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END USER LICENSE AGREEMENT FOR TRACKMATE SOFTWARE Notice to user: this is a contract. By installing this software you accept all the terms and conditions of this agreement. This end-user “license agreement” accompanies the Trackmate software and related explanatory materials (hereby referred to as "software"). The term "software" also shall include any upgrades, modified versions or updates of Trackmate licensed to you by Motion Mensura Pty Ltd (hereafter referred to as “MotMen”), and any third party software used by Trackmate (and the licensing agreements of those third party products). Please read this agreement carefully. At the end, you will be asked to accept this agreement. If you do accept, then you will be bound by this license agreement. By completing the electronic acceptance process, by clicking the "accept" button, you will have indicated your acceptance of these terms. Upon this condition you represent and warrant that you: (i) are authorized to sign for and bind yourself and any other party on whose behalf you use the software (the "contracting party") and (ii) agree for yourself and the contracting party to be bound by all of the terms herein (including the disclaimer of warranty and limitation of liability sections set forth below) to the exclusion of any other rights and obligations, such as any rights, obligations or other terms listed on a purchase (provided by MotMen or a third party) order or the like you or the contracting party may provide MotMen and you agree that any such rights, obligations or other terms listed on such purchase order (provided by MotMen or a third party) or the like are hereby null and void. Although MotMen has attempted to provide accurate information with regard to the software, MotMen assumes no responsibility for the accuracy or inaccuracy of any information provided. MotMen may change the software at any time without notice. Mention of non-MotMen products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the software is at the your and the contracting party's risk. Upon your acceptance of this agreement, MotMen grants you a non-exclusive license to use the software provided that you agree to the following: 1. Use of the software. You and the contracting party acknowledge that the software is proprietary to MotMen and is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, you and the contracting party agree that you and the contracting party are only permitted to use the software as expressly authorized by MotMen and this license agreement. You and the contracting party may not remove any proprietary notices or labels from the software. You may copy the software for archival purposes only, provided any copy must contain all original proprietary notices. You and the contracting party may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form. You and the contracting party may not reproduce (except for archival purposes), distribute or create derivative works based on the software without expressly being authorized in writing to do so by MotMen. Further, you and the contracting party may not rent, lease, grant a security interest in or otherwise transfer rights to the software. All rights not expressly granted in this license agreement are reserved to MotMen. 2. Liability. MotMen makes no guarantees regarding the correctness of the information provided with the software and accepts no liability of any type resulting from use of the software. 3. Copyright. The software is owned by MotMen. The software is also protected by international copyright law and treaty provisions. This agreement does not grant you any intellectual property rights over the software. 4. Warranty. All information, documentation and products provided by MotMen are 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, title or non-infringement, or arising from a course of dealing, usage, or trade practice. To the maximum extent permitted by law, MotMen expressly disclaims any and all warranties, conditions, representations, and guarantees with respect to the products, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise. MotMen makes no warranty that the products will meet your or the contracting party's requirements or that the product will be uninterrupted, timely or error free, nor does MotMen make any warranty as to the results that may be obtained from the use of the products or the accuracy of any other information obtained through the products. You and the contracting party understand and agree that any material and/or data downloaded or otherwise obtained through the use of the products is done at your own risk and that you and the contracting party will be solely responsible for any damage to any computer system or loss of data that results from the download of such material and/or data. no representation or other affirmation of fact, including, without limitation, statements regarding capacity, suitability for use or performance of the products, whether made by employees of MotMen or otherwise, which is not contained in this agreement, shall be deemed to be a warranty by MotMen for any purpose, or give rise to any liability of MotMen whatsoever. 5. No Cancellation. MotMen offers no refund of money paid for the software. All payments made by you to MotMen for the software are final. MotMen only accepts payment through PayPal®. 6. Exclusion of incidental, consequential, and certain other damages. To the maximum extent permitted by applicable law, in no event shall MotMen be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty, including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the software or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license agreement, even if MotMen has been advised of the possibility of such damages. 7. MotMen shall have the right to publish the identification of you and the contracting party as users of the software. You and the contracting party agree that MotMen may use any logo and/or name associated with you or the contracting Party on MotMen's web site and other marketing materials in order to identify you and the contracting party as one of MotMen's customers. 8. Governing law and general provisions. This agreement will be governed by international copyright law. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. Copyright © 2005 – 2011 Motion Mensura Pty Ltd. All rights reserved.