End User License Agreement for HumanWare Software Products
Last updated: May 24th, 2024.
This End User License Agreement (“EULA”) is entered into between Technologies HumanWare Inc. a Québec, Canada corporation, with an address at 1800 Jean-Berchmans-Michaud street, Drummondville, Quebec, Canada J2C 7G7. ( “HumanWare”) and you (“You”, “Your”) and shall be effective as of the date You accept the terms of this EULA by any of the means described herein (“Effective Date”). Capitalized terms used in this document are defined throughout the document and in Section 8 below.
Be sure to carefully read and understand all of the rights, obligations and restrictions set forth in this EULA as this EULA governs Your use of the [●] software (“Program”). BY AGREEING TO THE TERMS OF THIS EULA, OR BY USING, INSTALLING OR DOWNLOADING THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
If You choose to not accept the terms of this EULA, then (i) if You received a packaged copy of the Program, You must promptly return the Program, or (ii) if You received a copy of the Program as an electronic download, You must promptly remove the Program from your Computer, network or other device on which the Program is saved, stored or copied. For copies of the Program obtained in a physical package, if You do not accept the License, the following items must be returned to HumanWare: the Program, all Documentation that may have been included with the Program, and the receipt You received when You purchased the Program. We will refund to You the amount of money You actually paid for the License, minus shipping/handling fees if You meet the above conditions.
1 Your License
HumanWare provides You with the Program that You have downloaded, received in a package with this EULA, or received by other authorized means, for Your use in accordance with the terms and conditions this EULA.
Subject to the terms and conditions in this EULA, HumanWare grants to You a limited, nonexclusive, nontransferable, non-sublicensable license to use the Program for the applicable Term (the “License”). The provisions of this EULA apply to all license types.
1.1 Upgrades and Updates
HumanWare may from time to time and for a fee offer You the option to receive Upgrades and Update for the Program. The Upgrade and Update options may be varied by HumanWare from-time-to-time, and may include, but not be limited to a one-time Upgrade or Update or an annual automatically recurring subscription to Upgrades and Updates issued during the subscription term. If and when You accept or otherwise install any Upgrade or Update, such Upgrade or Update will be considered part of the Program and your use of the Upgraded or Updated Program will be subject to this EULA. HumanWare reserves the right to discontinue support for all versions of the Program other than the then-current released version or updated Program. To be eligible to use any Upgrade or Update, You must be first licensed and current in the payment of applicable license fees for the Program.
1.2 License Fees.
Your use of the Program is subject to payment of any license or renewal fee (if applicable) for any subsequent Term. HumanWare may change any fee for a renewal Term in its sole discretion. To maintain Your License in good standing under this EULA, You must timely pay any applicable license or renewal fee. Failure to pay any applicable fee shall be grounds for termination of the License by HumanWare.
2 THE PROGRAM
2.1 Use of the Program.
You assume sole responsibility for determining the appropriateness of the Program for achieving your intended results. You further assume sole responsibility and all risk for the installation and use of the Program, and all data and results obtained from such installation and use of the Program. You assume complete responsibility for the selection, installation, use, and placement of hardware with which You use the Program. We do not warrant that the Program is suitable for your particular purpose or use. You may, from time to time, copy and use the Program for purposes of archival or emergency backup. These copies and the original Program may be stored in the possession of another person, so long as the storage does not result in the Program being used in violation of these terms. Your use of the Program as an End User must be consistent with this installation and use requirements. You shall be responsible for any acts and omissions of Your End Users in connection with your obligations under this EULA.
2.2 Restrictions on Use of the Program.
You may not use the Program for any purpose other than personal use. You may not: alter, modify, decompile, disassemble, reverse engineer, rent, lease, loan or sublicense the Program; create derivative works from the Program; or, except as expressly permitted in this EULA, copy, reproduce, duplicate, transfer, distribute or provide others with the Program. You may not operate or provide the Program as a service bureau. You may not circumvent any security or copy protection measures in the Program.
2.3 Intellectual Property.
The Program and any authorized copies that You make are the intellectual property of, and are owned by, HumanWare. The structure, organization, and source code of the Program are the valuable trade secrets and confidential information of HumanWare and its licensors. The Program is protected by law, including but not limited to the copyright laws of Canada and other countries, and by international treaty provisions. Except as expressly stated herein, this EULA does not assign to You any intellectual property rights in the Program. All rights not expressly granted hereunder are reserved by HumanWare and its licensors.
