Pascoes Engineering End User License Agreement (“EULA”)
SOFTWARE LICENSE AGREEMENT
IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING "I AGREE" AT THE BOTTOM OF THE PAGE.
This is a legal document between you and the licensor of this Software, Pascoes Software Engineering ABN: 78 937 835 349). BY CLICKING "YOU AGREE" AT THE BOTTOM OF THIS PAGE AND ACKNOWLEDGE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I DISAGREE" AT THE BOTTOM OF THIS PAGE AND QUIT THIS PROGRAM. YOU WILL NOT BE ABLE TO INSTALL, DOWNLOAD OR USE THE SOFTWARE.
YOU MAY NOT ASSIGN, SUBLICENCE, RENT, LEASE, REPRODUCE, DISTRIBUTE, CONVEY OR OTHERWISE TRANSFER TO ANY THIRD PARTY OR DISPOSE OF THE SOFTWARE IN WHOLE OR IN PART, OTHER THAN AS PERMITTED UNDER THIS AGREEMENT.
YOU MAY NOT TRANSLATE, CONVERT TO ANOTHER PROGRAMMING LANGUAGE, DECOMPILE, REVERSE ENGINEER OR DISASSEMBLE SUCH PROGRAM. YOU MAY COPY THE PROGRAM ONLY FOR BACKUP PURPOSES AS EXPRESSLY PROVIDED BELOW
Pascoes Software Engineering ABN: 78 937 835 349 (“Pascoes”) software will be licensed through the distribution channel to the end user. The terms and conditions of the applicable License Agreements below will apply to you. Please be careful to read the agreements applicable for the software that you want to use.
END-USER LICENCE AGREEMENT FOR PASCOE SOFTWARE ENGINEERING
IMPORTANT — READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you and the Application Provider, Pascoes, that covers the Pascoe Software Engineering product, (“Software”) and any supplemental information that Pascoes has made available (including documents together with their accompanying supplemental information). By accessing or otherwise using this software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use this software. This EULA does not grant you any other rights but for the ones contained herein.
1. By downloading the software from our website, you certify that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country that the United Nations embargoes goods.
2. GRANT OF LICENCE.
2.1. The products transacted through this Software License Agreement are licensed to you and not sold. This EULA grants you the right to use the Software only for its intended purpose.
2.2. The license granted to you for this Licensed Application is limited to a non-transferable license to use on any computer, notebook, mobile phone or tablet that you own or control. The license does not allow you to use the Licensed Application on any computer, notebook, mobile phone or tablet that you do not own or control.
2.3. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of or installation of the Software.
2.4. You may not redistribute the Software in any form or broadcast it in any media.
2.5. You may not copy (except as expressly permitted), decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the License Application. Any attempt to do so is violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to the prosecution and charges.
3. RESERVATION OF RIGHTS.
3.1. All title and copyrights in and to the Software, and any copies of the Software, are owned by Pascoes and its affiliates.
3.2. All rights not expressly granted are reserved by Pascoe Software Engineering and/or its affiliates.
3.3. In particular, this EULA does not grant you any rights in connection with any trademarks or service marks of Pascoe Software Engineering and/or its affiliates.
3.4. The use of the Software is subject to the laws of Western Australia and where applicable the laws of the Commonwealth of Australia, and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of Pascoes.
3.5. Use of the Software for any purpose other than expressly permitted in this EULA is prohibited, and may result in severe civil and criminal penalties.
4.1. The license is effective until terminated by you or Pascoes.
4.2. Your rights under this license will terminate automatically without notice if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software.
5. SPECIFIC USE.
5.1. Pascoes and its affiliates make no representations about the suitability of the software for any purpose.
5.2. This software is provided by Pascoes “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed.
5.3. You understand that by using any of the License services, you may encounter content that may be deemed offensive, indecent, or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree that the use of the services at your own risk and the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent or objectionable.
5.4. In no event shall Pascoes be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of this software, even if advised of the possibility of such damage.
6. ACCOUNTS AND PASSWORDS
6.1. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you.
6.2. You agree to immediately notify Pascoes of any unauthorised use or your registration, user account or password.
7. YOUR CONDUCT
7.1. You agree that all information or data of any kind, whether text, software, files, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used.
7.2. Pascoes shall not be responsible to you in any way for the Content that appears in the Software nor for any error or omission, nor liable for any breaches of any copyright in the content stored in the Software by you and your users.
8. THIRD PARTY SERVICES
8.1. Goods and services of third parties may be advertised and/or made available on or through this Software.
8.2. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties.
8.3. Pascoes shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9.1. To the extent permitted by law, any condition or warranty which would otherwise be implied in this agreement is hereby excluded and Pascoes limits its liability to you for any breach of a condition or warranty implied by the Competition and Consumer Act 2010 (Cth).
10.1. If you use the Software in Australia, this EULA is governed by the laws of Australia. If you use the Software outside Australia, then local laws may apply.
10.4. You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of this Software must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
10.5. In the event that there is a conflict between Pascoes and you, the parties agree that so far as is applicable, the laws of Western Australia apply and the parties agree to submit to a court in Western Australia to resolve this dispute.
10.7. Should you have any questions concerning this EULA, or if you desire to contact Pascoes Software Engineering for any reason, please email Pascoes on email@example.com