ACER GS The Interactive Test Analysis System Raymond J. Adams & Siek-Toon KhooLICENCE AGREEMENT ‘This Agreementis made betsieen The Australian Council for Educational Research Limited, ACN 004398 145, of 19 Prospect Hill Road, Camberwell, Victoria, ACER’) ‘You, the licensee DEFINITION Inthis Agreement software means the Quest computer program and related documentation and materials. PRELIMINARY “The software is licensed, not sold, to you for use only in accordance with te terms ofthis agreement, and ACER reserves all rightsnot expressly grited to you. You own the disks on which te software is originally or subsequently recorded or fixed, but ACER retains ownership of all copies of the software tse. LICENCE, Thislicence allows: (a) the software tobe used solely by an end user (that is, not {for use for marketing or rediswibution, either alone orasa ‘component of any other product) (©) the software o be installed ona hard disk foruse in accordance with this Agreement or alternatively, inthe ‘event that you donot have ahard disk system, ove copy in machine readable form tobe made for back-up purposes ‘You must reproduce on the back-up copy the ACER. copyright notice and any other proprietary writing that Was on the original copy supplied by ACER. The software is protected by copyright law. Youre notauthorised to make any copies ofthe software, excepts permitted by this paragraphs and (©) the software cluding the back-up copy) and all rights under this Agreementio be transferred to another person together with acopy of this Agreementas ongas you give ACER writen notice ofthe ransferand the other party reads and agrees tothe tens ofthis Agreement, RESTRICTIONS ‘You may not market, diseibuteortanser (other than in accordance with clause 3.1(6) above) any copy ofthe software toothers or elecconically wansfrthe software from one computer to another over a network, either on its own or with ors part of any other productor equipment, withoutan express distribution licence from ACER. You may not modify ‘adap, translate, reat, lease Joan sell, distribute network or ‘reas derivative works based on the software or any partofit. ‘The software contains trade secrets and to protect them You ‘may not decormpile, reverse engineer, disassemble or ‘otherwise reduce the software to a humanly perceivable form. ‘Youagree not o divulge, directly orindirectly, any such trade seerets to any person, unless and until such trade secrets cease tobe confidential for any reason not your own fault. ‘TERMINATION ‘This Agreement shall comtinue until terminated in accordance “with the erms ofthis Agreement It will terminate axtomatically without notice from ACER if you fai} to comply ‘with any provision oft Upon termination you must destroy the software and any copies of t youhave made. Youmay ‘terminate this Agreementatany time by destroying the software and any copies you may have made. Upon termination ofthis licence forany reason: (2) you will have no right torefund of the whole or any part the licence fees or other amounts paid for this licence or the software (excepts exprestly provided insection 6 below) and {(b) you shall continue to be bound by the provisions of section above. LIMITED WARRANTY ‘ACER warrants thatthe diskin which the software is recorded js free from defects in materials and faulty workmanship under ‘normal use fora period of 90 days from the date of delivery as evidenced by a copy ofthe receipt During this warranty period, ACER will at its option, repair orreplace, free of ccharge, defective disks upon which the software has been ‘supplied (and if necessary restore the software on such disks), ‘provided you retum the faulty disk with proof of purchase 10 ACER, or an authorised ACER agent, in the country where the software was first supplied toyou. ACER hasnoresponsibility ‘to repair or replace a disk which in ACER’s opinion has been ‘damaged by accident, abuse or misapplication, orasaresult of service or modification by anyone other than ACER or any ‘authorised ACER agent. All disks replaced under this ‘warranty become the property of ACER. DISCLAIMER OF WARRANTY, LIMITATION OF REMEDIES ‘The software is provided ‘as is’, without any kind of warranty “To the full extent permitted by law, ACER expressly excludes all conditions, warranties and liability, whether imposed by -stanute or by rule of aw or otherwise, which are not expressly setout in this Agreement. ACER does not warrant, guarantes, or make any representations (either expressly or impliedly) regarding the use, orthe results ofthe use, of the software, with respect 10 its ‘correctness, accuracy, reliability, completeness, functionality, ‘currentness or otherwise. ACER does not warrant thatthe software’s operation will be ‘uninterrupted or ervor-free, or that defects in it wil be corrected. You expressly agree tat you assume the entire risk as tothe results and performance of the software. Ifthe softwares, incorrect, inaccurate, unreliable, incomplete, out-of-date, defective or otherwise unsatisfactory, you (and not ACER or its representatives) assume the entire cost of any servicing, repair or comection. ‘No oral or writen information or advice given by ACER orits representatives creates a Warranty of in any way increases the scope of this warranty, and you may not rely on any such {information or advice. ‘ACER’s maximum liability for damages arising under this ‘Agreements limited tothe licence fees paid by you forthe software. ‘Nothing in this Agreementis intended or shall be construed 2s excluding or modifying any stamtory rights, warranties or ‘conditions which are applicable to this Agreement. WHOLE OF AGREEMENT “This Agreement constinstes the complete understanding of the parties and no waiver or modification of any provisions shit be valid. GOVERNING LAW ‘The law applicable to this Agreementis the law in force in the sate of Victoria‘nAcD hee ACER TES: The Interactive Test Analysis System Raymond J. Adams & S@ék-Toon Khoo ESE