EFOFEX SOFTWARE LICENCE AGREEMENT

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.

GENERAL CONDITIONS
1. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
2. You may not reverse engineer, decompile, or disassemble the Software. 
3. The Software may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed "licence.txt" file or other text or file. 

INDIVIDUAL LICENCE. You may copy the Software onto a single computer for your personal use, and you may make one back-up copy of the Software, subject to these conditions: 
1. You may not sub-licence or permit simultaneous use of the Software by more than one user.
2. An institution may upgrade its individual licence to a full site licence or distribution licence by negotiation with Efofex Software or our nominated agents.

FULL SITE LICENCE.
A full site licence allows the institution to place copies of the software on as many computers as required within ONE SITE of the institution.  The software may be in use on all of these computers concurrently.  The software may not be distributed to students or customers for use outside the institution or on a personal computer within the institution.

SPECIAL NOTE:
Efofex considers use, at home, by a teacher employed at an institution holding a Full Site Licence to be fair use PROVIDING such use is solely restricted to producing materials for use within the institution.

DISTRIBUTION LICENCE.
A distribution licence allows the institution to place copies of the software on as many computers as required within ONE SITE of the institution and allows the institution to distribute the software to persons directly associated with the school (eg.  students, teachers, administration staff, gardeners ...) at no extra charge to the institution.  Efofex Software gives a school holding a distribution licence the right to charge a fee of not more than $15 (Australian) per copy to cover the costs of distribution

Distribution of the registration code must NOT be carried out in a publicly accessible manner.  In particular distribution must NOT occur through a web page that is accessible by people not linked to the institution.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Efofex Software or its suppliers. The Software is copyrighted and protected by the laws of Australia, the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Efofex Software may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Efofex Software grants no express or implied right under Efofex Software patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software. Distribution Licences are not transferable without agreement, in writing, from Efofex Software.

UPGRADES
Upgrades to the software do not constitute a new product and do not purchase a new licence.  Old versions of the software cannot be transferred to a new owner.

LIMITED MEDIA WARRANTY.  If the Software has been delivered by Efofex Software on physical media, Efofex Software warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by Efofex Software. If such a defect is found, return the media to Efofex Software for replacement or alternate delivery of the Software as Efofex Software may select.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  Efofex Software does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL EFOFEX SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EFOFEX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

TERMINATION OF THIS AGREEMENT. Efofex Software may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Efofex Software.
 
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of Western Australia, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Efofex Software is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Efofex Software.

ADDITIONAL NOTES
* A Full Site licence allows you to use the Efofex product on any computer within ONE SITE of the institution.
* A Distribution licence, in addition to the rights provided in a Full Site Licence, allows you to provide copies of the Efofex product to any person associated with ONE SITE of the institution.  You are NOT permitted to provide the software to another institution or site of the institution.
* Most of the documentation is provided in PDF format.  The Adobe Acrobat PDF reader is available as a free download from the Adobe site (www.adobe.com) and is included on our distribution CD.
* You may need to provide printed versions of some sheets to students who do not have Internet access.  You are licensed to provide these printed versions.
* To distribute the product you will need to provide a copy of the downloaded executable AND your registration code.  You may, at your discretion, charge a fee of up to $15 Australian to cover the costs incurred in distribution.
* If your institution makes a small profit distributing the software it is the institution's to keep and Efofex Software makes no claim to it.
* Copies distributed under a distribution licence need not be returned when the person leaves the institution.
* The distribution licence is not limited in duration or number.  Your institution may distribute this program indefinitely, to anyone associated with the institution, without further cost.  Efofex Software may, at our discretion, charge an UPGRADE FEE for any future versions of the software that provide significant improvements to the program's functions.  We will provide minor upgrades or maintenance releases as a FREE download from our Web site.  You are under NO obligation to purchase any future upgrades and may continue to distribute the current version indefinitely.
* The institution is free to choose a convenient mode of distribution BUT Efofex Software specifically disallows any method which makes the REGISTRATION CODE accessible to people not associated with the institution.  In particular we disallow the distribution of the REGISTRATION CODE as a download from a publicly accessible web page.
* Efofex requests that you do NOT ask students to download their copy from our web site.  Currently we do not have the capability to serve large numbers of downloads.  You are permitted to place a copy of the download on YOUR web site and make that copy available for download by your students.
* This information is provided for your convenience and does not override any statement in the full licence descriptions.

