VSoft Technologies Pty Ltd End User License Agreement
This software end user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VSoft Technologies Pty Ltd (VSoft). Read this document carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers. By installing, copying, or otherwise using the Software, you are confirming your acceptance of this EULA and agreeing to become bound by the terms and conditions of this license agreement. If you do not agree with the terms of this EULA, do not install or use the Software.
This EULA covers the following software products: “Automise Professional”, “ATCMD” and “Automise ActionStudio”, herein referred to as the Software.
Automise also incorporates binary files provided by Microsoft Corporation, herein referred to as IronPython files. These files are contained within the IronPython subdirectory of the program directory. The IronPython files are explicitly not covered by this EULA. Microsoft provides the IronPython files under the license described in the “License.html” file, found in the IronPython subdirectory.
1. Copyright and Ownership
This Software is owned by VSoft Technologies Pty Ltd and is protected by copyright laws and international copyright treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes.
Virtual Machine – a single instance of an operating system running in a "virtualized" computer.
Site – all of the licensing organisation’s locations within a 10km (6 mile) radius.
Build Machine – a computer where the Software is installed for the purpose of running unattended or scheduled builds.
3. Grant of License
The licenses granted in this section are subject to the terms and conditions set forth in this EULA. Upon acceptance of this Agreement, VSoft grants you a non-exclusive, non-transferable, limited license to install and use the Software. You may install and use the Software as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the payment receipt and is also displayed in the About dialog in the Software.
4.1 Professional: Professional edition licenses provide the complete functionality of the Software including all actions, the Integrated Development Environment (IDE) and ActionStudio. The Professional edition is available in Named, Floating and Enterprise licenses and is subject to the restrictions of these licenses.
4.2 ATCMD Run-time: ATCMD run-time licensing facilitates large scale distribution of Automise’s full functionality. The ATCMD Run-time edition allows Automise projects to be scheduled and triggered to run on remote computers; however, these licenses do not provide the full Automise IDE for creating projects. ATCMD Run-time edition is provided under the ATCMD Run-Time license described below.
5. License Types
5.1 Named User License: Under the terms of a Named User License, one named user is permitted to use the software. A Named User is a specific individual designated by you to use the Software. A non-human operated device is counted as a Named User if the device utilizes the Software. A Named User License may not be used concurrently on different computers. The Named user may install a reasonable number of copies of the Software, for example on a Desktop and Laptop computer, provided that the specified Named User is the only individual that uses the Software.
5.2 Floating User License: Under the terms of a Floating User License, you may distribute and install internally within one Site in your organisation up to 10 copies of the Software for each Floating User License provided the number of users accessing or using the Software simultaneously does not exceed the Floating User Licenses purchased for such use. Floating User licenses are only available for Automise Professional edition.
5.3 Enterprise License: is provided on a case-by-case basis to provide a combination of licenses suitable to an organisation's needs. Enterprise licenses may include Automise Professional Named licenses, Automise Professional Floating User licenses and ATCMD run-time only licenses.
5.4 ATCMD Run-Time License: provides access to a run-time version of the command-line version of the Software. Under the terms of an ATCMD Run-Time License, one entity is permitted to use the software. An entity is a specific individual designated by you to use the Software. A non-human operated device is counted as an entity if the device utilizes the Software. A single ATCMD Run-Time License may not be used concurrently on different computers.
5.5 Trial License: Under the terms of a Trial License you may use the Software for Evaluation purposes only. You may use the Software to test whether it meets your requirements. The Software is equipped with a mechanism that prevents the usage of the Software after a certain period of time has elapsed. You agree that you will delete the Software from all computers systems to which you have installed it when this date has been reached, or purchase a license to allow you to continue using the Software.
5.6 Not For Resale License (NFR): Under the terms of a Not For Resale License the Software may be installed and used by the licensed user only for the purpose of reviewing or evaluating the Software. Not For Resale Licenses may not be used for commercial, professional, or for-profit purposes.
6. License Restrictions
The following license restrictions apply, except to the extent where contrary to applicable law.
6.1 The Software product is licensed, not sold. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, reverse engineer, or disassemble the Software for any purpose.
6.2 You may not transfer your rights or license to another person or entity without written permission from VSoft.
6.3 VSoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA and you must destroy all copies of the Software.
6.4 The Software License key file may not be distributed, modified or decrypted.
7. License Enforcement and Software Updates
7.1 The Software may utilise your internal network connection to prevent intentional or unintentional violation of your license agreement by communicating with other running instances of the Software.
7.2 The Software may utilise your Internet connection for the purposes of determining if a new version of the Software is available. No personal details or license information is transmitted during this process.
8. Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO THE APPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE SOFTWARE AND ALL OTHER RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE AND DOCUMENTATION. VSOFT DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. VSOFT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSE.
9. Limitation of Liability
VSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF VSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VSOFT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF VSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. VSOFT’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
You agree to be identified as a customer of VSoft and agree that VSoft may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in VSoft’s marketing materials and web site. You hereby grant VSoft a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to VSoft pursuant to this marketing section.
This Agreement is governed by the laws of the Australian Capital Territory, Australia. If any provision of this Agreement is invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, to give effect to the parties' intention, and the other provisions shall continue in full force and effect. You acknowledge that this license constitutes the entire agreement between the parties, and supersedes any proposal, representation or prior agreement, oral or written, and any other communications. If this Software was acquired outside Australia, then local laws may apply.
Should you have any questions concerning this EULA, or if you desire to contact VSoft for any reason, please contact us directly:
Postal: PO Box 126, Erindale Centre, ACT 2903