Software Licence Agreement and Terms of Service.
PLEASE READ THIS AGREEMENT CAREFULLY.
WE ARE WILLING TO PROVIDE UNCORK'S SOFTWARE, CONTENT AND SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS. BY REGISTERING WITH US AND/OR BY USING UNCORK'S PRODUCTS, YOU ARE AGREEING ELECTRONICALLY TO THE FOLLOWING TERMS, WHICH IS AN AGREEMENT BINDING ON YOU (THE "AGREEMENT"). IF YOU DO NOT AGREE, DO NOT USE UNCORK'S PRODUCTS.
ABOUT THIS AGREEMENT.
This Agreement (License) governs your registration, access and use of UNCORK's software (including any updates), services, Content and upgrades ("The Uncorked Cellar "), or any uncork website. The general terms of this Agreement may be supplement by usage rules, terms, guidelines and policies ("Usage Rule(s)") that will apply to your use of specific features or UNCORK produces and services. Such Usage Rules will be posted with the applicable application and are binding on you as part of this Agreement.
In this Agreement, the terms:
- "We" or "us" means collectively UNCORK PTY LTD, its owner and affiliates; and
- "You" and "your" means both you and such person or entity in whose behalf you act, if any.
- "Content" or "content" means data, text, communications, software, or other information provided by us to you through The Uncorked Cellar or any Uncork website.
- "Stored Content" or "stored content" means data, text, communications, software, or other information that you store or that others may share with you, either privately or publicly on any Uncork website or through The Uncorked Cellar
- "UNCORK" means products, content, and services produced or supplied by us, including but not limited to The Uncorked Cellar and any Uncork website.
CHANGES TO THE AGREEMENT.
We may modify this Agreement and any Usage Rules at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you continue to use The Uncorked Cellar after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.
SCOPE OF LICENSE
The software is licensed, not sold. This agreement only gives you some rights to use the software. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.
PERMITTED LICENCE USES
A registered copy of this software may be installed on two or more computers (for example, at work and at home), provided there is no possibility that the program will be in use on the two computers at the same time, and provided that you yourself have purchased The Uncorked Cellar..
Unregistered copies of this software may be used for an evaluation period as published on www.uncork.biz. If you continue using this software after the evaluation period, you MUST make a registration payment to the authors.
You may copy any version of The Uncorked Cellar for normal backup purposes, and you may give copies of the shareware version to other individuals, which they may also use and copy subject to the terms of this agreement. If you copy the shareware version of The Uncorked Cellar for others, you must include all of the files distributed with it, including this one. You may not give copies of the registered version to any other person for any purpose, and you may not sell copies of the Registered version without explicit written permission from Uncork Pty Ltd.
Shareware vendors may distribute The Uncorked Cellar shareware version provided they distribute the entire The Uncorked Cellar package. They may add files to it, but under no circumstances may they remove files. They must also inform buyers of their obligation to register the program if they continue to use it after the evaluation period. Vendors must also not charge more than a reasonable copying fee ($US20). Individual copies of the shareware version may be passed to friends and associates for their individual use provided the entire package is passed on, and the recipient is made aware of their obligation to register. This same applies to hardware vendors who bundle shareware with their systems. Specifically, The Uncorked Cellar is NOT free or Public Domain, and you may not represent it as such. You may not sell the registered version without express written permission from Uncork Pty Ltd.
UNCORK is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are solely responsible for the Content you store, make available or retrieve from your account and from all public folders. You are responsible for keeping your password confidential. You may not submit or transmit through UNCORK any Content, material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- violates the privacy of another;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including our company and our employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- advertises, sells or distributes prohibited items, including lotteries, betting or wagering activities, ammunition, firearms, fireworks, tobacco, alcohol, adult products/services and explosive materials;
- violates this Agreement, guidelines or any policy posted on UNCORK; or
- interferes with the use of UNCORK by others.
You may not:
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- delete or change any legal or copyright notices.
- use UNCORK in any way that may damage, disable, overburden, or impair our servers or networks.
- use UNCORK services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
- try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
- use UNCORK or communication tools provided by us to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages); or
- harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
- use the software to produce sales leads.
- use the software for commercial services without explicit written permission from Uncork Pty Ltd.
We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to UNCORK if we believe in our discretion you are violating this Agreement.
The Uncorked Cellar and all associated information, programs and documentation distributed or shipped with it are Copyright (c) Uncork Pty Ltd, and are protected by Australian and international copyright law. You are granted a license to use a copy of The Uncorked Cellar under the terms and conditions specified in this license agreement.