3 TERM AND TERMINATION
3.1 Term and Renewal.
This EULA and the License shall be effective from the Effective Date and shall extend for the applicable Term. In the case of limited duration Licenses, the “Term” will mean the duration set out in the applicable ordering document, subject to such Term being extended pursuant to HumanWare’s then-current renewal requirements or as may be provided for in an applicable ordering document, including payment of all fees applicable to any renewal period. The “Term” of so called “Permanent” or “Perpetual” licences will terminate 20 years after the Effective Date.
3.2 Termination by You.
You may terminate this EULA and the License at any time by removing or destroying all copies of the Program, regardless of the form, from your Computer, or otherwise in your possession or control, or as otherwise provided by HumanWare at the time of purchase.
3.3 Termination by HumanWare.
This EULA and Your License to use the Program may be terminated by HumanWare in the event of Your breach or failure to comply with any of the terms and conditions of this EULA. In such as case, we will provide You with a notice of default and this EULA will automatically terminate should You fail to cure the default or breach within 15 days of receipt of the notice of breach. We may also terminate this EULA and the License upon reasonable notice to You and refund of any prepaid fees.
3.4 Requirements upon Termination.
Upon termination or expiration of this EULA, You are required to immediately cease use of the Program and destroy, delete or remove all copies of the Program from the Computer on which the Program is saved, stored or copied. Notwithstanding any termination or expiration of this EULA, the following sections shall survive: 2.2, 2.3, 3.4, 4, 5, 6, 7, 8 and 10.
4 LIMITED WARRANTY
4.1 Limited Warranty.
HUMANWARE WARRANTS THAT THE PROGRAM (EXCLUDING UPDATES FOR PURPOSES OF THIS SECTION 4.1) WILL CONFORM IN ALL MATERIAL RESPECTS TO HUMANWARE’S THEN-CURRENT DOCUMENTATION FOR THE PROGRAM FOR A PERIOD OF NINETY (90) DAYS FOLLOWING DELIVERY TO YOU. IN THE EVENT OF ANY CLAIM BY YOU UNDER THIS LIMITED WARRANTY, YOU MUST NOTIFY HUMANWARE IN WRITING DESCRIBING IN REASONABLE DETAIL THE NATURE OF THE NONCONFORMITY, AND PROVIDE TO HUMANWARE SUFFICIENT DETAIL TO ALLOW HUMANWARE TO REPRODUCE THE PROBLEM. THE LIMITED WARRANTY CONTAINED IN THIS SECTION 4.1 WILL NOT APPLY IF, AND TO THE EXTENT THAT: (A) THE PROGRAM IS NOT USED IN ACCORDANCE WITH THIS EULA OR THE DOCUMENTATION; (B) THE PROGRAM OR ANY PART THEREOF HAS BEEN CUSTOMIZED, MODIFIED, ALTERED OR CHANGED BY ANYONE OTHER THAN HUMANWARE; OR (C) A MALFUNCTION IN THE PROGRAM HAS BEEN CAUSED BY ANY OF YOUR EQUIPMENT OR ANY THIRD-PARTY SOFTWARE.
4.2 As-Is And Disclaimer Of Warranties.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 4.1 AND TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, HUMANWARE PROVIDES THE PROGRAM TO YOU “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONVENTIONAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HUMANWARE DOES NOT WARRANT, AND YOU HEREBY WAIVE, ANY CLAIM, THAT YOUR USE OF THE PROGRAM WILL BE ERROR FREE OR THAT THE PROGRAM OR ITS FEATURES WILL MEET YOUR REQUIREMENTS.
HUMANWARE MAKES NO REPRESENTATIONS OR WARRANTIES (AND EXPRESSLY DISCLAIMS ALL WARRANTIES) WITH RESPECT TO ANY HARDWARE, SOFTWARE, DATA OR INFORMATION NOT SUPPLIED BY HUMANWARE.
You hereby acknowledge and agree that Your use of the Program shall be at Your sole and exclusive risk and be subject to applicable rules, regulations and laws. You assume any and all risks as to the results derived from Your use of the Program, including any risk, damage, loss or harm resulting therefrom.
