Quest Payment Systems UT430 Installation & User Manual - page 34
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UT430 Installation Guide
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SOFTWARE WARRANTY
(QUEST DOC# 510-0147-04)
SOFTWARE LICENCE: Quest Payment Systems Pty Ltd (Quest) grants the licensee a non-exclusive
licence to use the Software in this package on one (1) computer node, upon payment of an agreed
fee.
Quest retains title to and ownership of this copy and all backup copies and all intellectual property
rights related to the Software. You may make copies of the Software for backup purposes. You
may not copy the relevant documentation, make alterations or modifications to the Software, or
attempt to discover the source code of the Software. The Software may not be sub-licensed,
rented, or leased, unless we expressly agree otherwise in writing.
Both the licence and your right to use the Software terminate automatically if you breach any part
of this licence agreement. In the event of termination, you must (at Quest’s option) immediately
destroy all copies of the Software or return them to Quest. Quest may from time to time in its sole
discretion supply updates.
WARRANTY AGAINST DEFECTS: If you discover defects in the media on which the Software is
distributed or in the accompanying documentation, Quest will replace the media or
documentation for a period of ninety (90) days after we supply the Software to you. All warranties
not referred to in this document are excluded.
CONSUMER GUARANTEES: Subject to Quest’s rights under the Australian Consumer Law (which
Quest fully reserves), our goods come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have
the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not
amount to a major failure. You agree that our Software will be of acceptable quality if it remains
functional in accordance with its specifications and accompanying documentation for ninety (90)
days after the date of supply.
LIMITATION OF LIABILITY: The liability of Quest for the breach of the consumer guarantees in the
Australian Consumer Law and all other liability in relation to our Software or its documentation
and this agreement (including under the limited software warranty against defects set out above)
is limited to, at the option of Quest, the repair or replacement of the Software, the supply of
equivalent software or the payment of the costs of replacing or repairing the Software. Without
limitation, Quest shall in no event be liable for direct, indirect, incidental, contingent, or
consequential damages resulting from any defect in the Software or its documentation and this
agreement, including (but not limited to) damages from loss of data, down-time, goodwill, damage
to or replacement of equipment or property, and any costs of recovering, reprogramming, or
reproducing any data or programme used in conjunction with Quest products.
CLAIMS: If you wish to make a claim under the warranty against defects set out above or the
consumer guarantees in the Australian Consumer Law, you must return the disk containing the
Software or documentation to Quest within ninety (90) days after we supplied the Software to
you, at your cost, accompanied by proof of purchase.
APPLICABLE LAWS: The laws of the State of Victoria, Australia govern this licence agreement.