We are not liable for Content that is provided by others. We have no duty to pre-screen such Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for Content made available on the Internet.
POSTING CONTENT AND DATA
You may only share or post Content on UNCORK that you created or that you have permission to share or post. You are solely responsible for the Content you post on UNCORK, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. You may not post or share Content that violates this Agreement. We do not claim ownership of any Content that you may post on or share through UNCORK; however, if you elect to submit Content on UNCORK, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium provided this does not identify you.
The provision of the Web Cellar service is not a specific backup service for your Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content in a Web Cellar. Any Web Cellar that has not been modified for more than 12 months may be automatically removed from the server.
PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on UNCORK in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org to report possible copyright infringement.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF UNCORK SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, EXCEPT FOR THE LIMITED WARRANTY SET FORTH BELOW , AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICCABLE LAW, UNCORK PRODUCTS AND SERVICES ARE SUPPLIES "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UNCORK HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO UNCORK PRODUCTS AND SERVICES, EITHER EXPRESSED, IMPLIED OR STATUATORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUET ENJOYMENT , AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNCORK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE UNCORK PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE UNCORK PRODUCTS AND SERVICES WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT DEFECTS ON THE UNCORK PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTER INFORMATION OR ADVICE GIVEN BY UNCORK OR AN UNCORK AUTHIRIZED REPRESENTITAVE SHALL CREATE A WARRANTY. SHOULD THE UNCORK PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY RECTIFICATION, SERVICING, REPAIR OR CORRECTION.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it, and any user data should be locally backed up by you. You must assume the entire risk of using the program. Our warranty is expressly limited to the cost of replacement of any defective diskette or other part.
Uncork Pty Ltd warrants to owners of registered copies of The Uncorked Cellar that the CD (if supplied) will be free of physical defects which interfere with normal use. For a period of 30 days from the date of your purchase of The Uncorked Cellar, Uncork Pty Ltd will, at its sole option and subject to the restrictions above and below, repair or replace any defective item(s), or refund the purchase price of any CD and/or any other parts or components of Uncorked Cellar found to be defective, if such defect is the fault of us and not the result of misuse or abuse. Such a refund, repair, or replacement shall be your sole remedy for any defects, program error(s), or documentation error(s). In no event shall UNCORK PTY LTD be responsible for any other costs or damages whatsoever due to errors in usage or your failure to read, understand, or follow instructions in the documentation.
We provide access to a Wine Cellar application for your use. While every care has been taken to ensure this application is in good working order, we disclaim all liability for any errors or omissions, or for any loss occasioned as a direct or indirect result of the use of this application or website. We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements, although we may do so in our sole discretion.
While we have attempted to build in reasonable safeguards, if you do not use The Uncorked Cellar properly you may destroy files or cause other damage to your computer software and data. We make no claim to the accuracy or suitability of the information supplied with The Uncorked Cellar. You assume full responsibility for the selection and use of The Uncorked Cellar to achieve your intended results.
NO OTHER WARRANTIES
This limited warranty is the only direct warranty from us. UNCORK PTY LTD gives no other express warranties, guarantees or conditions. Where allowed by your local laws, UNCORK PTY LTD excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
LIMITATION OF LIABILITY
TO THE EXTENT PROVIDED BY LAW, IN NO EVENT SHALL UNCORK PTY LTD BE LIABLE FOR PERSONAL INJURY, OR ANY INCEDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERUPTION OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE UNCORK PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UNCORK PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall UNCORK PTY LTD's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The forgoing limitations will apply even of the above stated remedy fails of its essential purpose.
LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY
The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
We may assign this contract at any time without notice to you. You may not assign or transfer this contract to any one else.
EQUIPMENT AND SOFTWARE.
You must provide at your own expense Internet access, compatible software and compatible equipment to access and use UNCORK. You must ensure that you meet the system requirements published on the Uncork website at www.uncork.biz/download.htm. You may need to download from us certain software to use UNCORK features. Please go to the "Support" area located at www.uncork.biz/support.htm for more information. You may need to obtain updates or upgrades from time to time in order to continue using UNCORK. We may modify system requirements or the Software at any time.
WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE UNCORK SOFTWARE AND SERVICE. We may modify the system requirements for UNCORK at any time.
This agreement shall be governed by the laws of the State of Victoria, Australia.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF VICTORIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF VICTORIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
NOTE: In some countries local laws may prescribe different warranties.