4.3 Inapplicability Of Exclusions.
As the exclusion of implied warranties is not permitted by some states or jurisdictions, the above exclusions may not apply to You. In that case, any implied warranties are limited in duration to ninety (90) days from the earlier date of download or installation of the Program or activation of the License. In addition, Section 10, provides certain specific provisions applying to users located in certain jurisdictions.
5 LIMITATION OF REMEDIES
5.1 Exclusive Remedy.
EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.2 OF THIS EULA, HUMANWARE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY DURING THE WARRANTY PERIOD SHALL BE THAT HUMANWARE, AT ITS SOLE DISCRETION, WILL EITHER CORRECT OR REPLACE THE PROGRAM NOT MEETING HUMANWARE’S LIMITED WARRANTY.
5.2 Limitation Of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS IN ITS ESSENTIAL PURPOSE, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, PROFITS, DATA OR INFORMATION, FOR BUSINESS INTERRUPTION, OR ANY FOR OTHER PECUNIARY LOSS), ARISING OUT OF OR IN ANY WAY RELATED TO THEIR RESPECTIVE OBLIGATIONS UNDER THIS EULA AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF HUMANWARE FOR ANY DAMAGES UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE ACTUAL FEES PAID TO HUMANWARE BY OR ON BEHALF OF YOU FOR THE SINGLE LICENSE EXPRESSLY COVERED BY THIS EULA PROVIDED THAT, HUMANWARE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.2 OF THIS EULA SHALL BE CAPPED AT $10,000.
As the exclusive remedy and limitation of liability clauses may not be permitted by some states or jurisdictions, the provisions of Sections 5.1 and 5.2 may not apply to You.
6 INDEMNIFICATION
6.1 By You.
To the maximum extent permitted under applicable law, You agree to indemnify and hold HumanWare and its affiliates and subsidiaries, and their respective officers, directors, employees, agents, representatives, successors, assigns, service providers and suppliers harmless from any and all claims, losses, demands, fines, penalties, costs, and expenses, including reasonable attorney fees and court costs, made by any third party in connection with or arising out of: (a) any bodily injury (including death) or damage to real property or tangible personal property caused by You; (b) your breach or violation of any provision of this EULA or any applicable License; and (c) your violation of applicable laws or any rights of another person or entity.
6.2 By HumanWare.
HumanWare will indemnify, defend and hold You harmless based on or arising out of any claim that the Program or any part or use thereof infringes or violates any U.S. patent, copyright, trademark, or trade secret of any third party, provided that (a) You notify HumanWare in writing of the claim without delay, (b) You give HumanWare sole control over the defense and all negotiations for a settlement or compromise of the claim, and (c) You provide HumanWare reasonable assistance as is necessary for HumanWare’s to perform its obligations hereunder. The foregoing indemnity shall not apply with respect to the Program, or portions or components thereof: (i) not provided by HumanWare; (ii) used in a manner not expressly authorized by this EULA; (iii) if the alleged infringement or misappropriation results from any customizations, modifications, alterations or changes to the Program not developed or provided by HumanWare; or (iv) combined with other products or services not provided by HumanWare where the alleged infringement would not exist but for such combination. In the event that the Program is held by a court of competent jurisdiction to constitute an infringement or the use of the Program is enjoined (or HumanWare reasonably believes that any of the foregoing are reasonably likely to occur), HumanWare may, at its option: (x) procure for You the right to continue to use the Program; (y) modify the Program to make its use non-infringing; or (z) terminate this EULA and refund prepaid fees for the current Term (excluding perpetual licenses). The remedies set forth in this Section 6.2 are Your sole remedies, and HumanWare’s sole liability and obligation with respect to any actual, threatened, or alleged claims that the Program or any portion thereof infringes, misappropriates, or otherwise violates any intellectual property rights of any third party.
7 OTHER PROVISIONS
7.1 Restrictions on Assignment and Transfer.
Except as permitted herein, You may not sublicense, assign, or transfer this EULA or the License to another party, and any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this EULA or the License shall be null and void, without any legal effect, and deemed a breach of this EULA.
