You, the user of this Software, agree that other than as required by law or as provided in any written agreement with you, Global Software Systems Limited [HK] (the Company), Global Software Systems (UK) Limited (the Company), Global Software Systems (Aust) Pty. Ltd. (the Company) and / or Global Software Systems Pty. Ltd. (the Company) make or gives no condition, warranty, undertaking or representation in relation to the state, accuracy, suitability, quality of or title to the Software nor is it responsible for any malfunction, breakdown, delay, loss or damage (including actual, incidental, contingent, special or consequential loss or damage or lost profit or revenue) arising directly or indirectly from the use or non-use of the Software, and all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the state, accuracy, suitability, quality of or title to the Software are hereby negated and excluded to the fullest extent permitted by law. You agree that to you as a purchaser or user that this agreement conveys to you a non-exclusive non-assignable license, but such license does not include the right to reproduce, publish or license such Software to others. The Company expressly reserves and you the user expressly consents that the entire right and title to such Software and any subsequent modifications and additions thereto shall remain with the Company and the Company has the exclusive right to protect by copyright or otherwise to reproduce publish sell and distribute such Software to anyone. You the user agree to use reasonable controls to protect the confidential nature of all Software furnished by the Company. You the user acknowledges that the Software package is of a confidential nature and agrees that the Company will not be obliged to supply any source code to the prospective purchaser and that the prospective purchaser will not provide, disclose or otherwise make any part of the software package provided by the Company (including without limitations flow charts, diagrams, code, documentation and operations manuals in any form) available to any third party without the prior written consent of the Company. You the user will ensure that your employees shall preserve the secrecy and confidentiality of the Software package and will if required to do so by the Company before all allowing any of your employees access to the Software package require them to sign a confidential Information Agreement in a form to be provided by the Company. You the user agree not to reverse engineer, decode, disassemble or decompile any of the programs supplied by the company. The Company believes that the Software furnished hereunder is accurate and reliable. The Company shall not be liable for incidental or consequential damages arising out of the use or operation of the Software or failure of the Software to conform to the specifications. During the term of this agreement and for a period of twelve months thereafter, you the user will not employ, hire, contract, deal with or use any employee, consultant, contractor or the principal employees of a contractor of Global Software Systems Limited [HK] (the Company), Global Software Systems (UK) Limited (the Company), Global Software Systems (Aust) Pty.Ltd. (the Company) and / or Global Software Systems Pty. Ltd. (the Company) for the provision of any services relating to computer programming or the support and/or maintenance of any computer hardware or software, without obtaining the prior written consent of Global Software Systems Limited [HK] (the Company), or Global Software Systems (UK) Limited (the Company), Global Software Systems (Aust) Pty.Ltd. (the Company) and / or Global Software Systems Pty. Ltd. (the Company). This Agreement shall be governed by and shall be construed in accordance with the laws of state of Victoria, Australia, or Hong Kong, or England as defined by the jurisdiction of your original agreement with the company and you irrevocably submit to the jurisdiction of the Courts of Victoria Australia , or Hong Kong, or England as defined by the jurisdiction of your original agreement with the company. You, the user of this software agree that the Terms & Conditions of the original sale agreement always apply along with the terms & conditions of the "Client Systems Support Plan" and you agree to pay for the software & services requested in accordance with the original sale agreement and in Schedule B of the "Client Systems Support Plan". Should any data at all be written in to the system database or other system files either overtly, covertly or clandestinely or in any other manner by you, the user of this Software, from software which is not our Proprietary Software then the company will be relieved of any obligation to maintain the system in operable working order. The Client Services to be provided will not extend to software which is not our Proprietary Software, nor to data emanating from software which is not our Proprietary Software, nor to any interaction with software which is not our Proprietary Software, nor to any direct interaction between system data or files and software which is not our Proprietary Software. This agreement contains the entire understanding of the parties and is intended as a final expression of their agreement and a complete statement of the terms thereof. It shall not be modified except by an instrument in writing signed by the parties hereto.
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