FuneralSoft™ is licenced under the following Terms & Conditions which form the Product Use Agreement (Licence Agreement) The purpose of mutually agreeing to these terms & conditions is to provide certainty to you as a client in regards to ongoing Technical support and future upgrades and support. This agreement comes into effect upon purchase of FuneralSoft and/or associated products.
Product Use Agreement
Terms & Conditions
PLEASE READ THIS LICENCE CAREFULLY. By using the software supplied with this licence (the "Software") you agree to be bound by the terms of this Licence. (Where the context permits, "Software" will also include the user guide and related materials.) If you have purchased a subscription version of the Software, refer further, in particular, to Clause 7.
Instra Technologies Pty Ltd ATF The PM Trust (ABN 31 413 178 836) (the "Licensor") grants to you a non-exclusive, non-transferable Licence to use the Software in accordance with the terms of this Licence. The Licensor reserves all rights not expressly granted to you and retains ownership of the copyright and all other intellectual property rights in the Software.
(a) This Licence entitles you to load the Software onto multiple computers depending on the licence you have purchased. If more sites are to use the Software, you may have to obtain an additional licence for each additional site. Any additional licence will be provided to you on the same terms on which you use the Software.
(b) You must not:
(i) use or rely upon the Software for any purpose or in any manner for which the Software is not warranted;
(ii) copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Software;
(iii) reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software;
(iv) sell, market, network, transfer, lease, license, rent, lend or otherwise dispose of or distribute the Software;
(c) If this Licence is included with a trial version of the Software, you are granted a limited non-exclusive licence to use a copy of the Software for the evaluation and trial of the Software. By your use of the trial version of the Software, you understand and agree that there are limitations in the trial version and it is not to be used for real-time critical data.
(d) You must activate this Software with the Licensor in order to use it (except Trial version). You must activate the Software each and every time the software is installed on any computer. Excessive multiple installations may require the Licensor to question the legitimacy of the installation.
3. PRODUCT SUPPORT
(a) Subject to Clause 7, the Licensor will maintain the Software, during the period from the date of purchase until the earlier of:
(i) the first anniversary of the date of initial supply by the Licensor of release one of this version of the Software; and
(ii) the date of initial supply by the Licensor of the second successive version of the Software.
(b) Subject to Clause 7, the Licensor is not required to enhance or upgrade or provide technical support for the Software free of charge.
(a) Subject to clause 5(a), the Software is provided "as is" and without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
(b) The Licensor warrants that the media on which the Software is recorded is free from defects in manufacture for a period of 90 days from the date of delivery. During this period the Licensor will replace any defective media on which the Software was supplied and any Software on that media, free of charge.
(c) While the Licensor has endeavoured to make sure that the Software works, the Licensor does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that use will be uninterrupted.
(a) Where conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by the Trade Practices Act 1974 (Commonwealth of Australia) and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence. Other than as set out in this Licence, all implied conditions, warranties and rights are excluded from this Licence.
(b) The Licensor's and its authorised distributors' liability for breach of implied conditions or warranties is limited, to the extent permitted by law and at the option of the Licensor, to replacing or supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again.
(c) To the extent permitted by law:
(i) The Licensor and its authorised distributors will not be liable to you or any other person for any indirect loss, damages, costs or expenses suffered by you or any other person relating to the performance, non-performance or any breach of this Licence or the supply of the Software.
(ii) The Licensor's maximum liability for damages arising in connection with this Licence or the supply of the Software is limited to the amount paid by you for the Software.
(d) You agree that the Licensor and its authorised distributors will not be liable, other than as expressly set out in this Licence, and that you will indemnify the Licensor and its authorised distributors in respect of any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of the Software (including any claims made against you by third parties).
(e) The information contained in this Software contains features designed to assist you in complying with the requirements of the relevant legislation imposing the Goods and Services Tax (the "GST"). These features in the Software have been developed with regard to the GST laws and regulations as at 1 November 2001. The GST laws and regulations are subject to change and the Software may not be correct at the date upon which you make use of the Software. The help contained in this Software is not a substitute for professional advice. The GST legislation is of a complex nature and legal and accounting advice should be obtained before taking any action in reliance on this Software.
(f) The Licensor, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of this Software or not, in respect of anything (including, without limitation, any error in or omission from this Software) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in this Software.
