TO DOWNLOAD ANY FILES ON THIS SITE, YOU MUST REVIEW AND AGREE TO THE TERMS OF MIDNIGHT TECHNOLOGIES PTY LTD END USER LICENSE AGREEMENT BELOW. PLEASE READ THE TERMS OF THIS "END USER LICENSE AGREEMENT" (THE AGREEMENT") CAREFULLY. THE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MIDNIGHT TECHNOLOGIES PTY LTD FOR THE BUNDYPLUS SOFTWARE AND/OR FIRMWARE ACCOMPANYING THIS END USER LICENSE AGREEMENT, AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS AND ANY "ONLINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE"). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE.
GRANT OF LICENSE
THE SOFTWARE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATIES. THE SOFTWARE IS LICENSED TO YOU, AND NOT SOLD, SUBJECT TO THE TERMS OF THIS AGREEMENT. SUBJECT TO THE TERMS OF THIS AGREEMENT, MIDNIGHT TECHNOLOGIES PTY LTD HEREBY GRANTS YOU A LIMITED, PERSONAL, NON-EXCLUSIVE LICENSE DURING THE TERM OF THIS AGREEMENT TO USE THE SOFTWARE SOLELY AND EXCLUSIVELY FOR YOUR INTERNAL USE FOR THE OPERATION OF YOUR ASSOCIATED MIDNIGHT TECHNOLOGIES PTY LTD TIMECLOCK(S) AND FOR NO OTHER PURPOSE. TO THE EXTENT THAT ANY PORTION OF THE SOFTWARE IS PROVIDED TO YOU IN A MANNER THAT IS DESIGNED TO BE INSTALLED BY YOU, YOU MAY INSTALL ONE COPY OF THE INSTALLABLE SOFTWARE ON ONE HARD DISK OR OTHER STORAGE DEVICE FOR ONE PRINTER, COMPUTER, WORKSTATION, TERMINAL, OR OTHER DIGITAL ELECTRONIC DEVICE, AS APPLICABLE (AN "ELECTRONIC DEVICE"), AND YOU MAY ACCESS AND USE THAT SOFTWARE AS INSTALLED ON THAT ELECTRONIC DEVICE SO LONG AS ONLY ONE COPY OF SUCH SOFTWARE IS IN OPERATION. IF YOU ARE AN ORGANISATION RATHER THAN AN INDIVIDUAL, YOU MAY AUTHORISE PERSONNEL ASSOCIATED WITH YOUR BUSINESS TO USE THE SOFTWARE, BUT ONLY ONE PERSON AT A TIME ON ONE ELECTRONIC DEVICE AT A TIME. YOU AGREE NOT TO DUPLICATE OR COPY THE SOFTWARE, EXCEPT THAT YOU MAY MAKE ONE BACK-UP COPY FOR ARCHIVE PURPOSES. THE PRIMARY USER OF THE ELECTRONIC DEVICE ON WHICH INSTALLABLE SOFTWARE IS INSTALLED MAY ALSO MAKE A COPY FOR HIS OR HER EXCLUSIVE USE ON A PORTABLE COMPUTER, SO LONG AS SUCH SOFTWARE IS BEING USED ONLY ON ONE ELECTRONIC DEVICE AT A TIME.
STORAGE/NETWORK USE
IN THE ALTERNATIVE, YOU MAY INSTALL A COPY OF THE SOFTWARE ON A STORAGE DEVICE, SUCH AS A NETWORK SERVER, USED ONLY TO ACCESS AND USE THE SOFTWARE ON YOUR ELECTRONIC DEVICES OVER AN INTERNAL NETWORK; HOWEVER, YOU MUST ACQUIRE AND DEDICATE A LICENSE FOR EACH SEPARATE ELECTRONIC DEVICE ON WHICH THE SOFTWARE IS ACCESSED AND USED FROM THE STORAGE DEVICE. A LICENSE FOR THE SOFTWARE MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT ELECTRONIC DEVICES.
