Beams Build

BEAMS SOFTWARE LICENCE AGREEMENT

IMPORTANT: Do not install this software until you have read this license agreement. By installing or using the software, you accept this license agreement in its entirety.

DEFINITIONS

1.     “BEAMS” means BEAMS – Distributed by Burran Constructions Pty Ltd.

2.     “You and Your” means the person or business entity who purchased this license to use this software or for whom such license was purchased.

3.     “Software” means all the software you have received from BEAMS with this license and any future updates to this software.

4.     “Documentation” means the manual and any other printed material or document or text files provided by BEAMS with the software.

5.     “License” means the license or licenses purchased and granted pursuant to this agreement and required in order for BEAMS to operate.

6.       “Serial Number” means the method that BEAMS adopts to confirm that licenses are activated and allow the software to function as intended.  A serial number can only be used on one machine at one time.

7.       “Subscription” means the method adopted by the user for payment to ensure that the license or licenses are active and able to use the software.

8.       “Perpetual License” means an outright purchase of the software license and allowing the system to function under the required conditions.

9.       “Maintenance” means an agreement entered by the end user to provide for support and software updates at a nominated fee payable each year.

LICENCE AND PROTECTION

1.     BEAMS grants to You, subject to the following terms and conditions, a non-exclusive right to use the accompanying copy of the Software on only one computer at a time (unless the software is multi-user, in which case you may use the software on any single local area network accessed at one time by the agreed number of terminals). BEAMS reserves all rights not expressly granted to You.

2.     You agree to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of BEAMS and is not licensed to You. You agree not to disassemble, decompile, or otherwise reverse engineer the Software in order to discover the source code and/or trade secrets contained in the source code.

3.     You may make copies for back-up purposes only.

4.     Ownership of, and title to, the Software and Documentation shall be held by BEAMS. Copies are provided to You only to allow You to exercise your rights under the License. Only the License is purchased by You.

5.     You agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, modify or time share the Software or Documentation.

6.     You may not sell or transfer this License to another person or entity without the consent of BEAMS.

7.     This agreement is effective from the date you install this software, and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all copies .This Agreement shall also automatically terminate if You breach any of the terms or conditions of this Agreement. You agree to destroy the original and all copies of the Software and Documentation, or to return them to BEAMS upon termination of this License.

LIMITED WARRANTY AND LIMITED LIABILITY

1.     The Software is only compatible with certain computers and operating systems. The software is not warranted for non-compatible systems. Call BEAMS for information about compatibility.

2.     BEAMS warrants that if the Software fails to substantially conform to the specifications in the Documentation and if the nonconformity is reported in writing by You to BEAMS within 30 days from the date that the License is purchased, then BEAMS will either remedy the nonconformity or offer to refund the License Fee to You upon return of all copies of the Software and Documentation to BEAMS. In the event of a refund the License shall terminate.

3.     BEAMS make no warranty, representation or promise not expressly set forth in this agreement. BEAMS disclaims and excludes any and all implied warranties of merchantability and fitness for a particular purpose. BEAMS does not warrant that the software or documentation will satisfy your requirements or that the software and documentation are without defect or error.

4.     BEAMS’s total liability arising from or relating to this agreement or the software or documentation is limited to the total of all payments made by or for you for the license. BEAMS shall not in any case be liable for any special, incidental, consequential, indirect or punitive damages even if BEAMS has been advised of the possibility of such damages. BEAMS is not responsible for lost profits or revenue, loss from the use of the software, loss of data, costs of recreating lost data, the cost of any substitute equipment or program, or claims by any party other than you. .

5.     This Agreement sets forth the entire understanding and agreement between You and BEAMS and may be amended only in writing signed by BEAMS. No vendor, distributor, dealer, retailer, sales person or other person is authorised to modify this agreement.

6.     This Agreement shall be governed by the laws of the state of Western Australia, Australia, and any actions taken are to be taken in that jurisdiction.

7.       BEAMS requires an internet connection for confirmation of Serial Number licensing at least once every 28 days and will not function outside this condition.  Should this condition not be met and BEAMS no longer functions, this does not represent a software failure.

8.       If a subscription is the option of choice for the user to ensure his license is active, then failure to maintain payment of the subscription will prevent the software from functioning and does not constitute a failure of the software.

9.       Where a perpetual license or licenses has been granted and the user ceases to pay maintenance, the software will function and be current as at the version applicable when the maintenance was last paid for all licensed users.  If a perpetual license holder ceases to pay maintenance but chooses a subscription option instead, the software will be current as at the subscription date and as the number of subscription users but will revert to the maintenance date and licensed users if the subscription is ended.