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Buildlogic End User Licence Agreement
Important – Read Carefully
This End User licence agreement constitutes a legal agreement (‘Licence Agreement’) between the End User and/or their nominated representative (‘you’) and Buildlogic Pty. Ltd. (‘BUILDLOGIC’). Regardless of your location this agreement is with Buildlogic Pty Limited and is governed by the laws of Victoria and the Commonwealth of Australia.
This agreement is for the use of Buildlogic which includes any software, media, and accompanying on-line or printed documentation and direct or indirect write access to the Buildlogic database table structures in any manner other than that provided for via the Buildlogic interface which collectively are BUILDLOGIC Intellectual Property (‘Software’).
By clicking on the ‘I accept the agreement’ option button during the install procedure, installing, copying or otherwise using the Buildlogic Software or signing a copy of this agreement, you agree to accept and be bound by the terms of this Licence Agreement. If you do not agree to the terms of this Licence Agreement, do not install or use the Software and return all unused copies in your possession to BUILDLOGIC.
1. Grant of Licence
Copyright laws and international copyright treaties, as well as other intellectual property rights and treaties protect the Software. Upon your acceptance of this Licence Agreement, BUILDLOGIC grants you a non-exclusive, non-transferable licence to use the Software. Use of the Software is also subject to payment of the Annual Maintenance Fee in accordance with clause 5 below. Right, title, ownership and interest including the intellectual property rights in and to the Software (including any modifications done for you) shall remain with BUILDLOGIC. You may:
(a) install and use the Software on the number and types of computers as per the Licence Type; and
(b) copy the Software for back-up and archival purposes provided any copy must contain all of the original Software’s proprietary notices.
While you remain validly licensed you may receive any updates (which may contain enhancements to the functionality and improve the performance of the Software) issued by BUILDLOGIC from time to time.
2. Licence Restrictions
You may not:
(a) Permit other individuals to use the Software except under the terms of this Licence Agreement;
(b) Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software;
(c) Copy the Software (except for back-up or archival purposes);
(d) Resell, rent, lease, transfer, or otherwise transfer rights to the Software; or
(e) Remove any proprietary notices or labels on or in the Software.
3. Licence Types
The Software is licensed through a number of different licence types, to which the additional rights and restrictions set out below apply:
(a) Database Licence. If you have purchased a Licence of the Software you may install the Buildlogic Database on the hard disk of one computer (‘Server’). Additional copies of the Software and the Buildlogic Business Databases may only be made for archival and backup purposes only of the licensed user only.
(b) Client Access Licence. On payment of the Annual Licence Fee as detailed in clause 5, Buildlogic will update their registration database to allow ongoing use of the software. The Client Access Licence allows you to install the Software on the hard disk of a single computer for access to the Database installed on the Server.
(c) Evaluation Client Access Licence. If you have obtained permission from BUILDLOGIC to evaluate the Software, you may install the Software on a temporary basis for evaluation purposes only. The evaluation period is limited to 30 days from the date the Software is installed (‘Evaluation Period’). Upon completion of the Evaluation Period your licence to use the Software expires. During the Evaluation Period, the software is provided on an ‘as is’ basis and you assume all risks associated with the quality and performance of the software. The evaluation version of Buildlogic is not licensed for an initial implementation toward Go Live.
(d) Upgrade Licence. If you have received the Software as an upgrade, the Software constitutes a single product together with the product that you upgraded (from), and may not be used to increase the total number of licensed copies of the Software.
4. Third Party Software Products
This licence does not grant you any rights in relation to any third party software products used or required in conjunction with the Software, for example third party database products. You are responsible for obtaining the necessary licences for such third party software products as you may require. You acknowledge that the licensing scheme for third party software products may not correspond with the licensing scheme for the Software. This licence does not include licences to any 3rd Party database server software that is required to correctly operate the Software.
5. Annual Maintenance Fee
The Annual Maintenance Fee allows you to continue to use the Buildlogic Software and documentation. You agree to pay the Annual Maintenance Fee from the date you first start using the Buildlogic software, wholly or any part, in a production or live environment. The Annual Maintenance expires 12 months (or part thereof) after being issued and payment will need to be received prior to the annual renewal anniversary of 31/10/2008 to continue using the software and documentation.
