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LICENCE AGREEMENT
(Terms & Conditions)
Your use of the Software is subject to the following terms and conditions. This is the “Licence”. Your application and use of the Software means that You have read and accepted all of the terms and conditions of the Licence.One On One Computing reserves the right to update the Licence at any time within the limits of legislation. The most current version of the Licence can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the top of our Web pages.
Once You have completed the application and used the Software, You, all of Your employees and anyone else using the Software will be bound by the terms and conditions.
The meanings of many of the words used in this Software Licence are defined below. You should read them to make sure that you understand the Licence.
Documentation means the documentation that is provided with the Software or any other documentation that is related to the use of the Software.
Licence means these terms and conditions.
Licence Fee means the fee that You paid to obtain the Licence.
Software means the Eighty20 web site Software and includes the associated Documentation.
We, Us, Our mean One On One Computing Pty Ltd ABN 58 010 145 605.
You, Your mean the person, or corporation or partnership who has purchased the Software and paid the Licence Fee.
2.1 Once You have paid the Licence Fee, You can use the Software as allowed under this Licence for the term of the Subscription period agreed .
2.2 We can grant as many licences of the Software to as many users as We choose.
If You have paid Your Licence Fee by cheque, it will not be taken to be paid until that cheque has cleared.
By entering into this Licence, You must :
(a) not copy, reproduce, translate, adapt, vary or modify the Software without Our written permission;
(b) supervise and control the use of this Software to ensure that it is used as permitted under this Licence;
(c) not give this Software or make it available in any form to anyone other than those people covered by (b) without Our written permission; not use the Software for or in connection with a service bureau operation
(d) not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices;
(e) not use the Services in any manner that could damage, disable, overburden, or impair any Eighty20 server, or the network(s) connected to any Eighty20 server;
(f) not interfere with any other party's use and enjoyment of the software;
(g) not attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Eighty20 server, through hacking, password mining or any other means;
(h) not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software; and
(i) complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
5.1 You agree that:
(a) the Software is not guaranteed to be free from errors or free of infection by computer viruses or other contamination; and
(b) if there is an error in the Software or if the website is unavailable, it will not mean that this Licence has been breached.
5.2 We warrant that the software media has no manufacturing defects and the Software will, in all material ways, perform as stated in the Documentation.
5.3 If the software media is defective, We will replace it at no charge.
5.4 If any statute implies terms into this Licence that cannot be legally excluded by Us, those terms will apply to this Licence. However, Our liability for the breach of any such term is limited to any one or more of the following (at Our option) :
(a) the replacement of the goods to which the breach relates or the supply of equivalent goods;
(b) the repair of those goods;
(c) the payment of the cost of replacing the goods or obtaining equivalent goods; and
(d) the payment of the cost of having those goods repaired.
5.5 You agree that You have used Your independent discretion in choosing the Software. You have not relied on anything that We have said unless it is in this Licence or on any descriptions or illustrations or specifications in any document (including catalogues or publicity material) that We have produced.
5.6 We have used various sources to obtain the information in the Software. We do not make any promises to You about either :
(a) the results You or any other person may achieve by using the Software; or
(b) the accuracy or the completeness of the information in the Software.
5.7 If You or any other person suffers any damage, injury or loss because they have used the Software, or because this Licence has been breached or the Software is defective, We will not be liable. In particular, We will not be liable for any lost profits, consequential or indirect damages that occur through Your use of the Software. In any case, the damages We have to pay You are limited to those described in Clause 5.4 above.
6.1 The Software and the Documentation is the subject of copyright.
6.2 You are not allowed to do anything or allow anything to be done that infringes the copyright in the Software. In particular, You are not allowed to copy the Software unless You are allowed to under this Licence.
6.3 Your obligations in paragraph 6.2 apply even if this Licence had ended.
6.4 If You breach any of the copyright requirements in this Licence and another person makes a claim against Us as a result of Your breach, You must fully reimburse Us for any costs or liabilities that We incur because of that breach. This will include the cost of legal fees.
8.1 This Licence starts once You have paid the Licence Fee and lasts for the period of Subscription agreed to.
8.2 This Licence ends if any of the following occurs :
(a) You breach any of the terms of the Licence;
(b) if You are a company, you become the subject of insolvency proceedings or are wound up;
(c) if You are a firm or partnership, and that firm or partnership is dissolved; or
(d) if You destroy the Software or the Documentation without our permission.
(e) if You are an individual, you become bankrupt or assign your estate for the benefit of your creditors.
8.3 Once this Licence ends, You will not be able to gain entry to the section of the Eighty20 web site that contains Your subscription.
8.4 If the Licence ends because of paragraph 8.2, Our rights and remedies under this Licence or under the law are not affected.
You are not allowed to assign, sub-licence or otherwise deal with the benefit of this Licence unless We have given Our approval in advance.
If either You or We do not enforce any of Our rights under this Licence, that will not be taken to be a waiver of those rights.
There are no refunds or returns unless the product is faulty. The refund is limited to resupply the software media.
Currency is in Australian Dollars.
Delivery is via access to the website, download of data and in some instances via posted cdrom. If the item is not duly delivered, One On One Computing will replace it.