THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND SPLASH IT CONSULTING PTY LTD TRADING AS DATABUZZ. BY REMOVING THE SET UP DISC FROM ITS PACKAGING AND/OR INSTALLING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS BELOW.
IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST PROMPTLY RETURN THE COMPLETE PACKAGE TO YOUR PLACE OF PURCHASE FOR A REFUND AND DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE INSTALLED.
You own the media on which the software is recorded but we own the software and accompanying documentation. The media, software and accompanying documentation are defined in these terms as the Product.
2.1 You may only:
(a) use 1 copy of the software on 1 personal computer;
(b) make 1 copy of the software for archival back-up purposes; and
(c) use the documentation in conjunction with the software.
The Software is “in use” on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM disc, or other storage device) of a personal computer.
2.2 You must not:
(a) decompile, disassemble or attempt to reverse engineer the software; or
(b) sub-licence, lease, rent or part with possession of the software.
2.3 You may transfer your rights to use the Product provided that the transfer includes any archival or back-up copy and all accompanying documentation. Any such transfer must be on the basis that the recipient agrees to be bound by the terms of this agreement and that it is a permanent transfer of the rights provided by this agreement.
3.1 To the extent that the terms implied under the Trade Practices Act 1974 apply to the supply by us of the Product, our liability for any breach of those terms is limited to:
(a) in the case of goods, either supplying the goods again or paying the cost of having the goods supplied again; and
(b) in the case of services, either supplying the services again or paying the cost of having the services supplied again.
3.2 Except for those terms which cannot by law be excluded, all terms other than those expressly contained in this agreement are excluded.
3.3 Our liability under this agreement for any cause is limited to the amount of the fees paid by you for the Product.
3.4 In no event will we be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit which may arise under this agreement.
This licence will terminate if you breach any of these terms. On termination, you must destroy all copies of the software and accompanying documentation.
This agreement is governed by the laws of New South Wales, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales, Australia and courts entitled to hear appeals from them.
Due to the electronic nature of the software products and the delivery of unlocked versions all orders are final and no refunds will be given. We strongly recommend that all customers evaluate the products prior to making a purchase – we are happy to provide demonstrations of all products.