End User License Agreement

END-USER LICENSE AGREEMENT FOR: NEXUS INTEGRITY CENTRE

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Wood Australia Pty Ltd of [Level 3, 171 Collins Street, Melbourne, VIC 3000] (“Wood”), for the supplied software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. The following terms of this EULA govern your access and use of each SOFTWARE PRODUCT, except to the extent: (a) there is a separate signed contract between you and Wood governing your use of the software, or (b) the software includes a separate “click-accept” license agreement or third party license agreement as part of the installation and/or download process governing your use of the software. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed contract, (2) the click-accept agreement or third party license agreement, and (3) this EULA.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

  1. Installation and Use:

    Wood grants you the right to install and use the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.

  2. Activation:

    While you may install as many copies of the SOFTWARE PRODUCT as you wish, some or all of the SOFTWARE PRODUCT requires activation at runtime by access to an internet accessible license server operated by Wood (https://license.nexusic.com/LicenseManager/Licenseserver.dll/test/). The software license key permits a limited number of users to access the SOFTWARE PRODUCT on either a ‘named’ or ‘concurrent’ user basis. Each software license key is designed to activate only the number of users and those features of the SOFTWARE PRODUCT for which you have purchased a license. You must not attempt to subvert licensing restrictions by any means including, but not limited to, reverse engineering, decompilation, or disassembly of the SOFTWARE PRODUCT or licensing system.

  3. Loss of License Key:

    The software license key can be invalidated and replaced if it is lost or if its security has been compromised.

  4. Backup Copies:

    You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  1. Maintenance of Copyright Notices:

    You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

  2. Distribution:

    You may not distribute copies of the SOFTWARE PRODUCT to third parties.

  3. Prohibition on Reverse Engineering, Decompilation, and Disassembly:

    You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  4. Rental:

    You may not rent, lease, or lend the SOFTWARE PRODUCT without Wood’s prior written consent.

  5. Onsale:

    You may not on-sell the SOFTWARE PRODUCT without Wood’s prior written consent.

  6. Support Services:

    Wood may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

  7. Compliance with Applicable Laws:

    You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION

Without prejudice to any other rights, Wood may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy and uninstall all copies of the SOFTWARE PRODUCT in your possession and your software license will be revoked.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Wood or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Wood.

5. PRIVACY

The application may anonymously track your usage and send it to Wood for analysis. We use this analysis to make improvements to the software. The application may also capture information relating to unhandled errors and may capture a screen image in this specific scenario. Any user identifiable information is blurred. No personally identifying information is tracked, and nothing about your usage can be tracked back to you.

6. NO WARRANTIES

Wood expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Wood does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Wood makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Wood further expressly disclaims any warranty or representation to Authorized Users or to any third party.

7. LIMITATION OF LIABILITY

In no event shall Wood be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if Wood has been advised of the possibility of such damages. In no event will Wood be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Wood shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.