Fritz - CMMS

The Fritz Licence Agreement

To Download the full fritz program, or any part thereof, you will need agree to this contract, complete the requested information (at the end of this page), and then click on the "I Accept" button, after reading this document.

Privacy
Any information entered on this page is only used to to verify that you are a vaild requestor of our software.

We will never share, sell, or rent individual personal information with anyone without your advance permission. Our Privacy Policy Page provides more information related to this subject.

Please read this license agreement and indicate your acceptance by clicking on the "I Accept This Licence" button.

Acceptance of this license agreement means that you are bound by the terms of this license agreement. You may not download the software unless you accept the terms of this license agreement. If you have any specific questions about the terms of the license agreement, please contact our sales staff at FritzSupport@fritz.com.au so that they may assist you with your questions.

You may print the web page containing this licence agreement or save it as a file on your computer.

Licence Agreement

1. Definitions
(a) "Fritz CMMS Web Site" means the Web Site located at the URL http://www.Fritz.com.au or any other such Web Site owned or nominated by us to distribute the program.
(b) "Fritz CMMS Information Entry Page" means the Web page or other media that shall be displayed to Licensee after Licensee accepts this Agreement. The Fritz CMMS Information Entry Page may require Licensee to enter Licensee's User ID and password previously provided to Licensee by Licensor via e-mail.
(c) "Licensed Software" or "Software" or “The Program” shall mean the software known as Fritz CMMS, in object and/or source code form, all updates and revisions thereto supplied by Licensor during the term hereof and all permitted copies of the foregoing. This includes any related program or any portable data entry device applications, consisting of a set of instructions in machine readable medium, together with all associated documentation, and includes any enhancement, modification or new release of the whole or part of the program and also includes all copyright, trade secrets, and confidential information subsisting or which may subsist in the program.
(d) "Acceptance" means that the Licensee has accepted the terms of this Agreement and has manifested said acceptance by either 1) clicking on the "I Accept" button or 2) using the program.
(e) "Use" shall mean the reading into and out of memory of the Licensed Software and the execution of such Software.
(f) "Modification" means deleting code from, adding code to, or altering the code in the Licensed Software.
(g) "Modify" means to create or engage in creating a Modification.
(h) "Copy" means the medium on which information is fixed on a temporary or permanent basis and from which the information can be perceived, reproduced, used, or communicated, either directly or with the aid of a device.
(i) "Nonexclusive license" means a license that does not preclude the licensor from transferring the same information, informational rights, contractual rights or permissions within the same scope to other licensees.
(j) “The commencement date” means the date on which this agreement is executed by you and by us.
(k) “The initial licence fee” refers to the fee specified in our Schedule Of Rates.

2. Licensor's Duties
(a) Privacy of Licensee's Information. Licensor shall not disclose to third parties any personal information that the Licensee forwards to Licensor at any time. The information that the Licensee forwards to Licensor shall be used solely by Licensor for the purposes of billing and for notifying Licensee of any future information pertaining to the Licensed Software, such as upgrade information.
(b) Provision of Licensed Software. Licensor shall allow Licensee to download the software after Licensee (1) has indicated Acceptance of this Agreement, and (2) has properly filled out all information on the Fritz CMMS Information Entry Page.

3. Protection of licensed software
Licensee acknowledges and agrees that the Licensed Software constitutes a valuable trade secret of Licensor. Licensee further acknowledges and agrees that if the Licensed Software contains the source code, then it is provided strictly for informational purposes and investment protection in lieu of depositing the source code with an escrow agent, and shall remain the exclusive property of Licensor. Licensee may not disclose or make available to third parties the Licensed Product or any portion thereof without Licensor's prior written approval, except as provided for in Paragraph 7 contained herein.

4. License
Subject to the payment of the license fees and charges to Licensor, Licensor hereby grants to Licensee, and Licensee hereby accepts, a personal, nonexclusive and non-transferable license to Use the Licensed Software. This License is non-transferable subject to the terms of this Agreement.
You agree and acknowledge that you do not own the program and that this Licence does not entitle you to any proprietary rights in the program. Title to the program shall remain solely and exclusively our property.

5. License fees
The initial license fee for the license herein granted to Licensee shall be contained in the purchase price of the Licensed Software. On payment of the annual licence fee you will receive a unique registration key that will enable the program to be used for the following year, subject to this agreement.
What you have to pay

5.1 You must pay the following
(a) Prior to registration of the program, the initial licence fee.
(b) At the yearly anniversary of the commencement date, the annual licence fee.
(c) Any other fee or charge, which you agree to pay under this agreement.

5.2 We are entitled to vary the annual licence fee from time to time according to our schedule of rates.

5.3 If you do not pay the monies that you are required to pay under this agreement then the registration key will not be issued and we may terminate this agreement. A current registration key is required to enable you to enter more than the limit of 50 jobs or 50 assets. If you do not pay the monies that you are required to pay that limit will be enforced until the monies are paid.

6. Term of license agreement and licenses
Unless otherwise terminated or cancelled as provided herein, the term hereof and of the licenses granted herein shall commence on the date of acceptance of this Agreement and shall continue until Licensee discontinues the licensed Use of the Licensed Software.

