Copyright (c) 1997-1999, IO International (temporary)

Super Workspace Version 1.1
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End User Licence Agreement
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VERY IMPORTANT: Permission to use the Super Workspace Version 1.0 or later version Software (Super Workspace) and documentation is conditional upon you, the Customer, agreeing to the terms set out below.  Do not install or load Super Workspace until you have read and accepted all the terms of this licence.  Your loading of Super Workspace will be deemed to be your acceptance of the terms set out below.


1. Licence.  The copyright in Super Workspace and its documentation is owned by WM Swanepoel (IO International - temporary) - here after "the developer".  Subject to the terms of this licence you are granted a non-exclusive right to install and use Super Workspace shareware version on as many machines as you like. The shareware version allows full functionality in extracting/opening super workspace files, while functionality is limited for the creation of Super Workspace files.  In order to obtain the full functionality of Super Workspace a registration fee is payable (see order.txt for pricing).  The developer may, if all licence fees have been paid in full and at its sole discretion, from time to time, provide you with codes to enable you to use Super Workspace.  Since reinstallation requires a new unlock code, users are advised to be conservative in moving or uninstalling Super Workspace on their designated compter of use.  The registration fee includes 15 (fifteen) courtesy "reinstallation" registration codes, which may (if considered legitemate) be granted to the registered user.  After all fifteen courtesy registration codes have been used the full registration fee will be payable for an additional fifteen courtesy login codes. 
3. Your obligations.  You hereby undertake: not to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute Super Workspace or its documentation other than as expressly authorised by this licence; not to use Super Workspace for or in connection with a service bureau operation; to supervise and control the use of Super Workspace in accordance with the terms of this licence; to ensure that your officers, employees, sub-contractors and other agents who have authorised access to Super Workspace are made aware of the terms of this licence; not to provide or otherwise make available Super Workspace in any form to any person (except the original shareware version); and to advise the developer in writing within seven (7) days of you becoming aware of any person using Super Workspace who is not licensed by the developer to do so; not to infringe the intellectual property rights of any third party, including copyright, by using Super Workspace.  You acknowledge that copyright subsists in Super Workspace and any documentation and belongs to the developer. You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright. You shall ensure that you have the permission of the copyright owner of all materials you distribute using Super Workspace.  You shall indemnify the developer fully against all liabilities, costs and expenses, which the developer may incur to a third party as a result of your breach of any of the provisions of this agreement.
4. Shareware Version Only.  Notwithstanding your obligations above, the shareware version of Super Workspace may be freely copied and distributed provided that it is complete and unmodified in any way.  However, written permission must be received to distribute the shareware version of Super Workspace on retail racks, cd roms, or if it is bundled with any other product.
5. Limited Warranty.  Spidersoft warrants that Super Workspace media is free from defects in manufacture.  Spidersoft will replace any defective media at no charge, subject to notification of the defect within thirty (30) days of the date of the commencement of this licence and this shall be your sole remedy for any such defect.  Super Workspace and any documentation are provided AS IS and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded.  Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement.  However, the liability of the developer for any breach of such term shall if permitted by that legislation be limited, at the developer’s option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.
6. Limitation of Liability.  Except for the Limited Warranty, the developer shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this agreement or the failure or omission on the part of the developer to comply with its obligations under this agreement.
7. Duration.  The licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy Super Workspace and documentation for any reason.  Upon termination, you or your representative shall destroy any remaining copies of Super Workspace and documentation or otherwise return or dispose of such material in the manner directed by the developer.  Termination pursuant to this clause shall not affect any rights or remedies, which the developer may have otherwise under this licence or at law. 
8. Support.  Nothing in this licence imposes an obligation on the developer to rectify any software or documentation errors in Super Workspace or to provide you with any corrections, modifications, enhancements or other form of support in relation to Super Workspace. The developer is under no obligation to update or maintain Super Workspace.
9. Assignment.  You may only transfer all your rights and obligations under this licence to another party if you supply to the transferee a copy of this agreement, the licence information and all other documentation including proof of ownership and the original supply diskettes or media unaltered in any way.  Your licence is then terminated.  If Super Workspace is licensed in multiples of two or more (for example a pack) it may only be transferred in its entirety.  Individual licences to such components cannot be transferred.
10. Waiver.  Failure or neglect by the developer to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of the developer’s rights under this licence.
11. Governing law and Severability.  This agreement will be governed by and construed according to the law of the Republic of South Africa. The parties irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of South Africa.  This agreement is deemed to have been made in South Africa.  If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.
12. Entire Agreement.  This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement.  Any prior arrangements, agreements, representations or undertakings are superseded.  No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.
