End User License Agreement 

Summary of Key Provisions

1.  Grant of Limited License. Non-exclusive right, during the term of this Agreement, to install and use the Software in object code format on your single Product.

2.  Copies of Documentation.  One (1) electronic or paper copy of the Documentation solely for your internal use, provided that the copy is not distributed outside your premises.

3.  Ownership of the Software.  ThinLinX and our Suppliers retain all rights.

4.  Restrictions. You may not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the Software's source code or, except as expressly allowed in this Agreement, (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer access to the Software to any third party.

5.  Limited Right to Transfer the Software. Only if (a) Software and Product entirely transferred and (b) the transferee agrees in writing to the terms and conditions of this Agreement.

6.  Termination of License. Automatically if you fail to comply with any term of this Agreement. Any copy of the Software to be destroyed or returned.

7.  Limited Warranty and Disclaimer. Sole warranty:  Software's media free from defects in material or workmanship on the date of delivery; downloadable installation will install per installation instructions. Sole remedy is repair or replacement of the Software media, in our sole discretion. 

Otherwise, the Software is AS-IS and standard warranties are expressly disclaimed.

8.  Limitation of Liability. Customary disclaimer of incidental/consequential damages. Damages will not exceed amount paid for the Product.

9.  Entire Agreement. This is the sole agreement.

10. Governing Law. Queensland Australia, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods, with exclusive jurisdiction in Queensland, Australia. 

11. Force Majeure. Delays in Licensor's performance excused due to causes beyond Licensor's control.

12. Severability. If any provision of this Agreement is to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

13. Export Restrictions. You agree to abide by all Australian laws regarding the export or transmitting of software to foreign countries

14. Third Party Beneficiaries. Licensor's Suppliers are intended to be third party beneficiaries of this Agreement.

For the ThinLinX Management Software

Thank you for purchasing this ThinLinX product (the "Product"). To use your Product, you will need to install the ThinLinX management software and related documentation (the "Software").

PLEASE READ CAREFULLY THIS IMPORTANT END USER LICENSE AGREEMENT (THE "AGREEMENT"). This Agreement is a legal contract and contains the terms under which ThinLinX Pty Ltd, an Australian private limited liability company (referred to in this Agreement as "we", "us", and "Licensor") and our licensors and suppliers (collectively, our "Suppliers"), as the owners of the Software, will license the Software to you.

We will license the Software only if you accept all of the terms of this Agreement. By installing, downloading, unsealing, copying, or using the Software in any manner, you are telling us you agree to be legally bound by this Agreement.

This Agreement applies to any software we provide you to update or supplement the Software, unless alternative license terms are provided with such update or supplement.

If you do not agree to these terms, please contact us without delay at [Email address or phone number] so that you may return the unused Product and all related materials. 

1.  Grant of Limited License.  We grant you a non-exclusive right, during the term of this Agreement, to install and use the Software in object code format on your single Product. If you wish to use the Software on more than one computer or server, you may do so if you purchase from us additional licenses of the Software. 

2.  Copies of Documentation.  You may make one (1) electronic or paper copy of documentation we supply with the Software (the "Documentation") solely for your internal use, provided that the copy is not distributed outside your premises.

3.  Ownership of the Software.  We and our Suppliers retain all rights to the Software not specifically granted in this Agreement. We and our Suppliers own the Software and all related copyright and other intellectual property rights, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Software or any updates or derivative works. The Software is protected by Australian laws and international treaty provisions. You may copy and use the Software only as expressly permitted in this Agreement. You agree to maintain all proprietary marks, legends, and copyright notices of the Software on any copies of the Documentation you make.

4.  Restrictions. To the maximum extent permitted by law, you agree to not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the Software's source code or, except as expressly allowed in this Agreement, (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer access to the Software to any third party.

5.  Limited Right to Transfer the Software. You may permanently transfer all of your rights under this Agreement only if (a) you retain no copy or previous version of the Software, (b) you transfer the entire Product (including without limitation all parts, media, upgrades, materials, this Agreement, and other documentation we may require from time to time), and (c) the transferee agrees in writing to the terms and conditions of this Agreement. Otherwise, you may not sublicense, assign or transfer the Software.

6.  Termination of License. This Agreement and your license to the Software will terminate automatically if you fail to comply with any term of this Agreement. Upon any termination, you agree to promptly destroy any copy of the Software or return to us all such copies.

7.  Limited Warranty and Disclaimer. We warrant to you that, as may be applicable to you, (a) the media on which the Software is shipped will be free from defects in material or workmanship on the date of delivery or (b) the downloadable installation of the Software will install as described in the installation instructions. This is the sole and exclusive warranty related to the Software, and your sole and exclusive remedy is limited to repair or replacement of the Software media, in our sole discretion. 

OTHER THAN THE FOREGOING LIMITED WARRANTY, THE SOFTWRE IS PROVIDED "AS IS" WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. LICENSOR HEREBY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE. SOME STATES AND COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.

THE LIMITED WARRANTY SET FORTH ABOVE IS YOUR SOLE REMEDY WITH REGARD TO THE SOFTWARE. SUCH WARRANTY AND THE DISCLAIMER SET FORTH ABOVE ARE EXCLUSIVE AND REPLACE ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO RESELLER, DISTRIBUTOR, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATION OR EXTENSION. 

8.  Limitation of Liability. 

IN NO EVENT WILL LICENSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSSES FROM BUSINESS INTERRUPTION OR FROM LOST PROFITS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR AND ITS SUPPLIERS FOR DAMAGES OF ANY NATURE EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE PRODUCT CAUSING THE CLAIM, IF THE LIABILITY RESULTS THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.  Entire Agreement. This is the sole agreement regarding the subject matter and supersedes any prior statement or agreement, oral or written. No reseller, distributor, agent, or employee of Licensor is authorized to modify this Agreement or to make any warranty or representation that is different from those in this Agreement.

10. Governing Law. This Agreement shall be governed by the laws of the State of Queensland, Australia, without regard to its conflict of laws principles, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods, with exclusive jurisdiction in Queensland, Australia. 

11. Force Majeure. If Licensor's performance is prevented, hindered, or otherwise made impractical because of weather, strike, terrorism, telecommunications disruption, acts of government, or any other cause beyond Licensor's control, Licensor will be excused from performing to the extent and as long as its performance is so affected.

12. 1. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect without being impaired in any way, and the parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.

13. Export Restrictions. You agree to abide by all Australian laws regarding the export or transmitting of software to foreign countries

14. Third Party Beneficiaries. Licensor's Suppliers are intended to be third party beneficiaries of this Agreement.
