System Builder Licence

System Builder Licence Agreement

PLEASE DO NOT PROCEED BEFORE READING THE FOLLOWING IMPORTANT INFORMATION:

Thank you for purchasing a licence to use SYSTEM BUILDER.

PLEASE:

1. Read this document carefully BEFORE you open the attached envelope, as:

OPENING THIS ENVELOPE INDICATES YOUR AGREEMENT TO AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE ATTACHED END-USER LICENCE AGREEMENT.

2. Complete the End-User Licence Agreement by filling out the details requested on the Licence Registration Form which will be printed out by your computer on downloading the SYSTEM BUILDER software.

A copy of the Licence Registration Form is attached to this End-User Licence Agreement.

A Licence Registration Form must be returned to our offices within 21 days of date of purchase of this SYSTEM BUILDER Licence, in order to get the necessary User Licence Number from us.

This information will also enable us to send you timely information on SYSTEM BUILDER enhancement, upgrades, seminars, training and new products.

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SB TECH (SA) (Pty) Ltd Tel (011) 957 2114 Fax (011) 957 2116

PO Box 3567

Honeydew 2040

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SYSTEM BUILDER END-USER LICENCE AGREEMENT

1. Conditions of Licence
1.1 "SYSTEM BUILDER" means the software programs known as SYSTEM BUILDER (including updates, if and where applicable) and any applications thereof, as supplied by SB TECH (SA) (PTY) LTD ("SB TECH") together with all manuals and other user documentation published by SB TECH, and as distributed from time to time by SB TECH.

1.2 SB TECH is the owner of the copyright in SYSTEM BUILDER, the rights and benefits of which (including but not limited to the exclusive right to further licence or sub-licence SYSTEM BUILDER) have been exclusively licenced to SB TECH for use within African continent.

1.3 The use of SYSTEM BUILDER is hereby licenced to the purchaser of an End-User licence ("the Licensee") by SB TECH subject to the terms and conditions set out herein.

1.4 The End-User licence is issued to the Licensee for the use of SYSTEM BUILDER, in object code form only.

1.5 The licence is issued to the Licensee directly by SB TECH and not the dealer.

1.6 Payment to the dealer by the Licensee is for the non-exclusive right to use SYSTEM BUILDER on the designed computer, and does not include the purchase thereof.

1.7 Where there is a failure by the Licensee to return the Licence Registration Form within 21 days as stipulated thereon, payment of the licence fee and/or the opening of the envelope containing a copy of SYSTEM BUILDER is deemed to be an acknowledgement that the licence has been accepted by the licensee subject to the terms and conditions contained herein.

1.8 SB TECH cannot grant the right of use of SYSTEM BUILDER to the Licensee without being subject to these terms and conditions.

2. Licence
2.1 SB TECH hereby grants, and the Licensee hereby accepts, subject to the terms and conditions stipulated herein, a perpetual non-exclusive, non-transferable licence to use SYSTEM BUILDER together with any modifications, additions and enhancements as may be made available by SB TECH on payment of the upgrade fee, or free of charge, as the case may be, from time to time.

2.2 In return for being granted such licence, the Licensee agrees that:-

2.2.1 The copy of SYSTEM BUILDER accompanying this End-User Licence Agreement shall be used only on a single Central Processing Unit (CPU), being that CPU whose serial number is filled in on the Licence Registration Form and shall be used only by the number of user licensed.

2.2.2 A separate End-User Licence is required for each CPU on which SYSTEM BUILDER will be loaded.

2.2.3 The Licensee may not cede and/or assign any rights and/or obligations under this agreement, nor may the Licensee sub-licence, sell, transfer, dispose or otherwise make available to any third party, a copy of or any part of SYSTEM BUILDER.

2.2.4 The Licensee may not in whole or part (or in any way whatsoever) copy (other than for back-up purposes), print, reproduce, or make telephone communications or data transmissions of SYSTEM BUILDER.

2.2.5 The Licensee may not reverse assemble decompile or reverse engineer SYSTEM BUILDER.

2.2.6 System Builder remains the property of SB TECH.

2.3 SB TECH reserves the right to make periodic licence checks to protect this licence and to prevent unauthorised use or assignment thereof and accordingly may suspend the Licensee’s right to use SYSTEM BUILDER, should such checks prove to be in violation of the End-User Licence Agreement.

3. Warranty and Remedy
3.1 SB TECH warrants to the Licensee that SYSTEM BUILDER will conform to the user documentation supplied herewith. This warranty shall be for a limited period of 1 (one) year from date of execution of this Licence Registration Form and shall not apply if this Licence Registration Form is not returned to SB TECH within twenty one (21) days from date of purchase.

3.2 SB TECH will not under any circumstances be liable to the Licensee (or any user licensed or otherwise) for direct, indirect or consequential loss of any kind, including but not limited to, loss of profits, or any other incidental or consequential damages arising out of the inability to use SYSTEM BUILDER.

3.3 In the event of any permanent and serious error or defect existing in SYSTEM BUILDER, the Licensee’s only remedy shall be:

3.3.1 to return the defective medium to the dealer from whom this licence was acquired, for replacement with a defect-free medium, or

3.3.2 on failure by the dealer to replace the defective copy of SYSTEM BUILDER in terms of 3.3.1 above, to return the defective medium together with a written description of the defect, to SB TECH for replacement, or

3.3.3 on return of the defective medium in terms of 3.3.2 above and SB TECH being unable to replace the defective medium for any reason whatsoever, then the Licensee shall be entitled to a refund from the dealer of the amount paid by the Licensee to the said dealer, but under no circumstances whatsoever shall SB TECH’s liability to the Licensee exceed the amount paid by the Licensee for the licence to use SYSTEM BUILDER.

