License and Copyright

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This software and documentation constitute a published work and contain valuable trade secrets and proprietary information belonging to Noise Mapping Australia. None of the foregoing material may be copied, duplicated or disclosed without the express written permission of Noise Mapping Australia.

LICENSEE ACCEPTS PEN3D "AS IS" "WITH ALL FAULTS",

ASK Software Engineers accepts no responsibility for the operation or performance of PEN3D. The entire risk of use and consequences of use ofPEN3D falls completely on the Licensee and Noise Mapping Australia shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on PEN3D.

Licensee acknowledges that it has read the foregoing disclaimers of warranty and limitation of liability and understands that Licensee assumes the entire risk of using PEN3D.

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TERMS AND CONDITIONS

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NOISE MAPPING AUSTRALIA GRANTS TO THE LICENSEE A NON-EXCLUSIVE, NON-SUB LICENSABLE, NONTRANSFERABLE LICENSE TO INSTALL AND USE THIS APPLICATION ON A SINGLE NETWORK FOR A SINGLE ENTERPRISE. LICENSEE MAY MAKE A COPY OF THE APPLICATION FOR BACK-UP AND ARCHIVAL PURPOSES, PROVIDED THAT ANY COPY MUST CONTAIN ALL PROPRIETARY NOTICES INCLUDED WITH THE APPLICATION. LICENSEE IS PROHIBITED FROM SELLING OR DISTRIBUTING THE APPLICATION OR REGISTRATION KEY IN ANY MANNER.

LIMITATION OF LIABILITY.

NOISE MAPPING AUSTRALIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING THIS APPLICATION. IN NO EVENT WILL NOISE MAPPING AUSTRALIA OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOISE MAPPING AUSTRALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.