Trade2Plan 2.0.1

EULA - End User License Agreement

Please read the following terms and conditions before using the SOFTWARE. Use of the SOFTWARE indicates you accept the terms of this license agreement and warranty.

THIS AGREEMENT made the day you install the software.

BETWEEN: Trade2Plan

AND the person ("the Customer") who installs this software (as defined herein).

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Background
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The customer desires to purchase rights to use the software (as defined herein).

IT IS AGREED:

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Definitions
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1.
‘Charges’ means the charges payable by the customer to the supplier for the services, as specified in the schedule;
‘Commencement date’ means the date of purchase;
‘Confidential information’ means information that is by its nature confidential but does not include:
(a) information already known to the receiving party at the time of disclosure by the other party; or
(b) information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement;
‘Development specifications’ means the specifications set out in the schedule;
‘Development stages’ means the stages specified in the development specifications for the interim and final completion of the multimedia product;
‘Documentation’ means manuals and other printed materials referred to in the schedule which are designed to assist the customer in utilising the multimedia product;
‘Intellectual property rights’ means copyright, trade mark, design, patent, or layout rights relevant to, inter alia:
(a) textual, graphical, audio and other material displayed on the multimedia product;
(b) the user interface of the software including but not limited to screens, organisation, patents and operation or control features; and
(c) all software associated with the multimedia product;
‘Moral right’ means:
(a) a right of attribution of authorship; or
(b) a right not to have authorship falsely attributed; or
(c) a right of integrity of authorship; or
(d) a right of a similar nature;
which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this agreement;
‘Software” means the machine-readable data and information encoded on the website and software installer ("Trade2Plan.exe") and every part thereof.

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Development specifications
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2. The supplier sells the customer rights to use the software within Australia for a period of 10 years from the date of purchase.
3. The supplier undertakes to ensure that any material incorporated into the software does not infringe the intellectual property rights of any person in connection with this agreement.
4. No intellectual property rights in the software shall vest in the customer, and the customer acknowledges that there is no assignment of intellectual property rights in the software.
5. If the operation of the software is found to be defective and if the customer notifies the supplier of the defect during the warranty period, the supplier shall immediately rectify the defect at its own expense.
6. The Supplier's liability for breach of any warranty or condition in relation to the supply of the Software, shall (to the extent legally permissible) be limited to any one or more of the following as determined by the Supplier in its absolute discretion:
i. the replacement of the Software;
ii. the supply of equivalent Software;
iii. the payment of the cost of replacing the Software;
iv. the payment of the cost of acquiring equivalent Software;
v. a refund of the purchase price.