QAXML LOGSMANAGER END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL

End User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and QAXML Pty Ltd. for the QAXML LOGSMANAGER which may include associated software components, media, printed materials, and 'online' or electronic documentation ('QAXML LOGSMANAGER'). By installing, copying, or otherwise using the QAXML LOGSMANAGER, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and QAXML Pty Ltd, (referred to as 'licenser'), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the QAXML LOGTAILER. The QAXML LOGSMANAGER is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The QAXML LOGSMANAGER is licensed, not sold.

1. GRANT OF LICENSE.

The QAXML LOGSMANAGER is licensed as follows:

(a) Installation and Use.

QAXML Pty Ltd grants you the right to install and use copies of the QAXML LOGSMANAGER on your computer running a validly licensed copy of the operating system for which the QAXML LOGSMANAGER was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7/8 or later versions of MS Windows].

(b) Backup Copies.

You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution.

You may not distribute registered copies of the QAXML LOGSMANAGER to third parties. Evaluation versions available for download from QAXML Pty Ltd 's websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the QAXML LOGSMANAGER, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.

You may not rent, lease, or lend the SOFTWARE PRODUCT.

(e) Support Services.

QAXML Pty Ltd may provide you with support services related to the QAXML LOGSMANAGER ('Support Services'). Any supplemental software code provided to you as part of the Support Services shall be considered part of the QAXML LOGSMANAGER and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the QAXML LOGSMANAGER.

3. TERMINATION

Without prejudice to any other rights, QAXML Pty Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the QAXML LOGSMANAGER in your possession.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the QAXML LOGSMANAGER and any copies thereof are owned by QAXML Pty Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the QAXML LOGSMANAGER is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by QAXML Pty Ltd.

5. NO WARRANTIES

QAXML Pty Ltd expressly disclaims any warranty for the SOFTWARE PRODUCT. The QAXML LOGSMANAGER is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. QAXML Pty Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. QAXML Pty Ltd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. QAXML Pty Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

In no event shall QAXML Pty Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the QAXML LOGSMANAGER, even if QAXML Pty Ltd has been advised of the possibility of such damages. In no event will QAXML Pty Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. QAXML Pty Ltd shall have no liability with respect to the content of the QAXML LOGSMANAGER or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.