Terms And Conditions
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED
SOFTWARE ("SOFTWARE") PRODUCED BY HYPERDYNE SOFTWARE
("HYPERDYNE SOFTWARE"). BY CLICKING THE ACCEPT BUTTON
OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL
OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME
A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT
INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS
AGREEMENT AND DO NOT INSTALL THE SOFTWARE. (IF
APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.)
1. License Grant. Subject to the payment of the
applicable license fees, and subject to the terms
and conditions of this Agreement, Hyperdyne
Software hereby grants to you a non-exclusive, non-
transferable right to use one copy of the specified
version of the Software and the accompanying
documentation (the "Documentation"). You may
install one copy of the Software on one computer,
workstation, personal digital assistant, pager,
"smart phone" or other electronic device for which
the Software was designed (each, a "Client
Device"). If the Software is licensed as a suite or
bundle with more than one specified Software
products, this license applies to all such specified
Software products, subject to any restrictions or
usage terms specified on the applicable price list
or product packaging that apply to any of such
Software products individually.
a. Use. The Software is licensed as a single
product; it may not be used on more than one
Client Device or by more than one user, except as set
forth in this Section 1. Enterprise, corporate,
commercial, government, security, military, law enforcement,
medical, education and other volume users must obtain an
appropriate license from Hyperdyne Software.
The Software is "in use" on a computer when it is
loaded into the temporary memory (i.e., random-access
memory or RAM) or installed into the permanent
memory (e.g., hard disk, CD-ROM, or other storage
device) of that Client Device. This license
authorizes you to make one copy of the Software
solely for backup or archival purposes, provided
that the copy you make contains all of the
Software's proprietary notices.
b. Server-Mode Use. To the extent such use is
specified in the applicable product invoicing or
packaging for the Software, you may use the Software
on a Client Device or on or as a server ("Server")
within a multi-user or networked environment
("Server- Mode") for either (i) connecting, directly
or indirectly, to not more than the maximum number
of specified Client Devices, or (ii) deploying not
more than the maximum number of agents (pollers)
specified for deployment. If no such maximum number
is specified, this is a single product use license
subject to subsection (a) above. A separate license
is required for each Client Device or "seat" that
may connect to the Server at any time, regardless
of whether such licensed Client Devices or seats are
concurrently connected to or actually accessing or
using the Software. Use of software or hardware
that reduces the number of Client Devices or seats
directly accessing or utilizing the Software (e.g.,
"multiplexing" or "pooling" software or hardware)
does not reduce the number of licenses required
(i.e., the required number of licenses would equal
the number of distinct inputs to the multiplexing
or pooling software or hardware "front end"). If
the number of Client Devices or seats that can
connect to the Software can exceed the number of
licenses you have obtained, then you must have a
reasonable mechanism in place to ensure that your
use of the Software does not exceed the use limits
specified for the license you have obtained. This
license authorizes you to make or download one copy
of the Documentation for each Client Device or seat
that is licensed, provided that each such copy
contains all of the Documentation's proprietary
notices.
c. Volume Use. If the Software is
licensed with volume license terms specified in the
applicable product invoicing or packaging for the
Software, you may make, use and install as many
additional copies of the Software on the number of
Client Devices as the volume license terms
specify. You must have a reasonable mechanism in
place to ensure that the number of Client Devices
on which the Software has been installed does not
exceed the number of licenses you have obtained.
This license authorizes you to make or download
one copy of the Documentation for each additional
copy authorized by the volume license, provided
that each such copy contains all of the Documentation's
proprietary notices.
2. Term. This Agreement is effective for (2) years
unless you or Hyperdyne Software terminates the Agreement
earlier, in accordance with the terms set forth
herein. This Agreement will terminate automatically
if you fail to comply with any of the limitations
or other requirements described herein. When this
agreement terminates, you must destroy all copies
of the Software and the Documentation. You may
terminate this Agreement at any point by
destroying all copies of the Software and the
Documentation.
3. Updates. During the term of this
Agreement, you may download revisions, upgrades, or
updates to the Software when and as HyperDyne
Software publishes them via its electronic
bulletin board system, website or through other
online services.
4. Ownership Rights. The Software
is protected by Australian copyright laws and
international treaty provisions. Hyperdyne Software
and its suppliers own and retain all right, title
and interest in and to the Software, including all
copyrights, patents, trade secret rights,
trademarks and other intellectual property rights
therein. You acknowledge that your possession,
installation, or use of the Software does not
transfer to you any title to the intellectual
property in the Software, and that you will not
acquire any rights to the Software except as
expressly set forth in this Agreement. You agree
that any copies of the Software and Documentation
will contain the same proprietary notices which
appear on and in the Software and Documentation.
5. Restrictions. You may not rent, lease, loan or
resell the Software. You may not permit third
parties to benefit from the use or functionality of
the Software via a timesharing, service bureau or
other arrangement, except to the extent such use is
specified in the applicable price list, purchase
order, or product packaging for the Software. You
may not transfer any of the rights granted to you
under this Agreement. You may not reverse
engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is
expressly prohibited by applicable law. You may not
modify, or create derivative works based upon, the
Software in whole or in part. You may not copy the
Software or Documentation except as expressly
permitted in Section 1 above. You may not remove
any proprietary notices or labels on the Software.