The Annual Maintenance Fee is as per the current Buildlogic price List. BUILDLOGIC will provide you with full use of the Software once BUILDLOGIC receives payment of the Annual Maintenance Fee.
6. Breach of Licence
This Licence Agreement shall terminate automatically if you fail to comply with the terms of this Licence Agreement. No notice shall be required from BUILDLOGIC to effect a termination. Upon termination, you must destroy all copies of the software and documentation including that resident on any computer systems or storage devices.
The Software contains software locking or disabling features, which may activate upon attempted use of the software in breach of this Licence Agreement. You agree that incorporation of these features into the Software is commercially reasonable and you accept all risk associated with these features. You should backup your data on media not associated with the Software to reduce the risk of any loss of data that might result from the activation of such features.
7. Limited Warranty and Limitation of Liability
The following provisions are without prejudice to any rights you may have at law, which may not be legally excluded. BUILDLOGIC does not warrant the Software is error free.
BUILDLOGIC warrants that the Software, as updated and when properly used, will perform substantially in accordance with its documentation and the Software media will be free from other material defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. This warranty is void if Software fails as a result of accident, abuse, or misapplication.
BUILDLOGIC makes no warranties or representations as to the performance of the Software or its ability to extract or transfer data or information from or to any third party system or product. BUILDLOGIC expressly advises you and puts you on notice that the software may inaccurately transmit data and that the transfer of the data to any product may be ineffective. BUILDLOGIC does not warrant the output of the Software to meet any standards or requirements, which may be applicable to any end-user’s business. BUILDLOGIC does not make or give any representation or warranty with respect to the usefulness or the efficiency of the Software.
If BUILDLOGIC breaches any warranty or other provision of this Licence Agreement BUILDLOGIC’s entire liability and your exclusive remedy shall be, at BUILDLOGIC’s option, either:
(a) Return of the price paid to BUILDLOGIC for the Buildlogic software licences, or
(b) Repair or replacement of the Buildlogic Software that does not meet the warranty and which is returned to BUILDLOGIC.
To the maximum extent permitted by law, BUILDLOGIC disclaims all other warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, non-infringement or title, with regard to the Software and Documentation.
BUILDLOGIC does not declare that the software is fit for your intended business purpose, and that by accepting the terms of this agreement, you also acknowledge that you have exercised your own judgment in selecting the software as being fit for your business purpose.
Except as expressly provided above and to the maximum extent permitted by applicable law, BUILDLOGIC shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software even if BUILDLOGIC has been advised of the possibility of such damages.
8. Protection of your Data
You acknowledge that the data stored on 3rd party products (such as database servers and hardware) is the responsibility of you to maintain, archive, backup, report from and similar, and to undertake whatever is necessary to ensure the protection and access to the information, beyond the use of the Software.
9. General Provisions and Definitions
Any terms used in this Licence Agreement, unless defined otherwise, have the following meaning:
‘Annual Maintenance Fee’ means the annual fee payable by you in order to continue to use the Software and Documentation after the Renewal Date;
‘Documentation’ means the technical documentation supplied with the Software at the time of supply;
‘End User’, ‘you’ or ‘your’ means the legal entity specified in the End User details section of this document and or your nominated representative;
‘Go Live’ is the point in time where the Buildlogic is enabled for and used by the business for its intended and designed purpose, specifically nor in a testing or evaluation phase.
‘Licence Type’ means the type of licence grant as determined in the Product Information section of this document, which also details the number of users, to which the specific terms of clause 3 apply;
‘Software’ means any software, media, accompanying on-line or printed documentation and direct or indirect access to the Buildlogic table structures which collectively are BUILDLOGIC Intellectual Property.
Any amendment, modification or variation to this Licence Agreement must be in writing and signed by both you and an authorized representative of BUILDLOGIC. If any provision of this Licence Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
BUILDLOGIC may assign its rights and obligations under this agreement at any time without notice to you. You may not assign or transfer any rights or obligations under this Licence Agreement without prior written consent from BUILDLOGIC, such consent shall not be unreasonably withheld.
This Licence Agreement shall be construed, interpreted and governed by the laws of Victoria Australia if executed in Australia or any other country and may be executed as an agreement by the End User’s authorised representative or the End user directly.
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