PLEASE DO NOT PROCEED
BEFORE READING THE FOLLOWING IMPORTANT INFORMATION:
Thank you for purchasing a licence
to use SYSTEM BUILDER.
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.
SB TECH (SA) (Pty) Ltd Tel (011)
957 2114 Fax (011) 957 2116
PO Box 3567
SYSTEM BUILDER END-USER LICENCE
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
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.
2.1 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
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 Licensees 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
3.3 In the event of any permanent
and serious error or defect existing in SYSTEM BUILDER, the Licensees
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 TECHs 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
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 TECHs 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.
4.1 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.
5.1 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
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 TECHs rights in any way, or operate as a waiver
of any such rights.
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 Licensees
present, former or future employees, agents, contractors, consultants
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
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
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
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 TECHs
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:
System Builder Serial Number:
Computer Serial Number:
PICK OS Type:
OS Release Number:
Number of Users: