30 Day Trial: Pegasus 3D Detailer

 

The applicable fee must be paid before the feature is able to be used.  Any features of the Software which are paid for by you are subject to the terms of this agreement.

You may purchase a Premium License from us which enables access to all pay-per-use features for a period of one year from the date of purchase.

We may:

(a)          change the amount payable for features from time to time;

(b)          change the accepted payment methods from time to time; and

(c)          not give you access to the relevant features until the payment has been confirmed, and we are not responsible for any delays in confirmation of payment.

4            GST

Capitalised terms in this clause have the meaning if any given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth):

(a)          unless expressly stated otherwise, all amounts payable by the you to us under this agreement are exclusive of GST;

(b)          if a supply under this agreement is subject to GST, and the consideration payable or to be provided for the supply is not inclusive of GST, the party receiving the supply must pay to the party making the supply an additional amount equal to the Amount of the Consideration multiplied by the applicable GST rate;

(c)          the additional amount is payable at the same time as the consideration for the supply is payable;

(d)          if the additional amount differs from the amount of GST payable by the party making the supply, the parties must adjust the additional amount; and

(e)          if a party is entitled to be reimbursed or indemnified under this document, the amount to be reimbursed or indemnified does not include any amount for GST for which the party is entitled to an Input Tax Credit.

5            Restrictions on use

You must not:

(a)          copy, modify, reverse engineer, decrypt, decompile, decipher, disassemble, interfere with, create derivative works or reproduce the Software;

(b)          merge the Software into other programs, or transmit the Software in whole or in part;

(c)          use the Software for any improper or unlawful purpose, in a manner for which the Software is not designed, or in a manner which would bring us into disrepute;

(d)          use the Software for any purpose in which failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage; or

(e)          use the Software in a manner which exceeds the scope of rights granted under this agreement;

(f)           lend, rent, lease or transfer the Software;

(g)          operate a service bureau with respect to the Software or otherwise make the Software available over the internet; or

(h)          knowingly permit anyone else to do any of the above.

6            Enhancements and updates

This agreement also covers any updates or enhancements made by us to the Software which we make available to all users.  Updates may occur automatically provided that your computer on which the Software is installed is connected to the internet. New versions of the Software may be made available subject to a fee being paid by you.  We may require you to accept and agree to be bound by additional terms or a separate agreement before providing you with access to any particular updates or enhancements.

7            Data

We are not obliged to back-up or otherwise create any copies of your data.  To the extent that we offer any service to store your data over the internet, you acknowledge and agree that the transfer of data over the internet is inherently unsecure, and that we are not responsible or liable for any loss of data resulting from your use of this feature.

8            Integration

The Software may integrate with other computer programs (“Programs”) by allowing the import or export of data to or from that Program. 

You acknowledge and agree that we:

(a)          are not responsible for the accuracy or correctness of any data originating from a Program or otherwise once it leaves the Software environment;

(b)          cannot guarantee that the Software will integrate with Programs successfully;

(c)          have no control over Programs and their compatibility with the Software; and

(d)          are not responsible for your compliance with any terms or conditions applicable to your use of any Programs.

9            Warranties and liability

(a)          We do not warrant the performance of the Software or that the Software is free of bugs.

(b)          The Software is provided to you strictly on an “as is” basis, and to the maximum extent permitted by law, we exclude all conditions, terms or warranties of any type, express or implied, including that the Software is fit for any particular purpose, will meet any standard or specification, or that it will operate without error or interruption. 

(c)          You are solely responsible for determining whether this Software is suitable for your purposes, including whether your system meets the System Requirements.

(d)          Our total liability to you under this agreement, for breach of contract, tort (including negligence), or any other cause is limited to an amount equal to the annual License fee that you paid for the Software.

(e)          Our maximum liability to you for any breach of a condition, term or warranty implied under any law which cannot lawfully be excluded by this agreement shall, to the maximum extent permitted by law, be limited, at our option, to the resupply of the Software, or the costs of having the Software resupplied.

(f)           We are not responsible for any incidental, indirect or consequential loss or damage.