DOCUMENTATION
IF THE SOFTWARE CONTAINS DOCUMENTATION WHICH IS PROVIDED ONLY IN ELECTRONIC FORM, YOU MAY PRINT ONE COPY OF SUCH ELECTRONIC DOCUMENTATION. YOU MAY NOT COPY THE PRINTED MATERIALS ACCOMPANYING THE SOFTWARE. THE DOCUMENTS PUBLISHED ON MIDNIGHT TECHNOLOGIES PTY LTD AND BUNDYPLUS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PRESENTED ON MIDNIGHT TECHNOLOGIES PTY LTD AND BUNDYPLUS WEB SITE IS CHANGED PERIODICALLY TO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), PROGRAMS(S), AND/OR DOCUMENTATION DESCRIBED AT ANY TIME, WITHOUT NOTICE.
LIMITATIONS OF REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
TRANSFER/SUBLICENSE
YOU MAY NOT TRANSFER, SUBLICENSE, DISTRIBUTE, RENT, LEASE, SUPPLY, MARKET OR LEND THE SOFTWARE TO ANY OTHER PARTY.
CONFIDENTIALITY
YOU ACKNOWLEDGE THAT THE SOFTWARE EMBODIES CONFIDENTIAL INFORMATION OWNED BY MIDNIGHT TECHNOLOGIES PTY LTD AND/OR ITS SUPPLIERS AND LICENSORS. TO THE EXTENT YOU HAVE ACCESS TO ANY SUCH INFORMATION, YOU AGREE TO USE SUCH INFORMATION ONLY FOR THE AUTHORISED USE OF THE SOFTWARE. YOU FURTHER AGREE NOT TO DISCLOSE SUCH CONFIDENTIAL INFORMATION TO ANY OTHER PARTY AND TO USE AT LEAST THE SAME DEGREE OF CARE TO MAINTAIN THE CONFIDENTIAL NATURE OF SUCH INFORMATION AS YOU USE TO MAINTAIN THE CONFIDENTIALITY OF YOUR OWN CONFIDENTIAL INFORMATION.
INTELLECTUAL PROPERTY
ALL TITLE, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE (INCLUDING BUT NOT LIMITED TO COPYRIGHTS, PATENTS, TRADE SECRETS AND TRADEMARKS) ARE OWNED BY MIDNIGHT TECHNOLOGIES PTY LTD OR ITS SUPPLIERS AND LICENSORS. YOU MUST MAINTAIN ALL COPYRIGHT NOTICES ON ALL COPIES OF THE SOFTWARE. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY MIDNIGHT TECHNOLOGIES PTY LTD. WITHOUT PREJUDICE TO ANY RIGHTS OR REMEDIES MIDNIGHT TECHNOLOGIES PTY LTD MAY HAVE FOR YOUR VIOLATION OF THIS SOFTWARE LICENSE, MIDNIGHT TECHNOLOGIES PTY LTD SHALL OWN ALL CHANGES OR MODIFICATIONS TO THE SOFTWARE.
TERMINATION
WITHOUT PREJUDICE TO ANY OTHER RIGHTS OR REMEDIES MIDNIGHT TECHNOLOGIES PTY LTD MAY HAVE, MIDNIGHT TECHNOLOGIES PTY LTD MAY TERMINATE THIS AGREEMENT IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. MIDNIGHT TECHNOLOGIES PTY LTD MAY TERMINATE THIS AGREEMENT BY OFFERING YOU A SUPERSEDING AGREEMENT FOR THE SOFTWARE OR ANY REPLACEMENT OR MODIFIED VERSION OF OR UPGRADE TO THE SOFTWARE AND CONDITIONING YOUR CONTINUED USE OF THE SOFTWARE OR SUCH REPLACEMENT, MODIFIED OR UPGRADED VERSION ON YOUR ACCEPTANCE OF SUCH SUPERSEDING AGREEMENT. IN ADDITION, EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME. SUBJECT TO THE FOREGOING, TERMINATION SHALL BE EFFECTIVE UPON NOTICE TO THE OTHER PARTY. IN THE EVENT THAT THIS AGREEMENT TERMINATES FOR ANY REASON, YOUR LICENSE TO USE THE SOFTWARE WILL TERMINATE, AND YOU MUST IMMEDIATELY STOP USING THE SOFTWARE, DESTROY ALL COPIES OF THE SOFTWARE AND ALL OF ITS COMPONENT PARTS, AND, UPON REQUEST, PROVIDE AN AFFIDAVIT CERTIFYING YOUR COMPLIANCE WITH THE FOREGOING.