3.4 This warranty shall apply only to the registered Licensee, as identified on the Licence Registration Form.

3.5 The Licensee accepts that:

3.5.1 Except for the above warranties, SB TECH makes no warranty, expressed or implied, including that the product is suitable for a particular purpose or for any purpose, whether such purpose was made known to SB TECH or not, or that the operation of SYSTEM BUILDER will be uninterrupted, or error free, or that all System Builder errors will be corrected.

3.5.2 SB TECH has not authorised any persons or companies to warrant that the product is suitable for a particular purpose or for any purpose or any of the foregoing.

3.5.3 SB TECH shall have no liability for any damages or any or any injuries to persons or property of any kind arising out of the sale, installation or use of products distributed or licenced by it.

3.5.4 SB TECH’s sole liability, if any, will be limited to the "replacement of the defective copy of SYSTEM BUILDER.

3.5.5 Nothing contained in this warranty shall be read or applied so as to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any conditions or warranties implied by law and which by law cannot be excluded, restricted or modified.

4. Confidentiality
4.1 SB TECH is the sole and exclusive Licensor of the copyright in SYSTEM BUILDER for the African continent and is entitled to the absolute rights and benefits thereof, including, but not limited to, the exclusive right to issue further licenses or sub-licences in the said area.

4.2 SB TECH, shall not display, disclose disseminate or otherwise make available the source code of SYSTEM BUILDER to any parties under any circumstances whatsoever.

4.3 The Licensee shall not alter or modify SYSTEM BUILDER except SYSTEM BUILDER applications which may be altered or modified) or use or incorporate SYSTEM BUILDER in the development of any new work (except for SYSTEM BUILDER applications).

4.4 The restrictions and conditions contained in this licence shall also apply after the termination or cancellation of the licence.

5. Breach
5.1 In the event that the Licensee breaches any of the terms or conditions of this End-User Licence, SB TECH shall have the right, without limitation or prejudice to any of its other rights in law or at equity, at its option to terminate this licence at any time.

5.2 Upon termination of this End-User licence, the Licensee shall deliver forthwith to SB TECH the original copy and all other copies of SYSTEM BUILDER, including any back-up copies and delete all copies of SYSTEM BUILDER in whatever form, where applicable.

5.3 The Licensee shall warrant in writing to SB TECH that the original and all copies of SYSTEM BUILDER have been returned to SB TECH, or deleted, as the case may be.

5.4 In the event of cancellation due to breach, the Licensee shall not be entitled to a refund of any of the amounts paid for this End-User Licence.

5.5 Any indulgence which may be shown or granted by SB TECH to the Licensee shall not prejudice any of SB TECH’s rights in any way, or operate as a waiver of any such rights.

6. Indemnity
6.1 The Licensee shall indemnify SB Tech and keep SB TECH indemnified from and against any and all losses or damages including indirect, incidental and consequential losses of any kind and loss of profits suffered or incurred by SB TECH in consequence of, or in connection with the unauthorised use, copying or manufacture, or actual or attempted disposal of SYSTEM BUILDER, or the copyright therein by any of the Licensee’s present, former or future employees, agents, contractors, consultants or customers.

6.2 Without limiting the generality of the aforegoing, the Licensee shall indemnify and keep indemnified, SB TECH from and against all legal costs and expenses incurred by SB TECH in connection with any legal action necessary or appropriate, to uncover, prevent, or stop the unauthorised use, copying or manufacture, or actual or attempted disposal, of SYSTEM BUILDER as aforesaid.

7. Entire Agreement
7.1 This End-User Licence Agreement constitutes the entire agreement between the parties with respect to SYSTEM BUILDER.

7.2 The dealer through which this End-User Licence was acquired, is not an agent of SB TECH and has no authority, actual or implied, to make any representations, verbal or otherwise, on behalf of SB TECH, or to bind SB TECH, with respect to any obligations whatsoever.

8. Governing Laws
This agreement shall be construed in accordance with, and shall be governed by, the laws of the Republic of South Africa.

9. Execution of Licence Agreement
9.1 This End-User licence Agreement may be executed in two counterparts, if so decided by SB TECH. This counterpart is to be executed by the Licensee and an identical copy is to be executed on receipt hereof by SB TECH which copy, if requested in writing so to do by the Licensee, shall in due course be forwarded to the Licensee.

9.2 This End-User Licence Agreement will be deemed to have been executed by the Licensee on the completion of and return by the Licensee of the completed generated Licence Registration Form.

LICENCE REGISTRATION FORM
The Licence Registration Form forms part of this End-User Licence Agreement and is for the purposes of execution by the Licensee to acknowledge acceptance of the terms and conditions of this End-User Licence and to avail himself/herself of the one (1) year warranty included in this licence.

Without executing this Licence Registration Form and returning it to SB TECH within 21 days of acquisition, the Licensee shall not obtain the benefit of SB TECH’s warranty policy and shall be deemed to be in illegal possession and use of SYSTEM BUILDER.

Company / User Name:

Postal Address Line 1:

Postal Address Line 2:

Postal Address Line 3:

Post/Zip Code:

Contact: Title

First Name

Surname

Telephone Number:

System Builder Serial Number:

Computer Serial Number:

PICK OS Type:

OS Release Number:

Dealer Name:

Number of Users:

Reference Code:

Licence Number:

 

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