Pink Software Licence Agreement
Pink Software (Pty) Ltd ("Pink") grants you a licence to use the TurboCASH Accounting Program enclosed in this sealed package ("The Software") only if you agree to be bound by all the terms and conditions contained in this licence agreement ("The Terms and Conditions"). Please read the terms and conditions carefully before opening this sealed package, as by opening this package, you agree to be bound by all the terms and conditions. If you do not agree to be bound by all the terms and condition, you are not granted any licence by Pink in respect of the software, and you must return this unopened package, with all accompanying material, to the dealer from whom it was acquired.
1. Grant of the licence
1.1 Pink is the sole owner of the intellectual property rights (including, without limitation, the copyright) in the Software.
1.2 By opening this package, you agree to be bound by the terms and conditions, subject to which Pink grant you a non exclusive licence to use the software.
2.1 You are entitled to:
Use one copy of the Software on a single computer; use the Software on a network, provided that you have obtained a licence in respect of each computer that can access the Software by means of that network; make one copy of the Software for archival or backup , or to transfer the Software onto the hard disk of your computer and retain the original for these purposes.; if this package contains more than one copy of the Software, use only one of those copies on a single computer, as you are not entitled to use the one copy on one computer, and another on a separate computer.
2.2 You are not entitled to:
Assign, sub-licence, rent, lease, pledge, or otherwise deal in, transfer or encumber the Software, in whole or in part; decompile ; reverse engineer or disassemble the whole or any part of the Software in form of computer language, nor otherwise derive source code for the whole or any part of the Software; subject to paragraph 2.3, in any manner or form copy or otherwise reproduce, translate, modify or enhance, whether in whole or part, the Software or the accompanying documentation; use a previous version or copy of the software after you have received a replacement disk or an upgraded version as a replacement of the previous version, which previous version or copy must be destroyed.
2.3 You shall notify, any employee, agent or other third party who will use the Software, of the Terms and Conditions before that employee or party uses the Software.
3.1 Pink warrants only that the media on which the Software is stored will be free from defects in materials and workmanship under normal use for a period of 60 days, commencing on the date on which you acquire the Software. Your sole remedy arising from a breach of this warranty is that Pink shall, at its option, replace any defective media returned to Pink within the warranty period, or refund the money you paid for the Software. Pink does not warrant that the Software will meet your requirements, that operation of the Software will be error free.
3.2 The above warranty is exclusive and in lieu of all other warranties (including without limitation, warranties of merchantability, fitness for a particular purpose and non infringement ), representations, guarantees, indemnities, whether express or implied and whether arising by law, custom, prior approval or written statements, or otherwise, which are expressly excluded.
4. Limitation of Liability
4.1 You assume the entire responsibility for the selection and use of the Software and accompanying written material, for the use of the output thereof and for decision made and actions taken based on the output thereof.
4.2 Under no circumstances shall Pink be liable for loss of profits, consequential, direct or special damages, whether foreseeable or not, arising out of a breach or failure of the above warranty or any other provision of this licence agreement, or any commitment undertaken or performed under or in connection with this licence agreement, or otherwise. Without limiting the generalization of this paragraph, Pink shall not be liable for: loss of data, goodwill, use of money or products, system delays or downtime, or lost revenues, opportunities or profits; or any loss or damage which may arise out of the performance, or any use whatsoever, of the Software and accompanying written materials, including, without limitation, any loss of profits, consequential, indirect or special damages, whether foreseeable or not, whether or not any damage arise from negligence, misrepresentation or otherwise on the part of Pink.
4.3 Pink shall not be liable for any claims, liabilities, legal actions, judgments, damages, penalties, losses, costs and expenses, including attorney's fees, of whatever nature, which may be incurred by any third party arising from the licence granted in this licence agreement, and you indemnify Pink thereof.
4.4 Under no circumstance shall Pinks liability exceed the amount actually paid by you for the Software.
4.5 The above disclaimers and limitations shall apply irrespective of whether you agree to be bound by the Terns and conditions.
5.1 This licence agreement is governed by the laws of the Republic of South Africa.
5.2 If you have any questions concerning this licence agreement, or if you wish to contact Pink for any reason, please write to Pink Software (Pty) Ltd, Box 52631 Saxonwold, 2132, South Africa. Or contact as via email at email@example.com