7.2 Governing Law, Jurisdiction and Venue.
This EULA will be governed by the laws of the Province of Quebec, Canada, excluding its conflict of laws principles. The parties agree that the sole and exclusive venue and jurisdiction for filing and maintaining any lawsuit or other action or proceeding related to this EULA shall be in Province of Quebec, Canada. By entering into this EULA, each party consents and agrees to submit itself to the personal jurisdiction of such courts. The parties agree that neither the Uniform Computer Information Transactions Act, the United Nations Convention on Contracts for the International Sale of Goods or any similar provisions from any other state or jurisdiction shall apply to this EULA.
7.3 Export Restrictions.
You may not export, ship, transmit or re-export the Program in violation of any applicable law or regulation, including but not limited to, applicable export control laws and regulations. In any case, You will indemnify and hold HumanWare harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorney’s fees) arising from, or relating to, any breach by You of your obligations under this section.
7.4 Amendment; Waiver.
HumanWare may amend or modify this EULA at any time by posting a revised version on the HumanWare website and by otherwise notifying You through your account or other contact information that You provided at least 30 days prior to such amendment or modification becoming effective; provided, however, that HumanWare will provide such advance notice but also seek your consent in connection with any changes that may affect your rights or create additional material obligations under the EULA. The modified terms will become effective upon expiration of the advance notice and, as the cas may be, upon receiving confirmation of your consent to such amendment or modification. By continuing to use the Program after the effective date of any modifications to this EULA (or, depending on the case, by confirming your agreement with the proposed amendment or modification), You agree to be bound by the modified terms. Should you disagree with the proposed amendment, You will notify HumanWare in writing within 30 days and you sole recourse will be to terminate this EULA and receive a refund of any unspent, pre-paid license fees. Notwithstanding anything to the contrary herein, if You and HumanWare sign a separate amendment or supplement to this EULA in connection with your use of the Program, the terms in this EULA will be amended or supplemented by such separate amendment or supplement, as applicable, with any clear conflict between the terms in this EULA and the separate amendment or supplement being resolved in favor of the terms of the separate amendment or supplement.
7.5 Severability.
In the event that any one or more of the provisions of this EULA are held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired and enforced to the full extent permitted by law.
7.6 Entire Agreement.
This EULA constitutes the entire agreement between You and HumanWare related to the Program and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations and communications between You and HumanWare related to the Program. You acknowledge that You have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
7.7 Statutory Exceptions for Public Institutions.
If You are a government or public agency, instrumentality or institution, including without limitation a public educational, research or medical institution or body, and any terms in this EULA are invalid or unenforceable against You because of applicable law, then those terms will be deemed excluded and unenforceable (as the case may be), and instead construed in a manner most consistent with applicable law. In addition, if you are precluded by applicable law to consent to a different choice of governing law than the one set out in Section 7.2, then this EULA will be governed and construed under the laws of the country, state, province or other jurisdiction in which your primary office is located.
If you have any questions regarding this EULA or if you wish to request any information from HumanWare, please use the address and contact information included with this product to contact the HumanWare office serving your jurisdiction.
8 DEFINITIONS
8.1 “Activated” means that an appropriate License key has been entered allowing the Program to fully operate.
8.2 “Computer” means a computer, workstation, terminal or other computing device.
8.3 “Documentation” means the user guide, help information, content and/or other documentation and materials accompanying and associated with the Program, including associated media, printed materials and any online or electronic documentation provided by HumanWare for use with the Program.
8.4 “End User” means You, as an individual, or an end user authorized to use the Program pursuant to an agreement entered into between HumanWare and an Organization.
8.5 “License” means the license to use the Program as set forth in this EULA, as may be supplemented by an order or such other document or confirmation issued, agreed or otherwise confirmed by HumanWare that contains the specifics of the type of license to use the Program.
8.6 “Organization” means any business entity, enterprise, organization, educational institution or governmental institution that purchases a multi-user license for the benefit of its employees, contractors and or consultants. An Organization shall be responsible and liable for any and all use of the Program by individual End Users receiving and using the Program under a multi–use Organization license.
8.7 “Program” means, collectively, the computer program (in object code) of HumanWare provided to and downloaded, installed or accessed by an End User pursuant to this EULA, and any Updates and Upgrades provided under this EULA or another agreement between You and HumanWare.
8.8 “Upgrade” means any new version of the Software delivered to You pursuant to this EULA or another agreement between You and HumanWare.
8.9 “Update” means any patch, bug fix or any other update of the Software delivered to You pursuant to this EULA or another agreement between You and HumanWare.
