By clicking the Download button at the bottom of the page you agree to the following license terms:
Cybernostics hereby grants to you a perpetual, non-exclusive, limited license to use the Cybernostics AutoSubscription Addin for Microsoft Outlook (hereafter refered to as A.S), as set forth in this Agreement.
You shall not modify, copy, duplicate, reproduce, license or sublicense A.S, or transfer or convey A.S or any right in A.S to anyone else without the prior written consent of Cybernostics; provided that you may make one copy of A.S for backup or archival purposes.
You are free to try AutoSubscription for a period of up to 30 days. After that time the licence fee is payable.
In consideration for the grant of the license and the use of A.S, you agrees to pay Cybernostics a licencing fee. For site licencing fees refer to the specifiied on the AutoSubscription Licencing Guide For a single machine single installation, the fee fee payable shall be AU$25.00 .
Cybernostics hereby represents and warrants to you that Cybernostics is the owner of A.S or otherwise has the right to grant to you the rights set forth in this Agreement.
For a period of 12 months following download of A.S to you (the "Warranty Period"), Cybernostics warrants that A.S shall perform in all material respects as described by Cybernostics's on the A.S home page when used with the appropriate computer equipment.
In the event of any breach or alleged breach of this warranty, your sole remedy shall be that Cybernostics shall correct A.S so that it operates according to the warranty. This warranty shall not apply to A.S if modified by anyone or if used improperly or on an operating environment not approved by Cybernostics.
Standard maintenance. During the Warranty Period, Cybernostics shall provide to you any updated version of A.S as created by Cybernostics. Such enhancement shall include all modifications to A.S which increase the speed, efficiency or reliability of A.S, but shall not include any substantially new or rewritten version of A.S.
Where the purchase of A.S. is for use within Australia, the purchase price shall be inclusive of GST.
Cybernostics' WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Cybernostics shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Cybernostics was advised of the possibility of such losses in advance. In no event shall Cybernostics's liability hereunder exceed the amount of license fees paid by you, regardless of whether you's claim is based on contract, tort, strict liability, product liability or otherwise.
This Agreement shall be construed and enforced in accordance with the laws of the state of New South Wales, Australia.
Neither this Agreement nor any interest in this Agreement may be assigned by you without the prior express written approval of Cybernostics.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.