License keys are issued for the intended use of the person or company identified in the initial purchase. Ownership may be transferred by the purchaser by informing Mindsystems, but must never be transferred without proper notification.

In purchasing this license, the user has already acknowledged and accepted the Mindsystems Terms of Sale. As such the customer agrees to only use the license key in the specified number of locations as defined at time of purchase.

Excessive transfers between PCs may also result in temporary license suspension while active license numbers are verified. Licenses issued under invoice may be suspended or permanently deactivated if failure to pay occurs.

All licenses are issued under the Mindsystems General Terms of Trade [click here].

Additional license conditions outlined at time of installation are considered in effect at all times.

The policies contained in the 'Mindsystems Amode End User License Agreement’ are provided by Mindsystems Pty Ltd ABN 70 101 032 508. This version is effective as of the 8th April 2009 and remains effective until superseded by a authorized and properly published EULA version increment with a effective date later than 7th May 2009. The current EULA document version for Mindsystems Amode is 1.9

These policies have been established to provide a consistent and clear framework within which Mindsystems will provide the Mindsystems Amode software platform to the end user. It outlines roles and responsibilities in providing the software and the users obligations in its usage.

1. Policy Changes or Updates:

Changes to the EULA will be published via the Mindsystems Web Site, and as the current policy at time of purchase will apply to the license sold. Returning customers are required to check for updates upon each new purchase as the current policy at time of purchase will apply to any new purchases.
We may modify this policy at any time in relation to any future purchases, by providing 7 days notice published via the Mindsystems web site and via formal notification of the EULA at time of purchase and/or installation.

2. Definitions:

• "Agreement / Agree" refers to the end user’s agreement to the requirements of the EULA and ongoing commitment to adhere to the requirements of usage.
• “Build / Software Build / Version” refers to the Mindsystems Amode software build ID (usually referenced s part of checking system requirements),
• "Effort / Support Time" refers to billable support services provided by Mindsystems that may assist in resolving technical or usage issues.
• "EULA / End User License Agreement" refers to this document.
• "Law / Legal / Illegal" unless specifically stated refers to the law as defined by the State of Victoria and the Commonwealth of Australia.
• "Major Defects" refers to application faults, bugs or other design based problems that are technically proven to be the root cause of major conflicts with the users System when the users System is within the defined System Requirements. These faults are categorised as System destroying faults or issues that cause unrecoverable operating system failure.
• "Minor Defects" refers to application faults, bugs or other design based problems that are technically proven to be the root cause of minor conflicts with the users System or third party applications, when the users System is within the defined System Requirements. These faults are typically categorised as minor usability issues, resolvable functionality problems, inability to use certain functions of Mindsystems Amode or third party applications and all other faults not categorized as a Major Defect.
• "Mindsystems / Mindsystems Pty Ltd / Us / We / Our" refers to Mindsystems Pty Ltd, authorised resellers/distributors/supply chain and any of its authorised employees.
• "Software / The Software / Application / Program / Product" refers to the Mindsystems Amode application software and associated plug-ins and/or additional embedded services.
• "Store / Shop / Ecommerce System" refers the Mindsystems ecommerce infrastructure and the underlying server network that supports this service over the Internet.
• "System / Operating System / PC" refers to the end user hardware and software assets used to run the Mindsystems Amode application.
• "System Requirements" refers to the recommended user PC configuration for running the software in correspondence with the published Mindsystems Amode Build number.
• "Use / Usage / Running" refers to the act of installing and using the Mindsystems Amode application on the end user system.
• "User / User License / Licenses" refers to a properly authorised per that has been granted permission to a license to use the product and/or service.
• "You / Customer / Client / They" refers to any person accepting services, free or paid, from Mindsystems Pty Ltd. This encompasses end user retail customers and Mindsystems Resellers & Partners.

3. Agreement Scope:

This agreement forms a legally binding contract between you and Mindsystems Pty Ltd. You are deemed to have accepted this agreement and deliberately entered into this contract with the ability to meet all EULA requirements if you download and/or install the software. If you are unable to comply with any aspect of this agreement, either now or in the future, Mindsystems does not permit you to use the software and you should not download and/or install this software.

The agreement remains in force at all times and may only be terminated in accordance with the requirements outlined in section 7 ‘Agreement Termination’.

4. License Overview:

You are authorised to use this software on your computer or on a group of computers as defined by the number of active licenses you currently have in service.  Your license must be considered active and not associated with a account overdue more than 45 days to be covered by this authorisation. Licenses that are associated with accounts overdue 45 days are considered revoked by Mindsystems and not covered by the agreement.

One 'User' license is equal to one single installation on one primary PC and secondary home/non-work/personal/mobile laptop PC. The secondary activation may not be used to cover additional PCs used substantially by someone other than the primary license holder, in such cases additional user licenses must be acquired. The secondary activation is only allowed as a means of providing individual users off-site working capability while at home or away from work.

A single user may not install in multiple locations unless they have a corresponding number of licenses.
Each license permits the backup to a single CDROM or other recordable media for the purposes of personal file recovery only.
This software may be used in trial mode for 21 days per computer, beyond this a purchase must be made to continue normal use. No extensions are possible and trials are for the purpose of assessing the software only.

License keys are issued for the intended use of the person or company identified in the initial purchase. Ownership may be transferred by the purchaser by informing Mindsystems, but must never be copied or duplicated in any way. The customer agrees to only use the license key in the specified number of locations as defined in the purchase agreement.
If you breach any term in this agreement your license is deemed cancelled without further notice. Under these circumstances support will no longer be offered and dependant on the nature of the alteration, legal action may be taken by either Mindsystems or our third party suppliers. Additionally, your requests for future purchases may be declined without justification.

