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"
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
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
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
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
Telephone: +61 2 6282 7488
Facsimile: +61 2 6282 7588