All rights not expressly set forth hereunder are
reserved by Hyperdyne Software. Hyperdyne Software
reserves the right to periodically conduct audits
upon advance written notice to verify compliance
with the terms of this Agreement.
6. Warranty and Disclaimer
a. Limited Warranty. Hyperdyne Software warrants that for
sixty (60) days from the date of original purchase the media
(for example diskettes) on which the Software is contained
will be free from defects in materials and workmanship.
b. Customer Remedies. Hyperdyne Software' and its
suppliers' entire liability and your exclusive
remedy shall be, at Hyperdyne Software' option,
either (i) return of the purchase price paid for
the license, if any, or (ii) replacement of the
defective media in which the Software is contained
with a copy on nondefective media. You must return
the defective media to Hyperdyne Software at your
expense with a copy of your receipt. This limited
warranty is void if the defect has resulted from
accident, abuse, or misapplication. Any replacement
media will be warranted for the remainder of the
original warranty period. Outside Australia, this
remedy is not available to the extent Hyperdyne
Software is subject to restrictions under
Australian export control laws and regulations.
c. Warranty Disclaimer. To the maximum extent permitted
by applicable law, and except for the limited
warranty set forth herein, THE SOFTWARE IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING
PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING
THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND
FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING PROVISIONS, Hyperdyne Software MAKES NO
WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR
FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT
THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
Hyperdyne Software DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. The
foregoing provisions shall be enforceable to the
maximum extent permitted by applicable law.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL
HYPERDYNE SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
IN NO EVENT WILL HYPERDYNE SOFTWARE BE LIABLE
FOR DIRECT OR INDIRECT DAMAGES CAUSED BY THE ACCESSING
OR VIEWING OF INFORMATION OR MATERIALS, INCLUDING
DEFAMATORY, OFFENSIVE, ILLICIT OR ILLEGAL MATERIALS,
RELATED TO OR RESULTING FROM THE USE OF THIS SOFTWARE.
IN NO EVENT WILL HYPERDYNE SOFTWARE BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE HYPERDYNE
SOFTWARE CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF HYPERDYNE SOFTWARE SHALL HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.
8. High Risk Activities. The Software is not fault-
tolerant and is not designed or intended for use in
hazardous environments requiring fail-safe
performance, including without limitation, in the
operation of nuclear facilities, aircraft
navigation or communication systems, air traffic
control, weapons systems, direct life-support
machines, or any other application in which the
failure of the Software could lead directly to
death, personal injury, or severe physical or
property damage (collectively, "High Risk
Activities"). Hyperdyne Software expressly
disclaims any express or implied warranty of
fitness for High Risk Activities.
9. Miscellaneous. This Agreement is governed by the
laws of Australia and the State of
Queensland, without reference to conflict of laws
principles. The application of the United Nations
Convention of Contracts for the International Sale
of Goods is expressly excluded. This Agreement sets
forth all rights for the user of the Software and
is the entire agreement between the parties. This
agreement supersedes any other communications with
respect to the Software and Documentation. This
Agreement may not be modified except by a written
addendum issued by a duly authorized representative
of Hyperdyne Software. No provision hereof shall be
deemed waived unless such waiver shall be in
writing and signed by Hyperdyne Software or a duly
authorized representative of Hyperdyne Software. If
any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in
full force and effect. The parties confirm that it
is their wish that this Agreement has been written
in the English language only. Hyperdyne Software may
identify you as a customer of Hyperdyne Software
and describe in a mutually agreeable Customer Case
Study the services and solutions delivered by
Hyperdyne Software to you. Hyperdyne Software may
also issue one or more mutually agreeable press
releases containing an announcement of the
execution and delivery of this Agreement and/or the
implementation of the Products by you. No such
document or release shall include any information
considered Confidential by you. Your approval to
any such document or release shall not be
unreasonably withheld and shall be deemed given
unless you indicate otherwise in writing within ten
(10) days of delivery of the proposed document or
release.
10. Hyperdyne Software CUSTOMER CONTACT.
If you have any questions concerning these terms
and conditions, or if you would like to contact
Hyperdyne Software for any other reason, please
contact us using the form here:
http://www.hyperdynesoftware.com/contact.html
Refund Policy
Hyperdyne Software strongly believes that customers should have the right to evaluate software before purchasing;
to evaluate the software for themselves, on their own system. To that end, Hyperdyne Software provides trial software,
available at no cost, for the purpose. For home user products, trial software can be downloaded from this website without any requirement to sign up,
create an account, or supply personal or credit card details. For enterprise products, trial software is made available
to clients on an individual basis.
Purchased software for which unlock keys have been delivered to the customer, either
by email, regular mail or by other means, cannot in general, be refunded. Under certain circumstances,
at the sole discretion of Hyperdyne Software, we (Hyperdyne Software) may elect to grant a refund if:
a) we have been provided reasonable opportunity to assist the customer in solving outstanding issues
b) we feel that following these attempts, there can be no satisfactory resolution to the customer's concerns
c) the customer supplies us with a statutory declaration, via email, to the effect that they will delete,
and will make no attempt to subsequently use, the refunded software
We feel that this is reasonable because we make trial software freely available on our website, for evaluation prior to purchase; and because
issuing of an unlock code cannot be reversed.
In any case, we request that the customer
contact technical support in the first instance, and allow us to try and solve any problems amicably,
since most customer reported issues have known solutions, and can be easily solved.