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- TERMS OF ACCESS TO SOFTWARE
-
- 1. LICENCE CONDITIONS
-
- This Software is owned by Us. We grant to You a nonexclusive, non-transferable, perpetual
- licence to use this Software on one Workstation only.
- The Software and associated files must be distributed in their entirety and must not be altered or
- re-engineered in any way.
- Where multiple Software Licences are ordered in a single transaction they may not be broken up
- into separate licences for resale.
-
-
-
- 2. INTELLECTUAL PROPERTY
- You acknowledge that despite Your use of the Software, We own all intellectual property rights
- in and in relation to the Software including any modifications made to the Software.
- You acknowledge that the Software is Our copyright property and to the extent that the law
- permits, You will not adapt, copy, alter, modify, reproduce, distribute, transmit, download,
- reverse engineer or create derivative works from the Software, nor will You allow a third party to
- do so.
-
- 3. WARRANTY
- To the extent permitted by law:
- (a) We do not warrant that the functions contained in the Software will meet Your
- requirements, or that the operation of the Software will be uninterrupted or error-
- free, or that defects in the Software will be corrected;
- (b) We do not warrant or make any representations regarding the use or the results of
- the use of the Software or any documentation provided to You in terms of their
- correctness, accuracy, reliability, or otherwise;
- (c) this Software is provided to You ''as is.'' To the extent permitted by law, We make
- no warranties, either express or implied, with respect to this Software and/or
- associated materials provided to You, including but not limited to any warranty of
- merchantability, fitness for a particular purpose or against infringement; and
- (d) no oral or written information or advice given by Us or Our authorised
- representatives shall create a warranty or in any way increase the scope of this
- warranty.
-
- 4. LIMITATION OF LIABILITY
- To the extent permitted by law, We and Our authorised representatives and distributors are not
- liable to You for any claims or damages whatsoever in relation to Your use of the Software,
- including property damage, personal injury, intellectual property infringement, loss of profits, or
- interruption of business, or for any special, consequential or incidental damages, however caused,
- whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or
- otherwise.
-
- 5. CHARGES
- You must pay the Charges in consideration for Your access to and use of the Software. Details in
- relation to Our Charges and payment terms are available at
- http://www.broadgun.com/pdfmachine/purchase.php
-
- The Charges are inclusive of GST (if applicable).
- In addition to any amount paid or provided by You under or in connection with these Terms of
- Access to Software, You must pay to Us, at the same time and in the same manner as the relevant
- Charges or any part of them, the amount of any GST for which We are liable in relation to the
- supply.
-
- 6. CONFIDENTIALITY
- Each Party will not disclose the Confidential Information of the other Party without the prior
- written consent of the other Party. Each Party will take all reasonable steps to ensure that its
- employees and agents, and any sub-contractors it engages do not make public or disclose the
- other Party's Confidential Information.
- A Party will not be in breach of this clause 6 in circumstances where it is legally compelled to
- disclose the Confidential Information.
- This clause shall survive termination of these Terms of Access to Software.
-
- 7. Termination
- (a) We may terminate these Terms of Access to Software immediately:
- (i) upon 28 days written notice to You;
- (ii) if You are in breach of any term of these Terms of Access to Software and
- such breach (if capable of remedy) is not remedied within 28 days of
- written notice from Us; and
- (iii) if You become, threaten or resolve to become or are in jeopardy of
- becoming subject to any form of insolvency administration.
- (b) Upon termination of these Terms of Access to Software:
- (i) Your licence to use and access the Software will terminate immediately and
- You acknowledge and agree that:
- (A) all rights in relation to the Software granted to You pursuant to
- these Terms of Access to Software immediately cease;
- (B) You must immediately cease using the Software; and
- (C) all copies of the Software in Your possession (if any) must be
- returned to Us within 3 days of the date of termination of these
- Terms of Access to Software.
-
- 8. GENERAL
- (a) These Terms of Access to Software constitute the entire agreement between the
- Parties in relation to the Software and supersede all prior representations,
- agreements, statements and understandings, whether verbal or in writing.
- (b) No right under these Terms of Access to Software will be deemed to be waived
- except in writing signed by the Party granting the waiver.
- (c) These Terms of Access to Software will not be varied except by agreement in
- writing signed by both Parties.
- (d) These Terms of Access to Software will be governed by and construed according to
- the law of the State of Victoria, Australia. You and We agree to take legal
- proceedings over these Terms of Access to Software only in its courts.
- (e) Where You comprise of two or more persons, an agreement or obligation to be
- performed or observed by You binds those persons jointly and each of them
- severally, and a reference to You will be deemed to include a reference to any one
- or more of those persons.
- (f) With the exception of clause 5, these Terms of Access to Software apply to any use
- by You of the Software including use of the trial version of the Software.
-
- 9. Definitions
- "Charges" means the charges payable for Your use of the Software, inclusive of GST.
-
- "Confidential Information" means any confidential information belonging to a Party which
- relates to the terms and subject matter of these Terms of Access to Software and includes, without
- limitation, information relating to Your data, Our data, the Software and a Party's personnel,
- policies, clientele or business strategies.
-
- "GST" means the tax imposed or to be imposed by A New Tax System (Goods and Services Tax) Act
- 1999 (Cth).
-
- "Party" means either You or Us as the context dictates.
-
- "Software" means the pdfMachine Software computer program to be used by You under these
- Terms of Access to Software.
-
- "Terms of Access to Software" means these terms and conditions for access to and use of the
- Software.
-
- "We" or "Our" or "Us" means BroadGun Software Pty Ltd.
-
- "Workstation" means one terminal or computer machine.
-
- "You or "Your" means You the party seeking to access and use the Software pursuant to these
- Terms of Access to Software.
-
-
-