January 20, 2016

End-User Licence Agreement

THE FOLLOWING END-USER LICENCE AGREEMENT (“EULA”) REGULATES ALL USE OF HOUND TRACKER.

This is a legal agreement between you (either an individual or an entity) and Hound Analytics Pty Ltd (“Hound Analytics”). You should read the following terms and conditions carefully before using this software, as your use of Hound Tracker is your acceptance of this EULA and Warranty.

Grant of Licence

This EULA permits you to use one copy of Hound Tracker on one workstation or thin client/server terminal running Microsoft(R) Windows(TM). A separate Licence is required for each copy of Hound Tracker that has been installed even if it is not currently in use. Hound Tracker has been “installed” on a computer when it has been loaded into the temporary memory (i.e. RAM) or copied onto the permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer or if it has been accessed by a thin client/server terminal.

You may have access to Hound Analytics through a network, provided that you have obtained individual Licences for the software covering all workstations and thin client/server terminals that will access the software. Note that each workstation and thin client/server terminal must have its own Licence regardless of whether Hound Tracker is being used on all computers concurrently.

As shipped, Hound Tracker has full functionality for an evaluation period of fourteen (14) days from first use. After this period has expired, you must register to continue to use the software via the Hound Analytics web site (https://houndanalytics.com/). If you register Hound Tracker then this Licence will continue for the duration of the subscribed period.

Copyright

Hound Tracker is owned by Hound Analytics and is protected by copyright laws and international treaty provisions. You may distribute Hound Tracker subject to the Rights and Limitations and as set out under the Distribution provision below.

Distribution

You may not sell, rent, loan, lease or sub-licence Hound Tracker in any manner. You are permitted to distribute copies of Hound Tracker at no charge provided this Licence accompanies all copies of Hound Tracker. This Licence will apply to all copies of Hound Tracker. All copies of Hound Tracker which are distributed will have full functionality for a period of fourteen (14) days from first use. After this period has expired copies must be registered to continue to use the software. It is necessary to register Hound Tracker via the Hound Analytics web site (https://houndanalytics.com/). You are entitled to a single Registration Key for each licensed copy of Hound Tracker.

You may not copy user documentation provided with Hound Tracker except for your own authorised use.

Rights and limitations

You may not reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of Hound Tracker.

You may not create derivative works from Hound Tracker.

You may not sub-licence, rent or lease Hound Tracker.

You may not assign or transfer this Licence to a third party.

You may not attempt to bypass or defer registration of Hound Tracker.

You may not attempt to extend the evaluation period of Hound Tracker.

Limited Warranty

Hound Analytics warrants that Hound Tracker will perform substantially in accordance with the user documentation for a period of thirty (30) days from the date of receipt. Any implied warranties on Hound Tracker are limited to thirty (30) days.

No other warranties

Except for the warranty set out above Hound Analytics does not warrant that the functions contained within Hound Tracker will meet your requirements or that the operation of the software will be uninterrupted or error free and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability and fitness for a particular purpose are excluded.

No liability for consequential damages

In no event will Hound Analytics be liable for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use Hound Tracker howsoever caused and whether arising under contract, tort including negligence or otherwise even if Hound Analytics has been advised of the possibility of such damages. In the event of any other losses, or if any exclusion, disclaimer or other provision contained in this Licence is held invalid for any reason then the liability of Hound Analytics will be limited to the cost of this Licence.

Support and Maintenance

Grant of this Licence does not imply continued support or maintenance of this software by Hound Analytics.

No variation

The terms and conditions of this Licence may not be varied without the express written consent of Hound Analytics.

Breach by Licencee

Any breach of the terms and conditions of this Licence by the licencee will result in immediate termination of the licencees’ rights under this Licence. However, while a breach limits the rights of the licencee to use Hound Tracker, it in no way limits the continuing obligations of the licencee with respect to this Licence. In the event of a breach, all Hound Tracker software and documentation must be returned to Hound Analytics and all traces of Hound Tracker software must be deleted from computers owned or operated by the licencee. Categories of damages include, but are not limited to, lost profits on the part of Hound Analytics.

Applicable law

This EULA is governed by the laws of Queensland, Australia or, where supplies are made outside of Australia, by the laws of jurisdiction in which the supplies are made.