until you have read and accepted all the terms of this licence.  Your loading of JustData Lite will be deemed to be your acceptance of the following terms.  If you do not wish to accept the terms either return this package to JustSoft Pty Ltd ACN 070 935 429 or do not load JustData Lite and any licence fee you may have paid will be refunded to you.

1.	Licence.  The copyright in JustData Lite and its documentation is owned by JustSoft Pty Ltd ACN 070 935 429 ("JustSoft").  Subject to the terms of this licence you are granted a non-exclusive right to install and use JustData Lite on a single machine and make a single copy of JustData Lite for backup purposes only.  JustData Lite is considered to be in use when it is in the memory of a computer or is otherwise stored in a machine.  JustSoft may, if all licence fees have been paid in full and at its sole discretion, from time to time, provide you with codes to enable you to use JustData Lite. 

2.	Your obligations.  You hereby undertake: not to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute JustData Lite or its documentation other than as expressly authorised by this licence; not to use JustData Lite for or in connection with a service bureau operation; to supervise and control the use of JustData Lite in accordance with the terms of this licence; to ensure that your officers, employees, sub-contractors and other agents who have authorised access to JustData Lite are made aware of the terms of this licence; not to provide or otherwise make available JustData Lite in any form to any person; and to advise JustSoft in writing within seven (7) days of you becoming aware of any person using JustData Lite who is not licensed by JustSoft to do so.  You acknowledge that copyright subsists in JustData Lite and any documentation and belongs to JustSoft.  You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright.  You shall indemnify JustSoft fully against all liabilities, costs (on a solicitor and own client basis) and expenses, which JustSoft may incur to a third party as a result of your breach of any of the provisions of this agreement.

3.	Support. JustSoft may from time to time make available support services and other assistance in relation to JustData Lite.  Should you wish to use such services then you agree to pay the then published rates of JustSoft in relation to such services which are supplied pursuant to the terms and conditions set out in this agreement.  Any period of support notified in the published rates shall be automatically renewed unless either a party advises the other party in writing or by email that it does not intend to continue with such support prior to the expiration of the term. JustSoft reserves the right to suspend the provision of services unless its accounts are promptly paid.

4.	Upgrades.  Other than that set out under Support, nothing in this agreement imposes an obligation on JustSoft to rectify any software or documentation errors in JustData Lite or to provide you with any corrections, modifications, enhancements or other form of upgrades in relation to JustData Lite.

5.	Disclaimer and acknowledgments.  You acknowledge that: the creation of test and live data is a complex process and JustData Lite is not designed as a substitute in any way for professional advice as to the financial or legal implications of any situation or dealing in which you have been or will be a party. Data produced by JustData Lite is completely fictional.  However, there is a chance that real data may be produced.  Accordingly, care should be used in relation to publication of data produced by JustData Lite.  Supplied with JustData Lite are certain operating instructions and a failure to follow these instructions carefully could result in erroneous data being produced by JustData Lite. You should check all final results provided by JustData Lite for any anomalies.  JustData Lite does not check for all anomalies and data incorrectly entered may be processed without question. JustData Lite is licensed to you on the understanding that, subject to the warranties below, JustSoft is not responsible for the results of any actions taken, either by you or a third party relying on figures supplied or not supplied by JustData Lite.

6.	Limited Warranty.  JustSoft warrants that JustData Lite will comply with its published documentation from time to time.  JustSoft shall replace or replace JustData Lite subject to notification of the defect within thirty (30) days of the date of the commencement of this licence and this shall be your sole remedy for any such defect.  JustData Lite and any documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded.  Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement.  However, the liability of JustSoft for any breach of such term shall if permitted by that legislation be limited, at JustSoft's option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.

7.	Limitation of Liability.  Except for personal injury (including sickness and death) and the Limited Warranty, JustSoft shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this agreement or the failure or omission on the part of JustSoft to comply with its obligations under this agreement.

8.	Duration.  The licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy JustData Lite and documentation for any reason.  Upon termination, you or your representative shall destroy any remaining copies of JustData Lite and documentation or otherwise return or dispose of such material in the manner directed by JustSoft.  Termination pursuant to this clause shall not affect any rights or remedies, which JustSoft may have otherwise under this licence or at law. 

9.	Licence Fees. To the extent permitted by law, the licence fee does not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any GST, stamp duty or otherwise.  To the extent permitted by law, you are responsible for such taxes, charges, levies and duties.

10.	Assignment.  You may only transfer all your rights and obligations under this licence to another party if you supply to the transferee a copy of this agreement, the licence information and all other documentation including proof of ownership and the original supply diskettes or media unaltered in any way.  Your licence is then terminated.  If JustData Lite is licensed in multiples of two or more (for example a pack) it may only be transferred in its entirety.  Individual licences to such components cannot be transferred.

11.	Waiver.  Failure or neglect by JustSoft to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of JustSoft's rights under this licence.

12.	Severability.  If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.

13.	Entire Agreement.  This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement.  Any prior arrangements, agreements, representations or undertakings are superseded.  No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.

14.	Year 2000.  JustData Lite has been tested by JustSoft Pty Ltd for Year 2000 (Y2K) compliance and this program is, to the best of our knowledge Year 2000 compliant.  JustData Lite creates dates based on the user's specific data input instructions, it does not process dates.  JustData Lite is Year 2000 compliant when it is used with accurate date data and with four character date formatting for the year portion of the date value eg: dd/mm/yyyy or mm/dd/yyyy or yyyy/mm/dd, in accordance with its documentation.  In the event that JustData Lite is used to create date values with formatting other than eg: dd/mm/yyyy or mm/dd/yyyy or yyyy/mm/dd, then JustSoft Pty Ltd or any of their agents accepts no responsiblity for the consequences of the test or live data created.  This Statement does not constitute a warranty or extend the terms of any existing warranty.

15.	Governing law.  This agreement will be governed by and construed according to the law of the State of Victoria, Australia.  The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.  This agreement is deemed to have been made in Victoria, Australia. 

© 1999 JustSoft Pty Ltd ACN 070 935 429. All rights Reserved.

Copyright.  This manual is copyright and may not be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine readable form, in whole or part, without the prior written consent of JustSoft.

Details
JustSoft Pty Ltd
ACN 070 935 429
Wheelers Hill 3150
Melbourne, Victoria
Australia

August 1999
