Appendix 3: Software License
T
ieline
T E C H N O L O G Y
Page 375
8. CONSENT TO USE OF DATA. You agree that Tieline and its affiliates may collect and use
technical information you provide in relation to support services related to the Software Product.
Tieline agrees not to use this information in a form that personally identifies you except to the extent
necessary to provide such services.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. TIELINE AND IT'S SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS
IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, TITLE, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES
ALL WITH REGARDS TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow
exclusion of implied warranties or limitations on the duration of implied warranties, so the above
disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire
liability of TIELINE and any of it's suppliers under any provision of this EULA and your exclusive
remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for
the Software Product or US$5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TIELINE OR IT'S SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTAIL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISOINS
OF THIS EULA. EVEN IF TIELINE OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
11. US GOVERNMENT CUTOMERS. Consistent with FAR 12.211 and 12.212, Commercial
Computer Software, Computer Software Documentation, and Technical Data for Commercial Items
are licensed to the US Government under TIELINE's standard commercial license.
12. COMPLIANCE WITH LAW. You shall comply with all laws and regulations of Australia and
other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or
indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws,
including, without limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of legal age of
majority in your state of residence and, if applicable, you are duly authorized by your employer to
enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the State of Western Australia,
Australia.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA
which is included with the Product) is the entire agreement between you and Tieline relating to the
Software Product and it supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software Product or any other subject matter
covered by this EULA. To the extent the terms of any Tieline policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA shall control.
