End User License Agreement


1. License Grant.  Upon acceptance of this Agreement, Appointments Book grants to the User a nonexclusive license to use the Software provided that the User complies with the terms of this Agreement.

2. Permitted Use.  The User may install the downloaded Program on a single hard disk or storage device for use on a single personal computer.  Except for copying necessary for the downloading, installation and use of the Software, no copies of the software may be made save one (1) copy for archival purposes only.

3. Support.  Appointments Book will offer technical support for the Software.  Users are encouraged to post their questions to the e-mail address postmaster@appointmentsbook.com

4. Intellectual Property Rights.  The Software is owned by Appointments Book and is protected by national and international copyright laws, treaties and patents.  The structure, organization, and source code are valuable trade secrets of Appointments Book.  This license and your right to use the Software terminate automatically if User violates any part of this Agreement. Appointments Book reserves the right to terminate this agreement at any time and for any reason.  In the event of termination, User must immediately destroy all copies of the Software. Except as specifically provided for in this Agreement, no intellectual property rights related to the Software are granted.

5. Prohibited Activity.  The following activities are specifically prohibited.  User may not: 
a) Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software.
b) Modify, adapt, translate, or merge the Software with another program or create derivative works based on the Software.
c) Remove, obscure, or alter any trademark, notice of the Appointments Book's copyrights or other proprietary legends on the Software.
d) Allow or enable a third party to violate Appointments Book rights to the Software.

6. Damage.  User agrees that in the event that this agreement is violated,  Appointments Book would be irreparably damaged if they were not granted injunctive relief against further use of the Software, to have unauthorized copies of the Software destroyed and to prohibit the use of any product made using unauthorized copies of the Software.

7. NO WARRANTY.  Appointments Book DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OF THE IMPLIED TITLE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SOFTWARE, AND Appointments Book SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE INSTALLATION AND USE OF THE SOFTWARE. Appointments Book CAN MAKE NO WARRANTY CONCERNING THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE DOCUMENTATION OR SUGGESTIONS OF THEIR USE BY Appointments Book.

Appointments Book DOES NOT WARRANT THE SOFTWARE WILL BE ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

THE SOFTWARE IS PROVIDED ON A "AS IS" BASIS.  IN NO EVENT WILL Appointments Book BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE MEDIA ON WHICH THE SOFTWARE IS RECORDED, EVEN IF Appointments Book OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Appointments Book LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Governing Law.  THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF AUSTRALIA, EXCLUDING THEIR RESPECTIVE CONFLICTS OF LAW PROVISIONS.  THIS AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED.

9. Modification.  This agreement can not be modified except in writing signed by an authorized officer of Appointments Book.  However, if any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

10. Export.  User agrees not to ship or export the Software into any country or use the software in any manner that would violate Australian, English or United States Export law, restrictions or regulations.

The Appointments Book Software is copyright  2000 - 2004  Appointments Book.  All rights reserved.  Unpublished-rights are reserved under copyright laws by Appointments Book.
