License Agreement for Installing and Using SoDIS Project Auditor (SPA). SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT This document contains the SoDIS Project Auditor License and Terms and Conditions of Use. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THIS SOFTWARE. THIS SOFTWARE IS LICENSED, NOT SOLD. SOFTWARE IMPROVEMENTS PERMITS YOU TO DOWNLOAD, COPY, INSTALL, USE OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THIS AGREEMENT. 1. DEFINITIONS The following definitions apply to the terms as they appear in this agreement: "You" and "Your" refer to any person or entity that acquires or uses the SoDIS Project Auditor Software. "Software" means the computer program downloaded, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with that computer program. It also means any copies of the program, codes, etc., made to any other disk, hard disk or other media. The copyright holder is Software Improvements Proprietary Limited, an Australian Registered Company. "We," "Us," or "Our" refer to the copyright holder. 2. DISTRIBUTION Extracting SoDIS Project Auditor Software and/or data from the archive or completing the Installation of SoDIS Project Auditor constitutes Your acceptance of the license agreement. 3. PERMITTED USES We grant You a non-exclusive license to use the Software according to the terms set forth below. a) Use the Software "as is" only on a single computer at a time, during the period for which a valid license is held. b) Make copies of the whole Software only, in machine readable form for back-up and archival purpose only, provided that You reproduce all the proprietary notices on each copy which appear on or in the Software. c) Create Your own Software Development Impact Statements and reports. 4. EVALUATION This is not free software. You are hereby licensed to use and test this Software for evaluation purposes without charge for 21 days after receipt of evaluation license. During this evaluation period, an agreement must be reached with Us to extend the term of the license. Upon the termination or expiration of the evaluation license, You will still be able to access the Software but in READ ONLY mode. 5. PROHIBITED USES You are explicitly prohibited from re-selling use of the Software. You may not use the Software except under the terms listed above. You are specifically prohibited from charging, or requesting donations, for any copies, however made; and from distributing the Software and/or documentation with other products (commercial or otherwise) without prior written permission from Us. Furthermore, You may not: a) Remove, obscure, or alter any notice of the copyright or other proprietary legends on the Software. b) Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software c) Resell, lend, rent, lease, sub-license, grant a security interest in, or otherwise transfer rights to the Software or any portion thereof d) Provide or make available Your license file to any third party. You undertake to take such steps as are necessary in order to protect the license file against unauthorised use. e) Attempt to change the status of the Software from READ ONLY other than by installation of a valid license. 6. NO REFUND Because the Software is provided free of charge for a 21-day evaluation to allow potential customers to evaluate and test the Software before paying the license fee, Software Improvements enforces a strict no-refund policy. Please evaluate and test the Software carefully during the evaluation period. Once You pay the license fee, Your payment is final and cannot be reversed. 7. OWNERSHIP OF THE SOFTWARE The Software involves valuable proprietary rights of the copyright holders who retain title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and You must take appropriate steps to protect Our software rights. We may at any time replace, modify, alter, improve, enhance, or change the Software. 8. CUSTOMER SUPPORT Software Improvements will provide customer support services to You if You pay a maintenance fee per license. Payment of such fee gives You a time-limited right to technical support and Software updates and upgrades. Technical support only covers issues or questions resulting directly out of the operation of the Software and Software Improvements will not provide You with generic consultation, assistance or advice as part of maintenance. However, generic consultation, assistance or advice may be purchased separately from Software Improvements. 9. LIMITED WARRANTY Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SoDIS PROJECT AUDITOR IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE COPYRIGHT HOLDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 10. DURATION This Agreement shall remain in place until terminated. You may terminate the Agreement at any time by destroying all copies of the Software. Both the license and Your right to use the Software terminate automatically if You violate any part of this Agreement. In the event of termination, You must immediately destroy all copies of the Software installed or created by You. 11. GENERAL This agreement constitutes the entire agreement and supersedes any prior agreement between Software Improvements and You concerning the contents of this package. We are not bound by any provision of any purchase order, or other document, unless We specifically amend this agreement. This agreement cannot be amended, modified, or waived, unless the change is written. If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this agreement will remain in full force and effect. 10. GOVERNING LAW This Agreement is governed and construed in accordance with the laws of the Australian Capital Territory. Copyright (c) 2010 Software Improvements Pty Ltd. All rights reserved. SoDIS is a copyright of Software Development Research Foundation, Inc. SoDIS Project Auditor and SoDIS are trademarks of Software Development Research Foundation, Inc.