5. Conditions of Use:

You agree that usage of the application affirms your ongoing agreement to adhere to the following conditions of use:

• You will not modify / reverse engineer / deconstruct / extract code / copy code / inspect code / hack / commercially duplicate design / simulate or adapt the product in any way,
• The license key provided as part of full activation grants you access to use the software on an ongoing basis in compliance with the EULA and the software remains the property of Mindsystems Pty Ltd,
• The trial mode grants you access to use the software in compliance with the EULA for a period of 21 days only and the software remains the property of Mindsystems Pty Ltd during the trial,
• If the software is licensed to you under credit terms we may revoke/deactivate your license in response to unpaid invoices,
• You must not redistribute, rent, sub-distribute or on sell this software or any of its components in any way without authorised permission from Mindsystems Pty Ltd,
• You are responsible for the security / integrity and backup of any content that may be created by the software,
• This software is tested against a standard operating environment. Subtle differences in your particular setup, random occurrences, third party product interaction, OS configurations, natural or manmade events may cause unforeseen issues for which we accept no liability. You irrevocably agree to limit our liability from any such occurrence, to no more than the total amount you originally paid for the product in Australian Dollars at the time (in accordance with section 6 ‘Product Warranty’),
• You have made yourself aware of the software build number (published on the product pages and helpdesk) you are installing and what system requirements are advised for that build,
• You agree to only operate the software on software/hardware setups that fall within the system requirements,
• You affirm your awareness of the suggested System requirements for use of the software and accept responsibility for ensuring compatibility with your PC/network/server(s) prior to use,
• You must not represent this product as your own or lead others to believe you are the author,
• You must not willfully misrepresent product functionality or capability to others,
• You will not use the product (either directly or indirectly) in support of any illegal activity,
• The product will not be used in the direct or indirect support of any illegal organisations,
• While Mindsystems will retain your license key or product information securely, you are ultimately responsible for the storage and preservation of this information,
• If receiving the software on behalf of a organisation or group, you have proper authorisation to agree on their behalf and assert your full and unconditional responsibility for any detrimental consequences that may occur from entering into this agreement on behalf of others,
• The information you provide us during the registration and activation process is true and accurate,
• You affirm this agreement is governed irrevocably by the laws of the State of Victoria and the Commonwealth of Australia and you agree to be bound by these laws for the purposes of this agreement,
• If your legal jurisdiction enforces legal requirements that contradict the requirements described in the EULA, and you reasonably believe will prevent you from adhering to the EULA requirements or that may contradict the laws of the State of Victoria or the Commonwealth of Australia, Mindsystems Pty Ltd does not authorise you to use this software in any way.

6. Product Warranty:

Mindsystems warrants that this software will be provided free from Major Defects and will perform substantially as described in formal product documentation, only when installed on a PC that complies with the System Requirements. If usage occurs on a PC that does not meet the System Requirements, no warranty of any kind is made for the product. It is not warranted to be free from Minor Defects.

You are responsible for establishing the suitability of this software for your own purposes and the compatibility of the software in relation to your working processes. Any decision to base current or future business activities, behavioral patterns, methods of operation or similar working processes is entirely at your own risk. As such we make no warranty, expressed or implied, as to the security / integrity or suitability of the data created by or exported outside of the software or the method by which data is stored by the application.

Our liability in all cases is limited to a maximum value of the replacement value of the Software and/or the Effort required by Mindsystems to provide advisory support to recover or reinstall. The definition of maximum value is defined by the transaction amount at the time of purchase in Australian Dollars. If in trial mode and no purchase has occurred, our liability is limited to the Effort required in providing advisory support to assist in recovering or reinstalling your PC. In all cases you agree to hold immune and defend Mindsystems from any resulting loss or damage above the maximum amount specified by this warranty.

In no case will we be liable for any special, circumstantial, unexpected or other associated losses or damages caused by the software or its use.

If your local legal jurisdiction enforces legal requirements that contradict the requirements described in the EULA, Mindsystems Pty Ltd offers no product warranty of any kind for the product and advises you not to use the product.

7. Agreement Termination:

If you fail to comply with any conditions found in the EULA, you should consider the agreement terminated by Mindsystems immediately without notice. In such instances right to use the software, ownership of the license and warranty are revoked immediately and you should destroy all copies of the software, records of license codes and associated product documentation. 

You may terminate this agreement at any time by destroying all copies of the software, records of license codes and associated product documentation. 

In cases excluding willful failure to comply with the EULA, Mindsystems may terminate this agreement at any time, with best effort notice (3 email or phone contact attempts), if it reasonably believes you have breached this agreement. If you are able to demonstrate the agreement has been terminated by Mindsystems incorrectly, Mindsystems will re-enable the agreement.

Regardless of reason, termination of the agreement means you must destroy all copies of the software, records of license codes and associated product documentation. 

8. Indemnification:

You will indemnify us or any of our associated affiliates and hold us immune to all claims of damage or loss of any kind above that specified in ‘6. Product Warranty’ as a result of use or association with this software.

9. Contact and Representation:

Mindsystems Pty Ltd
ABN 70 101 032 508   ACN 101 032 508
19 & 20 / 1253 Nepean Highway, Cheltenham VIC 3192 Australia
http://www.mindsystems.com.au
Tel: +61 3 9770 2555 Fax: +61 3 9770 0400