Dolphin Prime Commercial License - Boonex

1. Introduction
Dolphin Prime Commercial License
Please read this Commercial License carefully. The following are the Terms of Use and
Conditions under which BoonEx Pty Ltd. (hereinafter "Licensor") licenses its Prime
package (hereinafter "Licensed software") to its customers (hereinafter "Licensee").
By ordering, downloading or installing and using the Licensed Software, Licensee is
agreeing to be bound by this Commercial License and the licenses granted hereunder
are subject to compliance with any and all terms of this Commercial License. IF YOU
DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT ORDER,
DOWNLOAD, INSTALL, USE OR DISTRIBUTE THE LICENSED SOFTWARE.
2. Terms and definitions
"Commercial License" means this document.
The "Software" covered under this License Agreement means the licensed Prime
package with its source code, help files, publications, documentations and/or plugins
that are included in the official Software Distribution available from BoonEx.com
"Licensed Software" means the same as Software.
"License key" means a sequence of letters and numbers provided by Licensor to
activate the Licensed Software.
"Licensor" means BoonEx Pty Ltd.
"Licensee" means an individual or entity exercising rights under and complying with
the terms of this License who has not previously violated the terms of this License
with respect to the Software, or who has received express permission from the
Licensor to exercise rights under this License despite a previous violation.
"Footer" means logos, links, and any other visible trademarks placed in the "Licensed
Software"
"Header" means the Licensor copyrights placed in the Licensed Software source code,
not publicly visible.
"Mobile Applications" means the Software iPhone Application, Adobe application and
Android application.
3. License Grant
Subject to the terms and conditions of this License Agreement, BoonEx Pty Ltd hereby
grants Licensee a non-exclusive, non-transferable, non-assignable license, without the
right to sublicense to:
a. Remove logos, links, and other trademarks (footers) from the Licensed
Software.

. Access, display, integrate and use the Software on one (1) Internet domain
that has been registered with Licensor. (Licensor provides Licensee with the
License Key that is tied to the domain name.)
c. Customize the Software according to the Licensee's needs, but Licensee has no
rights to remove the License Key logic from the Software so that customization
only functions if a valid license key has been configured for it.
All rights not expressly granted by this Agreement are expressly reserved by Licensor.
4. Rebranding
Licensor grants Licensee with the access to a source code for Mobile applications, with
the full rights to modify, customize and re-brand them.
5. Applicability of License
This License applies to the Software version purchased by the Licensee.
6. Protection of Licensed Software
The extent of authorization depends on the ownership or a Proof of Authorization for
the Software. Usage of the Software for any other purpose not explicitly covered by
this License Agreement or granted by the Proof of Authorization is not permitted and
requires the written prior permission from BoonEx Pty Ltd.
Except as otherwise expressly permitted in this Agreement, or in another agreement
with BoonEx Pty Ltd to which Licensee is a party, Licensee may not redistribute,
encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Licensed
Software. Licensee shall not remove or alter the Licensor headers from the Licensed
Software. Any attempt to take any such actions is void, and will automatically
terminate your rights under this License.
7. License Effective Date
The rights and licenses granted hereunder shall commence on the date any License
Key is electronically delivered to Licensee. Licensor agrees to make the License Key
available for electronic delivery to Licensee promptly after receipt by Licensor of the
License Fee for an unlimited period of time. For purposes of this Agreement, the
"License Fee" means the amount of money required to be paid by Licensee to Licensor
for legal usage of the Software under the terms of this agreement.

8. Termination of the license
Without prejudice to any other rights, Licensor may terminate this Agreement if
Licensee breaches any of its terms and conditions. Upon termination, Licensee shall
destroy all copies of the Licensed Software held or controlled by Licensee
9. Ownership of Intellectual Property
By accepting this license grant, the Licensee doesn't become the holder of any other
intellectual property rights in the Licensed Software. Title to and ownership of the
intellectual property rights in the Licensed Software, all copies thereof, and all
documentation related thereto, shall remain at all times with the Licensor. The
Licensee agrees to take all steps which are reasonably necessary to protect the
Licensor's ownership rights to the Licensed Programs in the conduct of the Licensee's
licensed commercial activity with the Licensed Program, and will not take any action
to jeopardize, limit or interfere in any manner with such rights.
NO WARRANTY
10. Disclaimer of warranty and limitation of liability
The Licensor doesn't represent or warrant that the functions contained in the Licensed
Software will meet the Licensee's requirements or will operate in the combination
selected by the Licensee or that the operation of the Licensed Software will be error
free.
In no event shall the Licensor be liable for any incidental, indirect, special or
consequential damages whatsoever (including, but not limited to, lost profits or
interruption of business) with respect to, arising out of, in connection with, or related
to this Agreement. The Licensor's liability arising out of contract, negligence, strict
liability in tort or any other claim of law shall not exceed any fees paid by the Licensee
for the Licensed Software.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or
the limitations on the applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to you.
Licensee is solely responsible for determining the appropriateness of using the
Licensed Software and assumes all risks associated with its exercise of rights under
this agreemtnt, including but not limited to the risks and costs of software errors,
compliance with applicable laws, damage to or loss of data, programs, suitability for
hosting and unavailability or interruption of operations.
11. Export
Licensee agrees that it shall not directly or indirectly export the Licensed Software in
contravention of any export law

12. Governing Law
This Agreement shall be governed and constructed in accordance with the laws of the
Commonwealth of Australia and the laws of Australia applicable therein. If any
provision of this Agreement or the application thereof shall be invalid or
unenforceable, the remainder of this Agreement shall be unaffected thereby, and each
remaining term or provision of this Agreement shall be valid and be enforced to the
fullest extent of the law.
13. General
This Agreement constitutes the entire agreement between the parties and supersedes
all prior oral or written agreements, proposals or communications between the parties
relating to the Licensed Software. Failure of the Licensor to exercise its rights under
this Agreement, or to require strict performance of any part of this Agreement, shall
not constitute a waiver of those rights or provisions, and they remain in full force and
effect. If any term or provision of this Agreement or the application thereof shall be
invalid or unenforceable, such term or provision shall be severed from this Agreement
and the remainder of this Agreement shall be unaffected thereby and each remaining
term or provision of this Agreement shall be valid and be enforced to the fullest extent
permitted by law.