YOU MUST ACCEPT THESE CONDITIONS TO INSTALL, USE, DISTRIBUTE OR RESELL THE
SOFTWARE. IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU MUST NOT USE, INSTALL,
RE-SELL, OR DISTRIBUTE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS BELOW, PLEASE RETURN THE SOFTWARE TO THE PLACE OF PURCHASE WITHIN 30
DAYS FOR A REFUND.
Customers, depending on the region they are in may have the benefit of certain rights or remedies pursuant to the trade practices act and similar state and territory laws in Australian or the consumer guarantees act in New Zealand. Any statutory rights that cannot be excluded may apply.
The Australian Consumer Law and Your Rights
The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.
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 failure does not amount to a major failure.
Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
SOFTWARE LICENSE AGREEMENT
1. The Vendor makes no representations or warranties about the suitability
of the software or services, either express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. The Vendor shall not be liable for any damages
suffered by licensee, or client as a result of using, or modifying this
software, products, services or its derivatives. You may have other rights that
vary from state/jurisdiction to state/jurisdiction. Where legislation provides
for warranty, The Vendor provides limited warranty as provided below.
2. These software and services are not designed or intended for use or
resale as online control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the software could lead
directly to death, personal injury, or severe physical or environmental or
financial damage ("high risk activities").
3. The Vendor specifically disclaims any express or implied warranty of
fitness of this software. You are required to evaluate the freely available
versions to determine it's suitability to your needs before buying it. You may
have other rights that vary from state/jurisdiction to state/jurisdiction.
Where legislation provides for warranty, The Vendor provides limited warranty
as provided below.
4. The Vendor reserves the right to change any details on this document,
manuals, or on the software without notice, and discontinue or withdraw from
sale any service or product, without prior notice.
5. All rights, including but not limited to, title and ownership on all
software produced by The Vendor, and distributed under this Agreement remains
with The Vendor. Some software modules are owned by the respective software's
owner, and remains with them. The only right transferred in this sale is a
nonexclusive right to use the software. Usage of the software is governed by
the 'like a book' agreement. This means only one copy of the software may be
used at any one time, exactly like a book. Further, each store or catalogue
deployed using the software requires one license. Each machine the software
runs on is required to have a corresponding license.
6. You are entitled to use this product for your own use, but may not (except
for backup) make reproductions of the software or manual. You may not sell or
transfer reproductions of the software or manual to other parties in any way,
nor rent nor lease the product to others without prior written permission from
The Vendor. You may use one copy of the product on a single computer. You may
not reverse engineer, disassemble or translate the product.
7. Submissions. Should Licensee decide to transmit to Vendor via email,
phone, by website or by any other means or media, information (including,
without limitation, ideas, concepts or techniques for new or improved services
and products), whether as information, feedback, data, questions, comments,
suggestions or the like, Licensee agrees such submissions are unrestricted and
shall be deemed non-confidential and Licensee automatically grants the Vendor
and its assigns a non-exclusive, royalty-free, worldwide, perpetual,
irrevocable license, with the right to sublicense, to use, copy, transmit,
distribute, create derivative works of, display and perform the same without
any form of acknowledgement or compensation. The Licensee also waives their
moral rights to such submissions.
8. LIMITED EXPRESS WARRANTY. The Vendor warrants that the software will
perform substantially in accordance with the accompanying samples demos (as
shown in the evaluation version) for a period of 30 days from the date of
receipt; and;
9. CUSTOMER REMEDIES. To the maximum extent permitted under applicable law,
The Vendor's entire liability and your exclusive remedy under this warranty is,
at The Vendor's option, either (a) return of the price paid; or (b) repair or
replacement of the software which does not meet this warranty and which is
returned to The Vendor with a copy of your receipt. This warranty is void if
failure of the software as resulted from accident, abuse or misapplication. Any
replacement software will be warranted for the remainder of the original
warranty period for 30 days, or whichever is longer.
10. LIMITATION OF LIABILITY. To the maximum extent permitted under
applicable law, any conditions or implied by law are hereby excluded. Consumers
may nevertheless have the benefit of certain rights or remedies pursuant to the
trade practices act and similar state and territory laws in Australian or the
consumers guarantees act in New Zealand, in respect of which liability may not
be excluded. Insofar as such liability may not be excluded, then to the maximum
extent permitted by law, such liability is limited, at The Vendor's exclusive
option, to either (a) return of the price paid; (b) replacement of the
software; or (c) correction of defects in the software.
