Following is the licence agreement that you will be asked to accept during installation of My HorseRaces.
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT ('LICENCE') CAREFULLY, THEN CLICK 'I AGREE' IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE CLICK 'I DO NOT AGREE' AND REMOVE THE SOFTWARE FROM YOUR COMPUTER.
1(a). My HorseRaces 2.0 software and associated electronic information, including user's guide and data bases, ('My HorseRaces') which is the subject of this non-exclusive, non-transferable Licence is licensed to you by the developer of My HorseRaces, Wayne Mayo ('Developer'), in recognition of your prior payment for the Licence.
1(b). The Licence commences on your acceptance of it, signified by your clicking 'I agree'.
2. Permitted Uses and Restrictions
2(a). You may use My HorseRaces under the terms and conditions set out in this Licence.
2(b). This Licence allows you to install and use My HorseRaces on one desk-top computer and one lap-top computer for the purposes of your own personal storage, analysis and research in relation to horse racing information.
2(c). You may make a copy of My HorseRaces in machine-readable form for back-up purposes only. The back-up copy must include all copyright information contained in the original.
2(d). Subject to the exceptions in clauses 2(b) and 2(c), you are not permitted to make any duplicate (copy) of My HorseRaces (or any part of My HorseRaces) to be given, sold, lent, leased or transferred in any manner whatsoever to another person.
2(e). You are not permitted to on-supply or sub-license My HorseRaces (or any part of My HorseRaces or any product which you create through your use of My HorseRaces including horse race data bases) to any other person for any purpose.
2(f). You are not permitted to use My HorseRaces (including to create of horse race data bases through your use of My HorseRaces) for any of the purposes of: (i) producing for sale horse race analysis or information, including horse race data generally or horse race data readable by My HorseRaces; or (ii) compiling or producing any type of racebook, newspaper form guide, printed or electronic form guide product or horse race tipster's newsletter.
2(g). You may not decompile, reverse engineer, dissemble, or otherwise attempt to derive the source code for My HorseRaces, or sub-license, distribute or create derivative works based upon My HorseRaces in whole or in part.
3. Electronic Race Data
3(a). My HorseRaces is designed for the storage and analysis of horse race data, including data downloaded from the internet domain of Racing Information Services Australia Pty Ltd ('RISA').
3(b). For the purpose of enabling efficient use of RISA's electronic racing files, incorporated in My HorseRaces and therefore subject to the restrictions in clause 2 are: (i) a schedule of racecourses with corresponding abbreviated names; and (ii) a table of class descriptors linked to race classes.
3(c). Both the abbreviated names and class descriptors in clause 3(b) are used in RISA's electronic racing files and may have been reproduced by RISA under copyright licence from copyright owners, including state and territory racing authorities, and any unauthorised reproduction of, adaptation of or communication concerning them is strictly prohibited.
3(d). The items in clause 3(b) are provided to you for your personal use only and no further right of on-supply of these items is permitted.
3(e). You are not permitted to sell, transfer, sub-licence or undertake other dealing of or in any of the items in clause 3(b).
3(f). You accept that the items in clause 3(b) may not be complete or up-to-date.
4. Intellectual Property
4(a). The Developer owns or has permission to use all copyright in My HorseRaces. Your possession, installation or use of My HorseRaces does not transfer to you any title to the intellectual property in My HorseRaces.
4(b). My HorseRaces is protected by copyright and other intellectual property laws and by international treaties. You may not take any action to jeopardise, limit or interfere in any manner with the intellectual property rights relating to My HorseRaces. You will take all reasonable measures to protect My HorseRaces from unauthorised use, reproduction, distribution or publication.
5. Implied Warranties
5(a). In line with trade practices legislation, the Developer warrants that My Horseraces will enable you to undertake storage and analysis of horse race data consistent with the 'Brief User's Guide' on My HorseRaces' website (with My HorseRaces Basic, limited to Steps 1 to 6 of the guide and no permanent storage of races entered electronically).
5(b). You accept that all responsibility and obligation to install My Horseraces rests solely with you.
5(c). In the event that My HorseRaces will not load onto your computer or will not undertake storage and analysis of horse race data consistent with the 'Brief User's Guide' on My HorseRaces' website (with My HorseRaces Basic, limited to Steps 1 to 6 of the guide and no permanent storage of races entered electronically), you will be entitled to a refund of your payment for this Licence if: (i) as soon as possible after you have encountered the problem, you advise the Developer, in the first instance via 'Contact the developer' on My HorseRaces' website, of the specific error messages associated with the problem; (ii) the Developer is unable to solve the problem (including through replacement of My HorseRaces) in reasonable time; and (iii) you expressly advise the Developer that you have destroyed any copies of My HorseRaces and have removed My HorseRaces from your computer (and return to the Developer any computer disc containing My HorseRaces provided to you by the Developer).
6. Disclaimer of Warranty on My HorseRaces
6(a). You accept that My HorseRaces has been provided solely to assist you to undertake your own personal storage, analysis and research of horse races and the Developer cannot accept any responsibility or for the use or operation of My HorseRaces or for the betting on horses based on use of My HorseRaces.
6(b). You acknowledge that the Developer is not required to provide any training or other support in relation to My HorseRaces.
7. Limitation of Liability
7(a). The Developer of My HorseRaces gives no warranty that My HorseRaces is free of fault or virus or spyware, despite the Developer's taking reasonable steps to avoid these.
7(b). The Developer gives no warranty in relation to the continuity of supply by RISA of its electronic race files or the continued compatibility of those files with My HorseRaces.
7(c). The Developer will not be liable, except pursuant to any implied warranty, for any loss or damage howsoever caused whether due to negligence or otherwise arising from use of or reliance on My HorseRaces.
7(d). In no event shall the Developer's total liability to you for all damages exceed the value of this Licence.
7(e). The Developer does not warrant that My HorseRaces will provide any function not reflected in the Brief User's Guide on My HorseRaces' website (with My HorseRaces Basic, limited to Steps 1 to 6 of the guide and no permanent storage of races entered electronically).
7(f). The Developer makes no express warranties other than those set out in this Licence.
The Developer is committed to respecting your privacy and the confidentiality of any personal data that you provide in acquiring My Horseraces, consistent with relevant privacy legislation.
9. Term and Termination
9(a). Your rights to use My HorseRaces will terminate automatically without notice from the Developer if you fail to comply with any term of this Licence.
9(b). Upon termination under 9(a), ownership of each and all copies of My HorseRaces that you own reverts to the Developer, who may repossess those copies and retain your payment for this Licence to use My HorseRaces.
10. Applicable Law
This Licence is covered by the laws of the Australian Capital Territory, Australia.
11. Dispute Resolution
If any dispute arises over this Licence you or the Developer may not commence any court proceedings until notice has been given to the other party of the nature of the dispute and both you and the Developer have endeavoured in good faith to resolve the dispute using informal dispute resolution techniques (such as mediation, expert evaluation or similar agreed techniques).
© Copyright Wayne Mayo 2012