DISCLAIMER
MIDNIGHT TECHNOLOGIES PTY LTD SUPPLIES THE SOFTWARE AS IS AND WITH ALL FAULTS AND DOES NOT MAKE ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE SOFTWARE OR ANY APPLICATION, OPERATION OR USE THEREOF, THE OUTPUT OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, OR ANY SUPPORT SERVICES RENDERED WITH RESPECT THERETO. MIDNIGHT TECHNOLOGIES PTY LTD HEREBY EXCLUDES ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT AUTHORISED BY LAW, INCLUDING, SPECIFICALLY, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR OF MERCHANTABLE QUALITY, OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR OF TITLE, OR OF NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF NINETY (90) DAYS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIDNIGHT TECHNOLOGIES PTY LTD DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS EULA INCLUDES SOFTWARE LIBRARIES, SUCH EXPORT REPORTS DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY OF THE EXPORT FORMAT BEING EMULATED, ARE OFFERED “AS IS” AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH SOFTWARE LIBRARIES.
LIMITATION OF LIABILITY AND DAMAGES
MIDNIGHT TECHNOLOGIES PTY LTD DOES NOT ASSUME RESPONSIBILITY FOR ANY SPECIFIC APPLICATION OF THE SOFTWARE OR FOR COMPATIBILITY WITH OTHER SOFTWARE OR EQUIPMENT. TO THE FULL EXTENT ALLOWED BY LAW, MIDNIGHT TECHNOLOGIES PTY LTD EXCLUDES FOR ITSELF AND ITS LICENSORS AND SUPPLIERS ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, DAMAGE TO GOODWILL, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ANY PRODUCTS, PARTS OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIDNIGHT TECHNOLOGIES PTY LTD OR ANY LICENSOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT AUTHORISED BY LAW, THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHEN LIABILITY FOR DAMAGES IS NOT ALLOWED TO BE LIMITED OR EXCLUDED IN ITS ENTIRETY, MIDNIGHT TECHNOLOGIES PTY LTD LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR, AT MIDNIGHT TECHNOLOGIES PTY LTD'S OPTION, REFUND OF THE PRICE OF THE SOFTWARE.
MIDNIGHT TECHNOLOGIES PTY LTD SUPPLIERS AND LICENSORS
ANY RELEASE, DISCLAIMER OR LIMITATION OF MIDNIGHT TECHNOLOGIES PTY LTD'S LIABILITY OR DAMAGES PURSUANT TO THIS AGREEMENT SHALL BE CONSTRUED, IN ADDITION TO MIDNIGHT TECHNOLOGIES PTY LTD'S BENEFIT, ALSO TO THE BENEFIT OF MIDNIGHT TECHNOLOGIES PTY LTD'S SUPPLIERS, LICENSORS, EMPLOYEES, AND CONTRACTORS AND, WITHOUT LIMITING ANY OTHER DEFENSES THAT SUCH SUPPLIERS, LICENSORS, EMPLOYEES AND CONTRACTORS MAY HAVE, YOU AGREE TO RELEASE SUCH PARTIES FROM LIABILITY OR DAMAGES IN ACCORDANCE WITH SUCH RELEASE, DISCLAIMER, OR LIMITATION OF LIABILITY OR DAMAGES TO THE SAME EXTENT THAT SUCH PROVISIONS APPLY TO MIDNIGHT TECHNOLOGIES PTY LTD.
ENTIRE AGREEMENT
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING AND AGREEMENT OF THE PARTIES AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS REPRESENTATIONS, UNDERSTANDINGS AND AGREEMENTS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
ASSIGNMENT
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING AND AGREEMENT OF THE PARTIES AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS REPRESENTATIONS, UNDERSTANDINGS AND AGREEMENTS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
MODIFICATION
NO MODIFICATION OF THIS AGREEMENT SHALL BE BINDING UNLESS IT IS IN WRITING AND IS SIGNED BY AN AUTHORISED REPRESENTATIVE OF THE PARTY AGAINST WHOM ENFORCEMENT OF THE MODIFICATION IS SOUGHT.
WAIVER
THE FAILURE BY A PARTY TO EXERCISE ANY RIGHT HEREUNDER SHALL NOT OPERATE AS A WAIVER OF SUCH PARTY'S RIGHT TO EXERCISE SUCH RIGHT OR ANY OTHER RIGHT IN THE FUTURE.