(g) The Licensor and its authorised distributors disclaim all liability for any corruption of data, inability to access data, breach of privacy, downtime as a result of or arising from the use of the Software including without limitation in connection with any third party products.
(h) The Licensor makes no warranty or representation in connection with third party products, the responsibility for which rests with the relevant provider of such third party products.
(i) The Software contains features which illustrate business profitability based on the data entered into the Software. Before making any business decisions based on the results of these features, you need to consider, with or without the assistance of a business adviser or accountant, the integrity, completeness and accuracy of the underlying data which you have entered into the Software. Furthermore, you should consult your business adviser or accountant to consider non-financial and other financial factors which may impact on any business decision in light of the particular needs, objectives and financial circumstances of your business.
6. TERM OF LICENCE
(a) Subject to Clause 7, the term of this Licence is perpetual, provided that this Licence may be terminated by the Licensor if you are in breach of this Licence or as otherwise set out in this Licence.
(b) Clauses 3, 4 and 5 will survive the termination of this Licence. Termination of this Licence will not prejudice any right which the Licensor may have, or but for the termination may have had, against you for a breach of this Licence.
(c) Upon the termination of this Licence, you or your representative must destroy the Software, user's manual and related materials and any copies of them which you possess or return or dispose of them in the manner directed by the Licensor.
(d) Either the Licensor or Licensee may terminate this Licence in writing giving one month's notice provided that all outstanding debts and monies owing have been paid. Any amounts owing will be calculated to the date of termination of this licence.
7. SUBSCRIPTION TERMS
If you have purchased a subscription version of the Software, this additional clause (Clause 7) will apply.
(a) For users of a subscription version of the software, the following words shall be read in substitution of Clause 3(a) of this Licence: "The Licensor will maintain the Software from the date of purchase and during the term or renewal terms of the subscription".
(b) For users of a subscription version of the software, the following words shall be read in substitution of Clause 3(b) of this Licence: "The Licensor is not required to provide technical support for the Software free of charge".
(c) For users of a subscription version of the software, the following words shall be read in substitution of Clause 6(a) of this Licence: "The term of this Licence is 12 months from the date of registration of the Software, provided that this Licence may be terminated by the Licensor if you are in breach of this Licence or as otherwise set out in this Licence. This licence will automatically renew upon the payment of an annual subscription fee. In the event that an annual subscription fee is not paid or remains unpaid for 30 days after the due date, this Licence will automatically terminate".
Upgrades & Updates
(d) During the term of this Licence you will receive, included in the cost of the subscription, all upgrades, updates and maintenance releases of the Software. Your right and entitlement to use the Software, as enhanced by any upgrades, updates and/or maintenance releases, concludes at the end of the term of the Licence (subject to payment of an annual subscription fee) and is not linked to the dates of release or registration of any upgrades, updates and/or maintenance releases. Where you have bought this Software as an upgrade to an earlier version of the Software, this Licence shall supersede any previous licence. Upgrades, updates and/or maintenance releases will be developed and released by the Licensor in its sole discretion, and the Licensor does not warrant or represent that it will develop or release any upgrades, updates and/or maintenance releases during the term of the subscription period or licence. Furthermore, the Licensor does not warrant that the upgrades, updates and/or maintenance releases will be provided to you or made available within any specified time period following the commercial release of such upgrades, updates and/or maintenance releases. For the purposes of this clause, "Upgrade" shall mean a new version of the Software which contains additional functionality; "Update" shall mean a new version of the Software which contains bug fixes or minor enhancements, and "Maintenance Release" shall mean a new version of the Software which contain minor bug fixes or enables the use of additional hardware or software support.
(e) This subscription version of the Software is provided to you on the understanding and acknowledgment that it may contain technology which deactivates and disables the software in the event that the subscription is not renewed.
(f) In the event that you elect not to renew your subscription and all outstanding monies have been paid, the Software will continue to operate without restrictions. Future upgrades of the Software can be purchased by way of an upgrade pack. In such circumstances, you will be charged separately for the upgrade.
(a) This Licence is governed by the laws of the State of Queensland, Australia.
(b) This Licence contains the entire agreement between the Licensor and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.
Copyright © 2013 Instra Technologies Pty Ltd AFT The PM Trust. All rights reserved.