9 COMPLIANCE TO DATA PROTECTION AND PRIVACY LAWS; UPDATING; ACTIVATION AND CONNECTIVITY
9.1 Consent to Connection to Internet and Use of Data and Information. The Program may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with an HumanWare website or HumanWare domain for purposes such as license validation and providing Customer with additional information, features, or functionality. The Program may collect information regarding your use of the Program, and send that to HumanWare. HumanWare may use this information to provide services and improve our products and services. You may opt out of some of these scenarios, but not all, as described in our Privacy Policy. By using the Program You agree to such collection, use, and disclosure of information in accordance with HumanWare’s Privacy Policy available on HumanWare official website.
9.2 Updating. The Program may cause Your Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify HumanWare of the results of installation attempts. (c) If You access a HumanWare Online Service, additional terms of use may apply.
9.3 Activation. The Software may require You to (a) obtain an HumanWare ID, (b) activate or reactivate the Program, or (c) register the Program. Such requirement may cause Your Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Program will collect and transmit information to HumanWare. The Program or You may also receive information from HumanWare related to Your License or subscription. HumanWare may use such information to detect or prevent fraudulent or unauthorized use without with a valid license or subscription. Failure to activate or register the Program or validate the subscription, or a determination by HumanWare of fraudulent or unauthorized use of the Program may result in reduced functionality, inoperability of the Program, or a termination or suspension of the License or subscription.
9.4 Deactivation. You may deactivate and uninstall the Program from Your Computer in order to install and activate the Software on another Computer in accordance with this EULA (“Deactivation”). Deactivation may require Internet connectivity.
9.5 Use of Online Services. The Program may cause Your Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Your access to content and services that are provided by HumanWare or third parties. In addition, the Program may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when You are offline.
9.6 Digital Certificates and/or licences. The Software uses digital certificates and/or licences to help Customer identify downloaded files (e.g., applications and content) and the publishers of those files. Customer’s Computer may connect to the Internet at the time of validation of a digital certificate.
10 Specific Provisions and Exceptions
This section sets forth specific provisions applying to users located in certain jurisdictions and provide limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, the terms stated in this section will supersede such other term or condition.
10.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.
10.1.1 This EULA will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this EULA is subject to the Consumer Guarantees Act.
10.1.2 If Customer obtained the Software in the European Economic Area (EEA), Customer usually resides in the EEA and Customer is a consumer (that is, its use of the Software is for personal, non-business related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s purchase and use of the Software. Instead, HumanWare warrants for a period of 1 year from purchase that the Software provides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the Compatible Computer. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the HumanWare Customer Support Department during this 1 year period, providing details of proof of purchase of the Software. HumanWare will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly (in which case, HumanWare shall assist Customer). If there is a defect in the Software, Customer may request from HumanWare either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event Customer’s warranty details are substantiated, HumanWare will meet Customer’s request for repaired or replacement Software, unless it is not reasonable for HumanWare to do so, in which case HumanWare will provide Customer with a refund. For warranty assistance, please contact the HumanWare Customer Support Department.
Please note that the provisions of Section 5.2 (Limitation of Liability) will continue to apply to any damages claims Customer makes in respect of its use of the Software. Nonetheless, HumanWare shall be liable for direct losses that are reasonably foreseeable in the event of a breach by HumanWare of this EULA. Customer is advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and its computer data.
This EULA, and in particular this Section 10.1.2, is intended to describe Customer’s rights (including its statutory rights) in the event there should be problems with its use of the Software. If Customer’s statutory rights are greater than this description, its statutory rights shall apply.
10.1.3 Nothing included in this EULA shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and Customer has first asked HumanWare in writing to provide the information necessary to achieve such interoperability and HumanWare has not made such information available. In addition, such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer’s behalf. HumanWare has the right to impose reasonable conditions before providing such information. Any information supplied by HumanWare or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of HumanWare or its licensors.
10.1.4 If Customer obtains the Software in Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this EULA:
NOTICE TO CONSUMERS IN AUSTRALIA:
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 for 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. Our software products also come with a 90‑day limited warranty given by HumanWare. If your products do not provide the general features and functions described in the User Documentation in the 90‑day period after delivery to you, please call the HumanWare Customer Support Department with details of your product, serial number, other identifying information, and proof of purchase. You may be required to return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in addition to other rights and remedies that you may have at law.