(g)          You are liable for any loss or damage directly or indirectly caused by any breach of this agreement or otherwise from your misuse of the Software.

10          Indemnity

You indemnify us for any loss or damage we suffer as a result of any breach of this agreement by you, or any wilful misconduct, unlawful or negligent acts you engage in while you access, use or misuse the Software.

11          Termination

We may terminate this agreement immediately upon your breach of any term of this agreement.

You may terminate this agreement by uninstalling the Software[ and destroying any copies of the Software in your possession].

Upon termination, you have no further right to use and must immediately cease use of the Software, and you acknowledge that you will not be entitled to a refund of any amounts paid to us.  You must uninstall the Software [and destroy any copies in your possession], and you acknowledge and agree that we may remotely disable any License Keys in your possession or under your control.

Clauses 9, 10 and [12] survive termination of this agreement.

12          Confidential Information

To the extent that any of our Confidential Information is disclosed to you or is otherwise accessible by you through the Software or Documentation, you must not use or disclose that Confidential Information other than as permitted in accordance with this agreement.

You may disclose our Confidential Information:

(a)          with our written consent;

(b)          to legal or other professional advisors (provided those who are given access to the Confidential Information are under obligations of confidentiality which are no less protective than this clause 12); or

(c)          if required by law or a legal process, provided (to the extent permitted by law), you make all reasonable efforts to notify us of the requirement to disclose, and you cooperate to limit the scope of disclosure.

13          General

(a)          Jurisdiction

These Terms are governed by the laws of Queensland, Australia. 

(b)          Disputes

If a dispute arises under this agreement or otherwise in relation to the Software you agree to:

(i)           first contact us to discuss;

(ii)          if not resolved within 14 days of being notified to us and you wish to pursue the dispute, you must refer the matter to mediation, with the mediator to be appointed by the Institute of Arbitrators and Mediators Australia;

(iii)         if the dispute is not resolved by mediation, the parties may agree to implement further alternative dispute resolution processes.

Nothing in this clause prevents either party from seeking urgent injunctive relief from a court.

(c)          Interpretation

The meaning of general words is not limited by specific examples introduced by “including”, “for example”, “such as” or similar expressions.  Headings are not to be considered in the interpretation of this agreement.

(d)          Entire agreement

This agreement represents the entire agreement between the parties with respect to its subject matter.

(e)          Severability

If any part of this agreement is void, unenforceable or illegal in a jurisdiction, that part is severed for that jurisdiction. The rest of this agreement remains in full force and effect.

(f)           Assignment

You cannot assign or transfer your rights under this agreement without our express written consent.  We may assign our rights under this agreement at any time without your consent.

(g)          No waiver

A right, power or remedy arising under this agreement may not be varied or waived except in writing signed by the party to be bound.

(h)          United Nations Convention on Contracts for the International Sale of Goods (“CISG’)

The CISG does not apply to this agreement.

14          Definitions and interpretation

In this agreement, the following terms have the corresponding meaning:

Confidential Information means in relation to a party, information that:

(a)          is by its nature confidential;

(b)          is designated by a party as confidential; or

(c)          the other party knows or ought to know is confidential.

Our confidential information specifically includes the terms of any other agreements we have with you.

Information is no longer confidential if it:

(d)          is or becomes generally available to the public other than as a result of a disclosure in breach of this agreement; or

(e)          becomes available to the recipient on a non-confidential basis from a source other than the discloser who has represented to the recipient that it is entitled to such information.

Documentation means any documentation related to the Software that is provided with the Software.

Intellectual Property Rights mean all intellectual and industrial property rights throughout the world, both present and future, including rights in respect of or in connection with any [Confidential Information] or trade secrets, copyright, moral rights, inventions (including patents and patentable inventions), trade-marks and service marks, designs, semiconductors and circuit layouts, formulae, know-how and performance protection (whether or not now existing and whether or not registered or registrable), all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and includes any right to apply for the registration of such right.

License Key means the access key or physical device we provide to you which enables you to access the Software. 

System Requirements means the system requirements advised by us to you from time to time.