11. EXCLUSION OF LIABILITY/DAMAGES. The following is without prejudice to
any rights you may have at law which cannot legally be excluded or restricted.
You acknowledge that no promise, representation, warranty or undertaking has
been made or given by The Vendor to any person or company on its behalf in
relation to the profitability of or any other consequences or benefits to be
obtained from the delivery or use of the software and any accompanying The
Vendor supplied written materials. You have relied upon your own skill and
judgment in deciding to acquire the software. Except as and to the extent
provided in this agreement neither The Vendor nor any related company will in
any circumstances be liable for any other damages whatsoever (including,
without limitation, damages for loss of business, business interruption, loss
of business information or other indirect or consequential loss arising out of
the use of the software and any accompanying written materials). The Vendor's
total liability under any provision of this agreement is in any case limited to
the amount actually paid by you for the software.
12. Staff. The Licensee covenants with the Vendor that in the event that the
Licensee at any time during or after the terms hereof takes into employment,
whether as an employee or as an independent contractor, any of the staff
members currently or previously employed by the Vendor, the Licensee shall pay
to the Vendor by way of introduction service fee an amount calculated to be 30%
of the new annual wage of the employee or AUD $60,000 (Australian Dollars),
whichever is the greater and such amount shall be due and payable as at the
date of employment. This clause shall not apply where the Vendor has not
employed the staff member for at least 6 months prior to being employed by the
Licensee.
12. Force Majeure. Vendor is not liable for any delay or failure in
performance resulting directly or indirectly from causes beyond its reasonable
control, including, without limitation, failure of the Internet, computer
viruses, denial of service or other malicious attacks, power failure, failure
of computer, telecommunication or other equipment, strikes, labor disputes,
riots, insurrections, civil disturbances, shortage of labor or materials,
fires, floods, storms, explosions, act of God, war, governmental actions,
orders of domestic or foreign courts, non-performance of third parties.
SERVICE, OR CONSULTING AGREEMENT
1. The software is provided 'as is' without express or implied warranties,
including warranties of merchantability and fitness for a particular purpose or
non-infringement. You assume all risk as to the quality and performance of the
software. Should the software prove defective, you and not supplier shall
assume the entire cost of all necessary servicing or repair. The Vendor does
not warrant that the operation of the software will be uninterrupted or error
free or that the software will meet your specific requirements.
2. The Vendor makes no representations or warranties about the suitability
of the software or services, either express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement, to the maximum extent permitted by law. You may
have different rights that vary from state/jurisdiction to state/jurisdiction.
The Vendor shall not be liable for any damages suffered by licensee, or client
as a result of using, or modifying this software, products, services or its
derivatives.
3. These software and services are not designed or intended for use or
resale as on-line control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the software or could
lead directly to death, personal injury, or severe physical or environmental
damage, or serious economic losses ("high risk activities").
4. The Vendor specifically disclaims any express or implied warranty of
fitness of this software. It is your responsibility to evaluate the software
before buying it.
5. The Vendor reserves the right to change any details on this document or
on the software without notice, and discontinue or withdraw from sale any
service or product, without prior notice. In no event will supplier be liable
for loss of data, lost profits, cost of cover, or other special, incidental,
punitive, consequential, or indirect damages arising from the use of the
software or accompanying documentation, however caused and on any theory of
liability. This limitation will apply even if The Vendor or an authorized
distributor/agent has been advised of the possibility of such damage. In no
event will The Vendor's liability exceed the amounts paid for the original pure
software or service. The client or licensee acknowledges that the amounts paid
by you for the software reflect this allocation of risk.
6. In the event a service is provided, such as custom software development,
The Vendor does not guarantee any delivery times or schedules. The customer
must acknowledge that software development could get delayed due to unforeseen
reasons. If the customer requires risk management, the customer or client is
required to independently insure the project against failures and delays.
7. The customer must also acknowledge that during software development some
features originally proposed might not be deliverable, due to unforeseen
reasons. In this event the customer must agree to still pay for the other work
done, on a proportional work load and time spent basis.
8. The copyright, ownership and all rights on all software or services produced
by The Vendor remains The Vendors. Some software are owned by the respective
software module owner. No copyright or other rights are transferred on any
sales. The only right transferred is the right to use the software. The
copyright and title on all software produced by The Vendor remains with the
Vendor. The Vendor reserves the right to change any details on this document or
on the software without notice, and discontinue or withdraw from sale any
service or product, without prior notice. No software module binary or source
code should be made available to the public, other parties or resold, without
written permission from The Vendor.
