Comsec TR LICENCE AGREEMENT

Contents

1. Notice
2. Licence & Disclaimer
3. Disclaimer of Damages
4. Compliance of Applicable Law
5. Termination
6. Copyright Notice
7. Trademarks
8. General
9. Notice to Users of the Comsec TR Web Sites
10. Information on Licensing

Notice
Comsec TR Pty Ltd. ("Comsec") licenses the accompanying software only upon the condition that all of the terms contained in this licence agreement are accepted. Please read the terms carefully before using the software. If you do not agree to these terms, Comsec TR is unwilling to license the software to you, in which event you should please delete the software. Software includes, but is not limited to, any files downloaded from Comsec TR WWW sites.


Licence & Disclaimer
The software and hardware described in this document are furnished under a licence agreement and may be used only in accordance with the terms of the agreement. The software which accompanies all Comsec products is the property of Comsec TR Pty Ltd. ABN 40 051 658569, and is protected by copyright law. While Comsec TR continues to own the software, you will have certain limited rights to use the software after your acceptance of this licence. Except as may be modified by a licence addendum which accompanies this licence, your rights and obligations with respect to the use of this software are as follows

No person can:

• Reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the software and related operating system, or create derivative works from the software; or
• Attempt to use, or use any password on any ACTS MPC or ACTS DRS without express individual use approval from Comsec TR,
• Sub-licence, rent or lease any portion of the software without the express approval of Comsec TR.
• Distribute the software by any means without the express approval of Comsec TR, charge any amount for distributing the software, or distribute the software as part of, or in a bundle or package with, any other product;

The developer, Comsec TR Pty Ltd., has adopted a policy to continue the development of all Comsec products and therefore variations between the documentation and the operating system may occur at any time.


Disclaimer of Damages
Regardless of whether any remedy set forth herein fails in its essential purpose, in no event will Comsec be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use of, or inability to use, the software even if Comsec has been advised of the possibility of such damages.

Comsec reserves the right to revise this document for any reason, including, but not limited to, reasons relating to conformity with relevant international and national standards, application of advances in technology, the commercial availability of communications systems or changing customer demands.

Whilst every endeavour has been made to ensure the accuracy of this material, Comsec does not assume responsibility for any errors nor for any consequences arising from any errors.


Compliance of Applicable Law
You agree to abide by the copyright law and all other applicable laws where the software may be distributed, including, but not limited to, export control laws. You specifically acknowledge that the software may not be exported from Australia unless permitted within your purchase agreement. You acknowledge that the software in source code form remains a confidential trade secret of Comsec and/or its suppliers, and therefore you agree not to modify the software or attempt to decipher, decompile, disassemble or reverse engineer the software, except to the extent applicable laws specifically prohibit such restriction.


Termination
Comsec TR may terminate the right to use the software on notice to you (which may be delivered electronically by the same means as this software is distributed), and you may terminate this licence at any time by destroying or erasing your copy of the software. Upon the earlier of either (1) termination of this licence, or (2) the expiration date, you must discontinue all use of the software and remove the software from your system. While Comsec currently intends to distribute a commercial release of the software, Comsec reserves the right at any time not to release a commercial release of the software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release of the software. Upon the release of all new versions of software the distributor must guarantee to upgrade all sites within 2 months of the release date. If, at the end of this period, the distributor has not acted to update the software Comsec TR reserves the right to do so.


Copyright Notice
Copyright © 1995-2012 Comsec TR Pty Ltd. All rights reserved. No part of any documentation may be copied without the express written permission of Comsec TR.


Trademarks
ACTS is the trademark of Comsec TR Pty Ltd. Windows is a registered trademark, Windows Server 2003/2008 and Windows XP/7 are trademarks of Microsoft Corporation. Other product names mentioned in this document may be trademarks or registered trademarks of their respective companies and are hereby acknowledged.


General
This agreement may only be modified by a licence addendum, which accompanies this licence, or by a written document which has been signed by an authorized officer and Comsec. Should you have any questions concerning this agreement, or if you desire to contact Comsec for any reason, please write to:

Comsec TR Pty Ltd.
PO Box 572 Milsons Point NSW
Australia 1565.

Notice to Users of the Comsec TR Web Site
You may use, copy and distribute the materials, excluding Comsec TR Software, found on the Comsec Web Sites for internal, non-commercial, information purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a licence under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Comsec.

The Comsec TR company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Comsec. You are not authorized to use any Comsec name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Comsec TR.

All product and service marks contained herein that are not Comsec TR marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or Hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

Material on the Comsec TR Web Sites may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. Comsec may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice.

The materials on the Comsec TR Web Sites is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN NO EVENT SHALL Comsec TR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BOUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE Comsec TR WEB SITES OR THE USE, RELIANCE UPON OR PERFORMANCE, OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE Comsec TR WEB SITES.

For further information on Intellectual Property matters contact
Comsec TR Pty Ltd.

Information on Licensing
USE ON MORE THAN ONE COMPUTER

To use Comsec TR products in a commercial, educational or governmental agency on more than one computer, it is necessary to obtain a SITE LICENCE approval unless automatically granted with the purchase of the equipment. The approval allows the organization to use the software package on up to the number of computers licensed.

NOTE: THAT THE SITE LICENCE INCLUDES ONE COPY OF THE SOFTWARE AND DOCUMENTATION.

The Site Licence allows you to copy the software for the number of machines licensed. Distributing, repackaging, or reselling of the software to third parties is not permitted. No other organization, person, company or corporation is permitted to provide more than one (1) copy of Comsec TR Software.