THIS USER AGREEMENT DEFINES THE TERMS AND CONDITIONS RELATING TO THE LICENSING FOR USE OF EVOLUTION BUSINESS SYSTEMS SOFTWARE PRODUCTS. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS USER, DISCONTINUE ALL USE OF THE SOFTWARE.
Note: The Distributor is not an agent of and not authorised to bind the Licensor. Evolution Business Systems Pty. Ltd. ABN 44 097 484 743 hereby grants to the Licensee and the Licensee accepts a personal, non-transferable and non-exclusive license to use the Software on the following terms and conditions:
“the Distributor” means the retailer from whom the Licensee obtains the Software;
“the Licensee” means the person to whom the use of the software is licensed hereunder;
“the Licensor” means EVOLUTION BUSINESS SYSTEMS Pty Ltd. ABN 44 097 484 743;
“the Software” means any computer software applications developed by EVOLUTION BUSINESS SYSTEMS Pty. Ltd. including without limitation (unless the context otherwise requires) any upgrade from time to time supplied to the Licensee.
LIMITED USE LICENSE
- THIS license does not authorise the Licensee to use the Software in a bureau type of environment (such as a multiple site access to the software held at one site).
- THE Licensee acknowledges and agrees that the Software is licensed to be used by the Licensee only on the Hardware for the Licensee’s own business purposes, and the Licensee is hereby authorised to use the Software in a single site operation only and not a bureau type operation.
- THE Licensee acknowledges that the Licensor is the copyright owner or otherwise holds the exclusive right to grant licenses in respect of the Software, and that title to the Software remains at all times with the Licensor or its licensor.
- THE Licensee acknowledges that it has no right to reproduce format or copy in whole or in part any of the Software or manuals or other documentation supplied in connection therewith whether or not the copyright of the software or documentation belongs to the Licensor.
- THIS license may only be used while there is a valid subscription or within a trial period.
- THE Licensee undertakes to take all reasonable steps to protect the confidentiality of the Software and for that purpose to prevent its disclosure or use by persons unauthorised by the Licensor.
- THE Licensor warrants that the Software is free of defects in materials and workmanship for a period of ninety (90) days from the date of installation. The Licensor shall not be liable where failure to perform is caused by the Distributor, the Licensee or by any third party or by any act or circumstances whatsoever beyond the reasonable control of the Licensor. THE Licensor warrants that the Software will execute its programming instructions when properly installed, but does not warrant that the operation of the Software will be uninterrupted or error-free. THE Licensor does not warrant that the Software is suitable for the needs of the Licensee, and the Licensee acknowledges that it relies solely on its own skill and judgment in deciding that the Software is reasonably fit for the purpose for which it is being acquired and in deciding to acquire the Software.
- THE liability of the Licensor hereunder shall be limited to (at the Licensor’s option) the replacement of the Software, the supply of equivalent software or the repair of the Software.
- SUBJECT to the terms above, the Licensor hereby expressly excludes liability for loss, damage or expenses whatsoever whether direct or indirect or consequential (including but not limited to loss of profits), arising out of the supply of the Software and upgrades and enhancements thereof to the Licensee.
None of Licensor’s advertising or promotional material or literature forms part of the program specifications for the software. Such material and literature may from time to time contain printing and other errors and is not to be relied upon.
- THE Licensee shall not assign transfer or sublicense any right enjoyed by it pursuant to this Agreement to any person whatsoever without the prior written consent of the Licensor being obtained.
- The Licensor may assign its rights and obligations under this Agreement to a third party at any time without the consent of the Licensee.
- IF any provision hereof is held to be invalid or un-enforceable for any reason whatsoever that provision shall be severable from and shall not affect the continued operation of the rest of this Agreement.
- IF the Licensee fails to fulfil any of its obligations hereunder the Licensor may, at its option and in addition to any other remedies it may have at any time, terminate the rights granted to the Licensee by this Agreement.
CHANGE OF TERMS
- The Licensor reserves the right to change any of the terms of this Agreement where such change is necessitated by changes imposed by the Licensor’s systems suppliers.