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Worlddo User License

READ CAREFULLY: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE WORLDDO SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE SOFTWARE.

Worlddo® ("Worlddo") is licensed, not sold, to you ("Licensee") by worlddo.com Pty Ltd ("worlddo.com") for use only under the terms and conditions provided by worlddo.com (collectively, "License").

1. Worlddo License

a. Upon payment of all applicable fees and subject to the terms of this License, worlddo.com grants to Licensee a non-exclusive, perpetual (unless terminated under paragraph 9) license to use Worlddo.

b. Licensee shall be solely responsible for all expenses incurred in the downloading, copying and installation of Worlddo by Licensee.

c. Licensee agrees that worlddo.com can refuse sale of Worlddo or User Licenses to use Worlddo to any person for any reason.

d. The terms and conditions of this License can change at any time upon worlddo.com's discretion for any reason. Check this page and the Worlddo Web Site regularly for amendments.

2. User Licenses

a. User and Client Licenses are concurrent, nontransferable licenses to use Worlddo. Worlddo User Licenses are domain or IP address specific and nontransferable licenses.

b. Licensee must purchase User Licenses from worlddo.com for all concurrent users using Worlddo in accordance with the going rates set by worlddo.com at its Worlddo Web Site, changed and set in worlddo.com's discretion and from time to time, and will be paid directly to worlddo.com.

c. Licensee shall not illegally obtain a copy of Worlddo for the purposes of avoiding license payments.

d. Licensee agrees that the provisions of this License may be modified for any individual by special terms (“Special Terms”), and Licensee agrees to abide by such Special Terms for any such Worlddo used by Licensee.

3. Limited Warranty

worlddo.com warrants for a period of thirty (30) days from the date of purchase of Worlddo that Worlddo as provided by worlddo.com will substantially conform to the functionality of the Demo available on the Worlddo Web Site, on condition that Licensee has followed requisite system requirements displayed on the Worlddo Web Site and in documentation to run Worlddo. worlddo.com’s entire liability and Licensee’s sole and exclusive remedy for any breach of the foregoing limited warranty will be, at worlddo.com’s option, (1) replacement of the media, (2) refund of the purchase price, or (3) repair or replacement of Worlddo.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY WORLDDO.COM AND WORLDDO.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTERFERENCE WITH LICENSEE'S ENJOYMENT OF WORLDDO OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY WORLDDO. WORLDDO.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN WORLDDO WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF WORLDDO WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN WORLDDO WILL BE CORRECTED. FURTHERMORE WORLDDO.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF WORLDDO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WORLDDO.COM, OR AN AUTHORIZED REPRESENTATIVE OF WORLDDO.COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

WORLDDO IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, ENERGY FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATIONS SYSTEMS, OR AIR TRAFFIC CONTROL OR SIMILAR ACTIVITIES IN WHICH CASE THE FAILURE OF WORLDDO COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

4. Limitation of Remedies and Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WORLDDO.COM, OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE WORLDDO, EVEN IF WORLDDO.COM, ITS LICENSORS OR AN AUTHORIZED REPRESENTATIVE OF WORLDDO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall worlddo.com’s or its licensors’ total liability for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid under this License. THE ABOVE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. The parties agree that this limitation of remedies and damages provision shall be enforced independently of and survive the failure of essential purpose of any warranty remedy.

5. Non-Disclosure Agreement (NDA)

Information, know-how and data relating to the Worlddo Source Code is hereby identified by worlddo.com as "Confidential Information." Licensee must not disclose any Confidential Information to any other person, except for Licensee's employees with a legitimate need-to-know provided that they comply with this restriction. Licensee and its employees must not make any disclosure or statement covering the Confidential Information, this License or the subject matter hereof without first obtaining worlddo.com's prior written consent.

6. No Reverse Engineering

EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY THIS LICENSE AND ANY APPLICABLE LAW(S), LICENSEE SHALL NOT COPY, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE WORLDDO, OR CREATE DERIVATIVE WORKS BASED UPON WORLDDO FOR THE PURPOSE OF OR WITH THE EFFECT OF AVOIDING ANY DULY OWING USER LICENSE PAYMENTS TO WORLDDO.COM FOR THE USE OF WORLDDO BY, INTER-ALIA, BY-PASSING THE LICENSE KEY MANAGEMENT SYSTEM IN WORLDDO.

7. Installing and Customizing Worlddo

a. If any breach of this License by Licensee continues for more than fifteen (15) days after the Licensee has received written notice of such breach by worlddo.com, worlddo.com may terminate this License by written notice to Licensee, whereupon this License and all rights granted to Licensee herein shall immediately cease.

b. If Licensee is legally recognized as bankrupt in any jurisdiction, this License will automatically be terminated upon the instance of bankruptcy.

c. Licensee may terminate this License at any time by providing written notice to worlddo.com. In the event of any termination of this License, Licensee shall promptly return to worlddo.com all copies of Worlddo or verify in writing that all copies of Worlddo have been destroyed without refund.

d. Provisions contained in paragraphs 2, 3, 4, 5, 6, 7 and 8shall survive termination or cancellation of this License.

10. General Terms.

This License shall be governed by the laws of Australia and the State of Queensland, Australia, regardless of where Worlddo is used or installed, or location of Licensee or other third parties. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. This License, the Special Terms and any executed Addenda constitute the entire agreement between the parties concerning the subject matter. Any waiver or amendment of any provision of this License or the Special Terms shall be effective only if in writing and signed by an authorized representative of both parties. worlddo.com’s offer to grant Licensee this license is expressly limited to the terms of this License and the Special Terms, and any proposals for additional or different terms, including but not limited to the terms set forth in any purchase order, are hereby rejected.

11. Change Terms of License

worlddo.com reserves the right to change the terms of this License at any time for any reason in the discretion of worlddo.com.

Date last updated: 7.12.04

 


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