7. Reproduction and modification of licensed software
(a) Licensee may reproduce the Licensed Software for backup, archival and reinstallation purposes. All copies of the Licensed Software, in whole or in part, shall contain all of Licensor's restrictive and proprietary notices as they appear on the copies of Licensed Software provided by Licensor.
(b) Under no circumstances may Licensee incorporate the Licensed Software, in whole or in part, into a product which Licensor determines is designed to compete with the Licensed Software. The use of the Licensed Software in a competing product, may at Licensor's discretion, result in the payment of royalties to Licensor or the termination, cancellation or expiration of the License.
(c) Upon any termination, cancellation or expiration hereof of any license granted hereunder, Licensee shall remove the Licensed Software and all portions thereof from the New Product, and Licensee shall have no right thereafter to Use the Licensed Software or any portion thereof.
(d) If the source code is included in the Licensed Software, then under no circumstances may Licensee transfer the source code to any other party in any manner.
(e) You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the software.

8. Services
Licensee shall have the sole and exclusive responsibility for the selection, installation and Use of the Licensed Software. Licensor shall provide Licensee with technical support at the nominated rate, exclusively by means of e-mail or newsgroup to try to correct any error, malfunction or defect that may appear in the Licensed Software, provided that Licensee shall give Licensor written notice thereof during such period and Licensor is able to duplicate such problem. However, Licensee's modification of the source code for the Licensed Software, if such source code is included, may prevent proper technical support by the Licensor as provided for herein, and furthermore, Licensor is not required to provide technical support if the source code is modified.

9. Warranty
(a) Licensor shall refund the purchase price should the Licensee for any reason return the Licensed Software with dated proof of payment to the Licensor within thirty (30) days of the download date.
(b) Except as specifically provide for above, the licensed software is provided on an “As-Is” basis, and there are no warranties and exclude all other expressed or implied conditions and warranties that can be lawfully excluded, including, but not limited to, any warranty of merchantability, fitness for particular purpose, accuracy of informational content, licensee’s purpose or system integration. Licensee shall be solely responsible for the selection, use, efficiency and suitability of the licensed software and licensor shall have no liability therefore.
(c) Nothing in this Licence is intended to unlawfully modify or exclude the statutory warranties, conditions, rights or remedies.

10. Negation of proprietary rights indemnity
There is no warranty against interference with your quiet enjoyment of the licensed software or against infringement, and licensor shall have no liability to licensee for the infringement of proprietary rights by the licensed software or any portion thereof.

11. Termination/cancellation
(a) Licensor may terminate/cancel this License Agreement and any license granted to Licensee hereunder if Licensee is in default of any provision hereof and such default has not been cured within ten days after Licensor gives Licensee written notice thereof.
(b) In the event of any termination/cancellation hereof or of any license granted to Licensee hereunder, Licensor may:
(1) Require that Licensee cease any further Use of the Licensed Software or any portion thereof and immediately destroy the Licensed Software and all copies thereof, in whole or in part; and
(2) Cease performance of all of Licensor's obligations hereunder without liability to Licensee.
(c) Licensor's foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies available to Licensor in law and in equity.

12. Limitation of liability
(a) In no event shall Licensor be liable to Licensee for any indirect, special or consequential damages or lost profits arising out of or related to this license agreement or the performance or breach hereof, even if licensor has been advised or the possibility thereof. Licensor’s liability to Licensee hereunder, if any, shall in no event exceed the total of the license fees paid to licensor hereunder by licensee.
(b) In no event shall Licensor be liable to Licensee for any damages resulting from or related to any failure of the software products, including, but not limited to loss of data, or delay of the licensor in the delivery of the licensed product or in the performance of services under this licensed product or in the performance of service under this license agreement or related agreements.

13. General
(a) This Agreement is the sole agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. Only a writing executed by the authorized representatives of both parties may amend this Agreement.
(b) This Agreement and the licenses granted hereunder may not be transferred or assigned by Licensee without the prior written consent of Licensor.
(c) If you use the program in Australia, this agreement shall be interpreted in accordance with the substantive laws of the State of Victoria, Australia. If you use the program outside Australia, local laws may apply.

14. Knowing Consent and Authority to Consent
The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.

15. Taxes, Stamp Duties, Charges etc.
(a) You will be responsible for the payment of all government charges, stamp duty, sales tax, goods and services tax or any other charge that your government or any other body in your country may apply in relation to the program, this licence and the provision of services under this agreement.
(b) If we are required to pay any of these charges then we will invoice you for the cost of them and you will pay them as if they were monies payable under this agreement.

16. Miscellaneous
(a) The headings in this agreement are for guidance only.
(b) Unless the context indicated otherwise, words importing the singular include the plural and vice versa and words of one gender include all other genders.
(c) Where any part of this agreement is held to be invalid, illegal or unenforceable, that part should be understood in such a way as to give it as much effect as possible. If it cannot be given any effect then this agreement should be read as if that part did not exist.

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If you agree to the terms of the licence, an email will be sent to you containing a link to the program and an access password.



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