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   KDX TrackerServ
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This program is NOT used to access trackers -- use KDX Client for that.  This program is for if you want to run an actual tracker yourself.

Wondering what's new in this version?

   http://www.haxial.com/products/kdx/kdxtracker-vh.html


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Haxial Software Pty Ltd
Software License Agreement
(Version: 28 April 2003)

This software license agreement ("this license") applies to the software you are using or installing ("the software"). Please read this license carefully. By clicking the "Agree" button or continuing to use the software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, click the "Disagree" button and cease using the software. If you do not agree to this license, you are not permitted to install or use any software from Haxial Software Pty Ltd.

1. You acknowledge that the copyright in the software and its associated documentation is the property of Haxial Software Pty Ltd ("Haxial") or Haxial's third party suppliers. You also acknowledge that "Haxial" is a trademark of Haxial Software Pty Ltd. The software is licensed, not sold. Haxial licenses you to use the software on a non-exclusive basis, on the terms of this license.  Unless otherwise agreed with Haxial, you may install and use one copy of the software under this licence.

2. If Haxial requires payment for installation or use of the software, you must make that payment within 30 days of installation or first use of the software.  This license terminates, and you may not continue to use the software, if you have not made that payment within that 30 day period.

3. You may NOT modify, decompile, disassemble, reverse engineer, or create derivative works of the software or its transmission protocols (except where permitted by law).

4. The software may contain faults, inaccuracies, errors, defects and/or bugs that could cause failure, incorrect operation, loss of data/information, or damage to computers. You agree that the use of the software is at your own risk. You must regularly backup all important data.

5. The software is not intended for use in the operation of life support machines, power plants, manufacturing plants, aircraft or air traffic systems, or other equipment in which the failure of the software could lead to death, personal injury, or physical or environmental damage.

6. Subject to clause 9, Haxial provides NO warranty or guarantee in relation to the software. NO oral or written information or advice given by Haxial or a representative of Haxial will create such a warranty. Haxial does NOT guarantee or warrant that:
(a) The software will be error-free or fault-free or reliable, or otherwise of merchantable quality.
(b) The software is suitable for a particular purpose.
(c) The software will not damage or interfere with other software or equipment.
(d) The software will meet your requirements.
(e) Defects in the software will be corrected.
(f) The software is secure.

7. Subject to clause 9, Haxial is NOT responsible or liable for any loss, cost, injury or damages (including for loss of profits, loss of data/information, business interruption or any other direct, indirect or consequential damages or losses) caused by or related to the software, or your use of, or inability to use, the software. Haxial's liability to you (if any) in relation to the software is limited to the amount you actually paid for the software.

8. Subject to clause 9, Haxial does NOT make any warranty or representation about the security of the software. If the software includes encryption, Haxial does NOT guarantee that the encryption will be secure or safe or unbreakable. It is possible that the encryption algorithms will be broken by a smart person or a very fast computer, or that a flaw will be discovered, or that the security will be compromised in some other way.

9. Subject to this clause, Haxial excludes any terms which would otherwise be implied into this agreement.  If a term is implied by law, and cannot be excluded, then Haxial limits its liability under such term to the maximum extent allowed by law.

10. If the software includes the ability to copy, duplicate or reproduce electronic data or information, then you agree that you will carefully monitor any data or information that you copy / duplicate / reproduce and ensure that in doing so, you do not infringe any copyright.  You will hold Haxial harmless from any liability to others resulting from your use of the software.

11. You may terminate this license at any time. Your rights under this license will also terminate automatically without notice from Haxial if you fail to comply with any term(s) of this license. Upon termination of this license, you must cease all use of the software and destroy all copies of the software.

12. If any part of this license is declared unenforceable by a court of law, the remainder will continue in full force and effect.

13. This license is the entire agreement between the parties and supersedes any previous understandings. No modification of this license will be binding unless in writing and signed by Haxial.

14. This license will be governed by the laws of Australia.
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