Source Introduction

This is a source version of Tellurian BootpdNT.   The licence conditions under which this software is provided permit you to distribute binary copies of this software, with our without modification.

Copyright

This program and all accompanying materials [the software] are copyright, and protected by the Australian Copyright Act 1968 (Cth).

This software incorporates code owned by Tellurian Pty Ltd.   Copyright (c) 1996-1998, Tellurian Pty Ltd.   All rights reserved.

Copying, reproduction, adaptation, reverse engineering or storage in more than one computer at a time (other than making a backup copy to be used by the registered licensee of the software in the event that the original copy is lost, destroyed or damaged) of the software is an infringement of the owner's copyright, and could result in legal action by the owner.

It is an offence under the Copyright Act to sell copies of the software made without the owner's consent, or to distribute them in any way of trade, or in any way that causes loss to the owner.   There are heavy penalties for offences under the Copyright Act, and second offenders face a risk of imprisonment.

Licence Agreement

You have purchased a source licence to the software.   The software is owned by, and remains the property of, Tellurian Pty Ltd [Tellurian], is protected by international copyrights, and is provided to the original purchaser under the terms below.   Use of the software implies acceptance of these terms.

Tellurian grants the original purchaser [Licensee] the limited rights to possess and use the software for its intended purposes.   Tellurian grants Licensee the right to adapt this software.   Licensee may not provide the source code, either as provided by Tellurian, nor any adaption thereof, to any third party.

Licensee may provide binary only copies of the software, with or without Tellurian's accompanying documentation, whether as provided by Tellurian or an adaption thereof, to any third party so long as:

1. Such copies do not include source code;
2. Tellurian is clearly identified as the author and copyright holders;
3. The Copyright (listed above) is included with the software and documentation;
4. All copies are licenced and include terms which are no less restrictive than these; and
5. No warranty is expressed or implied to exist between Tellurian and licensee's customers.

The Licensee may transfer its rights under this license provided that the party to whom such rights are transferred agrees to the terms and conditions of this license, and written notice is provided to Tellurian.   Upon such transfer, the Licensee must transfer or destroy all copies of the software.

The Licensee agrees to use its best efforts and take all reasonable steps to protect the software from unauthorised use, copying or dissemination, and will maintain all proprietary notices intact.

This licence is governed by the laws of the State of South Australia.

Warranties

DISCLAIMER LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY TELLURIAN PTY LTD, AND TELLURIAN PTY LTD DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE.   FURTHERMORE, THE LICENSEE IDEMNIFIES AND AGREES TO HOLD TELLURIAN PTY LTD HARMLESS FROM SUCH CLAIMS.

The Trade Practices Act (Cth) and State Consumer Protection Legislation imply certain conditions ad warranties into contracts of sale of goods and services, including conditions that the goods are of merchantable quality and fit for purpose.

Any express warranties given by the manufacturer of this software are in addition and not in substitution for any rights given to the purchaser by State or Commonwealth legislation.

Any provision in the license Agreement included in this software package which purports to exclude, restrict or modify the consumer's rights pursuant to the Trade Practices Act or State legislation has no application to sales within Australia.