License

License

TICKET 2000 License Agreement

IMPORTANT – READ CAREFULLY. This HEXCOM End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and HEXCOM Software Ltd for the TICKET Labelling and Barcoding software (TICKET or TICKET PRODUCT), which includes computer software, associated media, printed materials, and on-line electronic documentation. For the purposes of this agreement, the term TICKET also includes any updates and supplements to the original TICKET provided to you by HEXCOM. By installing, copying, downloading, accessing or otherwise using TICKET, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use TICKET. You may return it to your place of purchase for a full refund (Disc pack must be unopened).
SOFTWARE LICENSE
The TICKET PRODUCT is protected by copyright laws and international copyright treaties. TICKET is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
Systems Software. You may install and use one copy of the TICKET PRODUCT on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER").
Storage/Network Use. You may also store or install a copy of TICKET on a storage device, such as a network server, used only to install or run TICKET on your other COMPUTERS over an internal network; however, you must acquire and dedicate a License for each separate COMPUTER on or from which TICKET is installed, used, accessed, displayed or run. A license for TICKET may not be shared or used concurrently on different COMPUTERS.
License Pack. If this package is a HEXCOM License Pack, you may install and use additional copies of the computer software portion of TICKET up to the number of copies specified as "Licensed Copies". If the number of "Licensed Copies" is not specified, then the Licensed Copies is 1 (one).
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. If TICKET is labeled "Not For Resale" or "NFR" then, notwithstanding other sections of this EULA, your use of TICKET is limited to use for demonstration, test or evaluation purposes and you may not resell, or otherwise transfer for value, the TICKET PRODUCT.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble TICKET, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of TICKET.
Distribution. You may not distribute copies of TICKET to third parties.
Rental. You may not rent, lease, or lend TICKET.
Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Compliance with Applicable Laws. You must comply with all applicable laws regarding use of TICKET.
3. SUPPORT SERVICES.
HEXCOM may provide you with support services related to TICKET ("Support Services"). Any supplemental software provided to you as part of the Support Services shall be considered part of the TICKET PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to HEXCOM as part of the Support Services, HEXCOM may use such information for its business purposes, including for product support and development. HEXCOM will not utilise such technical information in a form that personally identifies you.
4. TERMINATION.
Without prejudice to any other rights, HEXCOM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the TICKET PRODUCT in your possession.
5. UPGRADES.
If the TICKET PRODUCT is labelled as an upgrade, you must be properly licensed to use a product identified by HEXCOM as being eligible for the upgrade in order to use the TICKET PRODUCT. A TICKET PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the TICKET PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the TICKET PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6. COPYRIGHT.
All title, including but not limited to copyrights, in and to the TICKET PRODUCT and any copies thereof are owned by HEXCOM or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of TICKET is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by HEXCOM.
7. LIMITED WARRANTY.
HEXCOM warrants that (a) the TICKET PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by HEXCOM shall be substantially as described in applicable written materials provided to you by HEXCOM, and HEXCOM support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the TICKET PRODUCT, if any, are limited to ninety (90) days. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
8. CUSTOMER REMEDIES.
HEXCOM's and its suppliers' entire liability and your exclusive remedy shall be, at HEXCOM's option, either (a) return of the price paid, if any, or (b) repair or replacement of the TICKET PRODUCT that does not meet HEXCOM 's Limited Warranty and that is returned to HEXCOM with a copy of your receipt. This Limited Warranty is void if failure of the TICKET PRODUCT has resulted from accident, abuse, or misapplication. Any replacement TICKET PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9. NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXCOM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEXCOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HEXCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HEXCOM'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. CONSUMER GUARANTEES ACT (CGA) – NEW ZEALAND ONLY.
The provisions of the CGA shall not apply to the purchase and use of TICKET or any upgrades, modification or supporting documentation for TICKET when the TICKET PRODUCT has been purchased for business purposes. HEXCOM and its dealers and agents accept no liability under the CGA unless specifically stated in the above terms of the License agreement.
1999-2000 HEXCOM SOFTWARE LTD. CHRISTCHURCH, NZ. Email: LEGAL@HEXCOM.COM