WATTLE SOFTWARE END-USER LICENSE AGREEMENT

XMLwriter 2.0 BETA 2

1. GENERAL

This End-User License Agreement ("EULA") is a legal agreement between you and Wattle Software for the Wattle Software products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have. If The Software was purchased by you, and you have not installed, copied or otherwise used The Software, you may return it to Wattle Software for a full refund.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and always remains the property of Wattle Software.

2. LICENSING

If you have not paid the registration fee for The Software, you are hereby granted an evaluation license to use The Software as described in Sections 1, 2.1 and Sections 3 - 10 below.

If you have paid the registration fee for The Software, you are hereby granted a license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10 below.

2.1. EVALUATION LICENSE

You may:

 Subject to the terms of this EULA, use The Software for evaluation purposes without charge for a period of thirty (30) days only ("Evaluation Period"). The Evaluation Period commences when you first install or use The Software, and expires exactly thirty (30) days later.

You may not:

 Use The Software after the Evaluation Period has expired without payment of the registration fee to Wattle Software.

Use of The Software after the Evaluation Period has expired requires payment of a registration fee of $AUD 139 to Wattle Software. For more information about payment methods, please see ORDER.TXT, included with The Software.

Use of The Software after the Evaluation Period has expired is in violation of this EULA, and Australian and international copyright laws.

2.2. REGISTERED LICENSE

You may:

 Subject to the terms of this EULA, use one copy of The Software on one computer. The primary user of the computer on which The Software is installed may make a second copy for his or her exclusive use on a portable or home computer.

 You may also store or install a copy of The Software on a storage device, such as a network server, used only to install or run The Software on other computers over an internal network; however, you must acquire and dedicate a separate license for each separate computer on which The Software is installed or run from the storage device. A license for The Software may not be shared or used concurrently on different computers.

You may not:

 Disclose to third parties, or publish your registration details via electronic or other means.

3. RESTRICTIONS

You may not 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.

You may not rent, lease, or lend The Software except as described in Section 7 below.

4. TRANSFER OF RIGHTS

You may permanently transfer all of your rights under this EULA, provided you retain no copies of The Software, you transfer all of The Software (including all component parts, documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If The Software is an upgrade, any transfer must include all prior versions of The Software.

5. TERMINATION

Without prejudice to any other rights, Wattle Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The Software.

6. COPYRIGHT

All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Wattle Software. All title and intellectual property rights in and to the content which may be accessed through use of The Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Wattle Software.

7. LIMITED WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATTLE SOFTWARE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
WATTLE SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

8. LIMITATIONS OF REMEDIES AND LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATTLE SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WATTLE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WATTLE SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $AUD 5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. DISTRIBUTION

You are prohibited from distributing this Beta version of The Software to any third party by any means, electronic or otherwise.

10. JURISDICTION

This EULA shall be governed by the laws of New South Wales, Australia.