9. Usage of the software is governed by the 'like a book' agreement. This
means only one copy of the software may be used at any one time, exactly like a
book, unless you have obtained express permission in writing to such effect.
You require a corresponding license for each machine you run the software on
and a corresponding license for each store.
10. This limited warranty gives you specific legal rights. You and/or The
Vendor may have other rights that vary from state/jurisdiction to
state/jurisdiction.
RESELLER AGREEMENT
1. The Vendor grants the reseller or distributor a non-exclusive revocable
right to sell the program on a fixed commission basis.
2. The Vendor grants the reseller or distributor a non-exclusive, revocable
right to use the program name and such other images for which we grant express
permission, solely for the purpose of identifying the reseller or distributors
site as a reseller or distributor of that software. The Vendor reserves all of
its' rights in the program, the message, any other images, its' trade names and
trademarks and all other intellectual property rights. Either party may terminate
the relationship and thereby revoke the reseller license at any time, by giving
written notice.
3. Further, the reseller or distributor will indemnify and hold The Vendor
harmless from all claims, damages and expenses (including, without limitation,
solicitors' or attorneys' fees) relating to the development, operation,
maintenance and contents of the reseller or distributor's site, content, and
other sales materials.
4. The Vendor may from time to time, modify the program, and/or the
functionality of the system. The reseller or distributor agrees to distribute
only the latest and most up to date version of the program. The reseller or
distributor will be solely responsible for the development, operation and
maintenance of the reseller or distributor's materials. The
reseller/distributor will be responsible for the accuracy and appropriateness
of materials; for ensuring that materials posted or published do not violate or
infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy or other personal or proprietary rights); and
for ensuring that materials posted on the site are not libelous or otherwise
illegal.
5. The Vendor disclaims all liability for these matters. Further, the
reseller or distributor will indemnify and hold The Vendor harmless from all
claims, damages and expenses (including, without limitation, solicitors' or
attorneys' fees) relating to the development, operation, maintenance and
contents of the reseller or distributor's material or web site.
6. Relationship of Parties. The Vendor and the resellers and distributors
are independent contractors or distributors and nothing unless explicitly
specified in writing and signed by the then Managing Director of supplier, will
create any partnership, joint venture, agency, sole distribution, franchise,
sales representative or employment relationship between the parties. The
reseller/distributor will have no authority to make or accept any offers or
representations on supplier's behalf. The reseller will not make any statement,
whether on the reseller's site or otherwise, that reasonably would contradict
anything as stated by supplier. The Vendor may produce special tailored
versions for some resellers. This does not constitute any partnership, joint
venture, agency, sole distribution, franchise, sales representative or
employment relationship between the parties.
7. Limitation of Liability. The Vendor will not be liable for indirect,
special or consequential damages, or any loss of revenue, profits or data,
arising in connection with this agreement or the program, even if The Vendor
has been advised of the possibility of such damages. Further, supplier's
aggregate liability arising with respect to this agreement and the program will
not exceed the total commission fees paid or payable to the reseller or
distributor under this agreement.
8. Disclaimers. The Vendor makes no express or implied warranties or
representations with respect to the program or any copies of the software sold
through the program (including, without limitation, warranties of fitness,
merchantability, non-infringement or any implied warranties arising out of a
course of performance, dealing or trade usage). In addition, The Vendor makes
no representation that the operation of supplier's site will be uninterrupted
or error free, and The Vendor will not be liable for the consequences of any
interruptions or errors.
9. Independent Investigation: The distributor or reseller acknowledges that
they have read this agreement and agree to all its terms and conditions. The
reseller or distributor or customer, also acknowledges that they have
independently evaluated the software and did not relay on any information on
suppliers web pages, brochures, or representations made by the staff of
supplier. The reseller or distributor or customer acknowledges that the above
sources can often be out of date because of supplier's constant policy of
product improvement.
10. Any sales made without accepting these conditions are null and void, and
the dealer or reseller will not be eligible for any commission. Acceptance of
these conditions is mandatory before distributing, selling or acting as a
dealer for this product. These terms and conditions are subject to other legal
rights that you and/or The Vendor may have which vary from state/jurisdiction
to state/jurisdiction.
COPYRIGHT © 2007. ALL RIGHTS RESERVED.