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This is a legally binding agreement between you (the Licensee) and Curtin University (Curtin).By installing and/or using this software, you are agreeing to become bound by the terms of this agreement.
1. Grant of Licence
1.1 Curtin University of Technology (hereinafter referred to as Curtin) hereby grants the Licensee, subject to Licensee's agreement to comply with the terms and conditions of this Licence Agreement, a non-exclusive licence to use ActUP V2.2L (hereinafter the "Software").
1.2 Unless otherwise agreed in writing, Curtin shall be under no obligation or responsibility to provide the Licensee with any training, maintenance services, enhancements or updates of the Software.
2. Acknowledgment by the Licensee
The Licensee acknowledges and agrees that it shall not:
1) Sell, let for hire, offer or exhibit or expose for sale or hire or otherwise distribute the Software for the purposes of trade, other than with the express permission of Curtin;
2) Independently distribute the Software (e.g., by way of a website, compilation CDROM, or any other distribution system), other than with the express permission of Curtin (please direct any interested users to the Curtin website for free download of the Software);
3) Authorise or assist any third party to do any of the acts set out in 1) or 2) above.
The Licensee agrees that:
1) Curtin remains the owner of all copyright and other intellectual property rights existing in the Software or written manuals;
2) Use of the Software must be properly cited in any publication based on results obtained with the Software. Any of the Licensee's documentation referring to results generated by the use of the Software will contain an acknowledgement of "Centre for Marine Science and Technology at Curtin University" as authors of the Software;
3) Curtin gives no warranties, expressed or implied, relating in any way to the Software.
The Licence shall terminate immediately upon the Licensee breaching any term or condition of this Agreement whether or not Curtin is aware of the occurrence of the breach at the time when it happens.Upon termination the Licensee shall destroy the written materials and all copies of the Software.
This agreement shall be governed by and construed in accordance with the laws of the State of Western Australia.
(4 June 2009)
I have read the Single User Licence Agreement and accept its terms.