13. Support Options

USE OF LIBCODE LIBRARY SYSTEMS PTY LTD SOFTWARE

LibCode Library Systems Pty Ltd writes and develops computer software for library applications.  LibCode Library Systems Pty Ltd is the owner of copyright in this software and documentation and a licence is required from LibCode Library Systems Pty Ltd in order to use this material.

All sales of software by LibCode Library Systems Pty Ltd are subject to the following Standard Terms of Use.

Standard Terms of Use

You, the customer, agree to the following terms:

1. The licence fee paid to LibCode Library Systems Pty Ltd (“LibCode”) entitles you to use the software and documentation for a period of 1 year, subject to extension of this period upon payment of an additional annual renewal fee.

1. Use of the software (and documentation) is limited to use by you, your employees and your students in respect of a single library.

1. However, use of the software may be extended to a second or additional library collection with the prior written consent of LibCode and the payment of any small additional licence fee that is applicable.

1. Use of the software by another entity or person (ie. someone other than you, your employees or your students) will also require the written consent of LibCode.  That person or entity may be required to obtain their own copy of the software and pay the appropriate licence fee.

1. Reasonable support by telephone on Monday, Wednesday and Thursday (subject to change) or by fax, email or web is available free of charge to holders of a full annual licence.

Copies

1. Except as expressly authorised in this agreement, you are not entitled to copy, reproduce, translate, adapt, vary or modify the software (or documentation) without the written consent of LibCode.

1. Notwithstanding the above, you are entitled to make backup copies of the software.

Obligations

1. You hereby undertake to supervise and control the use of the software (and documentation) to ensure it is only dealt with in accordance with the terms of this licence and you hereby undertake to indemnify LibCode against loss suffered if your failure to comply with this undertaking results in a third party breaching LibCode’s intellectual property rights or misusing the software or documentation.

Warranties and Acknowledgments

1. You hereby acknowledge that you have exercised your independent judgement in acquiring the software and have not relied on any written or oral representations made by LibCode apart from those set out in the documentation supplied with this software.  You also acknowledge that LibCode does not warrant that the software is defect free.

1. However, LibCode warrants that the software will perform in accordance with its documentation in all material respects.

1. Should the software fail to perform in accordance with its documentation in all material respects, LibCode may, at its election, either: (a) replace the software with an alternative software that complies with the warranty; (b) modify the software so that it complies with the warranty; (c) refund the licence fee; or (d) pay the cost of replacing, altering or modifying the software so that it complies with the warranty.  This shall constitute the full rights or remedies available to you under this agreement, all other rights or remedies shall be excluded to the full extent permissible by law, and LibCode shall not be liable for any indirect or consequential damages arising from the supply of the software or a breach of this agreement.

Termination

1. This agreement shall terminate automatically on the expiry 12 months unless the licence to use the software has been renewed (in which case this agreement shall continue for the period of renewal).

1. LibCode may summarily terminate this agreement if you do not rectify a breach of this licence within 7 days of becoming aware of the breach, if you cease trading, or if you become bankrupt, insolvent or cease operating.

1. Upon termination you are required to destroy all copies of the software and documentation or otherwise return or dispose of such material in the manner directed by LibCode.

General

1. The benefit of this agreement shall not be dealt with in any way (whether by assignment, sublicensing or otherwise) without LibCode’s prior written consent.

1. This agreement constitutes the entire terms under which LibCode software is supplied and any prior arrangements, agreements, representations or undertakings are superseded.  Any modification of this agreement must be in writing, signed by both parties.

1. This agreement shall be governed by and construed according to the law of Queensland and the parties irrevocably submit themselves to the jurisdiction of the courts of that State.

LibCode Library Systems Pty Ltd wishes to thank you for your interest in its products and express its commitment to continuing to produce quality library software and solutions.