SAMUCO LICENCE AGREEMENT

The following is the Samuco User Licence Agreement which terms and conditions form part of any Agreement between Samuco and any Customer entering into an Agreement to purchase a licence to use the Software. Please read this Agreement carefully before using the Software. This Agreement licences the Software to you and contains warranty and liability disclaimers.        

ATTENTION

By purchasing the Software you are agreeing to be bound by the terms of the following licence Agreement. You may not use the Software unless you agree to these terms and conditions.

1. Definitions

(a) Samuco (Samuel Colbran) is the owner of the copyright and other rights in

the Software and Related Items and is, accordingly, the licensor of the Software.

(b) “Software” means Colored Folder Creator Pro, or Protected Screen, or iDock, or Secret Folders, or iWeb Backup, or Desktop Screensaver, or Borderslunch, or Disk Image Icons, as the case may be.

(c) “Computer Work-station” means a single stand-alone computer not a server.

(d) “Customer” is the person, school, or organisation acquiring the Software and is, accordingly, the licensee in respect of it.

(e) “Agreement” means the licence agreement between Samuco and the Customer.

2. Licence

This Agreement allows the Customer to:

(a) Use the Software on the Customer’s computer system; and

(b) Make one backup copy of the Software, provided that the Customer reproduces on any such copy all copyright notices and readme files, if any, that are contained within the Software. The backup copy is governed by the terms of this  Agreement and is not permitted to be recopied.

The Customer agrees not to use the Software in a manner contrary to any agreement the Customer has with any other third party and agrees to Samuco for any liability for breach of this condition.

3. Ownership

Samuco expressly reserves all copyright

and any other intellectual property rights in and the Software and only grants the Customer a licence to use the  Software as provided in this Agreement. The Software remains the property of Samuco all times and may not be sold or transferred to third parties.

4. Termination

This Agreement terminates on:

(a)  the Customer destroying or deleting the Software; or

(b)  the Customer breaching any terms of this Agreement.

5. Limited warranties

Should the Software prove defective in materials or workmanship within three months of purchase, Samuco will replace the Software free of charge, except where the defect is a result of abuse, misuse or accident. Save to the extent permitted by law:

(a) Samuco does not warrant that the Software will meet your requirements

or that the operations of the Software itself or in conjunction

with other software will be uninterrupted or error free;

(b) The Customer is entirely responsible for determining

the suitability of the Software for their purposes

and for the use they make of the Software.

(c) Samuco disclaims all other warranties, either express or implied, including warranties of merchantability, fitness for purpose for a particular purpose and non-infringement of third party rights. If any such warranties are implied by law, such warranties are limited in duration to three months from the date of delivery; and

(d) No oral or written information or advice given by Samuco, its dealers, distributors, agents or employees shall create or extend existing warranties, and the Customer must not rely on any such information or advice unless in writing and signed by an authorised representative of Samuco.

6. Restrictions

In no circumstances may the Customer transfer, assign, rent, lease, sell, charge, exchange, adapt (otherwise than in the course of normal use), decompile, disassemble, create a derivative product or otherwise deal the Software except pursuant to this Agreement or

with the permission of Samuco. Subject to this Agreement, the Customer will not otherwise than pursuant to the Copyright Act 1968 as amended:

Copyright Act 1968 as amended:

Copyright Act 1968

(a) make a hard, electronic or other copy of the Software;

(b) supply or distribute the Software to a third party or parties for reward or otherwise;

(c) transfer the Software to another computer, network, the internet, an intranet or otherwise; or

(d) access the Software by means other than a single user system.

7. Limitation of liability

The Software is provided to you “AS IS” without warranty of any kind, either express or implied. Samuco shall not be liable for any damage to property, loss of income, loss of revenue, trade, business, information or profits including any direct, indirect, incidental or consequential loss from the installation or use of the Software, whether based on breach

of contract, tort (including negligence), product liability or otherwise.

8. Choice of law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. This Agreement contains the final, complete and exclusive agreement between Samuco and the Customer and supersedes all prior or contemporaneous agreements, whether oral or written.

9. Inquiries

All questions concerning this Agreement shall be directed to www.samuco.net.