The Software Product: refer www.enterprisetester.com
The Number of Copies to which this License relates: 1 server install

SOFTWARE LICENSE

Catch Limited is willing to license the Software described above (the "Software") to you, or the organization (if any) on whose behalf you are accepting the license, if you accept all the terms of this License. Please read the terms carefully, and indicate your acceptance at the end by checking the “I accept the terms of the License” checkbox and then selecting the “Next” button. If you do not agree to any of these terms, do not check the license terms checkbox, in which case you will not be permitted to install, access, copy or use the Software.

1. License

1.1 Subject to your having paid all fees and become registered with the Enterprise Tester Site as a user, Catch Limited grants to you a non-exclusive, non-transferable license to use the number of copies of the Software described above on the terms of this License.

1.2 Each individual copy of the Software may only be used on a single computer.

1.3 If you have been issued a trial version of the Software the following additional terms apply:

(a) you are licensed to use the Software only for evaluation purposes without charge for 30 days;
(b) on expiration of the 30 days, the Software must be removed from the computer. Unregistered use of Software after the 30-day evaluation period will constitute an infringement of Catch Limited's Proprietary Rights. 
(c) Catch Limited may extend the evaluation period on request and at its discretion; 
(d) if you wish to use the Software after the 30 day evaluation period, a license must be purchased (as described at http://www.enterprisetester.com). On payment of the license fee, you will be sent details on where to download a registered copy of Software and you will be provided with suitable software 'key' by email.

2. Protection of Proprietary Rights

2.1 You acknowledge that the Proprietary Rights in the Software are vested in Catch Limited. “Proprietary Rights” means all property in the Software and rights to patents, licenses, trademarks, trade names, inventions, trade secrets, copyrights, and know-how relating to the origin, manufacture, programming, operating and/or servicing of the Software and any enhancements or modifications to the Software.

2.2 You may not copy the Software in whole or in part in any visual or machine-readable form, except:

(a) to obtain the number of authorized copies; and
(b) for one copy of the Software, which may be made and stored on a storage device, such as a network server, used only to install the authorized number of copies on your computers over an internal network.

2.3 You must:

(a) not copy, translate, adapt, modify, reverse engineer, decompile or disassemble the Software nor communicate the Software to any person other than in accordance with the terms of this License;
(b) ensure your employees and agents comply with the provisions of this License;
(c) not transfer, assign or otherwise deal with the Software or your rights under this License;
(d) maintain and not remove all copyright notices on the Software.

2.4 Your obligations under this clause will survive termination of this License.

3. Limitation of Liability

3.1 You acknowledge that the Software is of a complicated and technical nature and may have defects and that you use the Software on an “as is” basis and at your own risk.

3.2 To the maximum extent permitted by law, all representations or warranties, whether statutory, express or implied (save any which may not lawfully be excluded), are expressly excluded, including the implied warranties of merchantability and fitness for a particular purpose.

3.3 Catch Limited will not be liable for any loss of profits or any indirect or consequential loss or damage, however caused, arising out of or in connection with the use of, or inability to use, the Software.

3.4 If, despite clauses 3.1 to 3.3, Enterprise Tester is proven to be liable to you for direct damages or loss, that liability will not exceed the total amount of the license fee actually paid by you for the Software.

4. Default and Termination

4.1 Catch Limited may terminate this License immediately by notice in writing to you if you breach any provision of this License and, if the breach can be remedied, fail to remedy the breach within 14 days after notice from us.

4.2 On termination of this License you must destroy or return the Software to Catch Limited and destroy all other copies of the Software.

5. Publicity Rights

5.1 You grant Catch Limited the right to identify your company as a customer in Software promotional material. This may include the use of trademarks and trade names.

5.2 You can deny Catch Limited publicity rights at any time by submitting a written request via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , requesting to be excluded from Software promotional material. Requests made after purchasing may take thirty (30) calendar days to process.

6. General

6.1 Any notice to be given in terms of this License must be made in writing or by facsimile transmission sent to the registered office or principal place of business of the other party or to such other address as may be notified by either party to the other from time to time. Any communication by facsimile transmission will be deemed to be received when transmitted to the correct facsimile transmission address of the recipient and any communication in writing will be deemed to be received when left at the specified address of the recipient five days following the date of posting.

6.2 If any provision of this License is invalid or unenforceable the remaining provisions will not be affected and will continue in full force.

7. Governing Law and Jurisdiction

7.1 This License is subject to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.