END USER LICENSE AGREEMENT FOR HOTSTART SOFTWARE PTY LTD SOFTWARE – PANEL N' PAINT
IMPORTANT, PLEASE READ CAREFULLY:
This Hotstart Software Pty Ltd END USER LICENCE AGREEMENT ("EULA") is a legally binding agreement between you (either an individual or an entity) and Hotstart Software Pty Ltd for the product identified above, which includes the use of a copy of computer software and associated media and a copy of the printed materials (If applicable), and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By purchasing or subscribing for the Software Product without promptly requesting a refund of such fee or installing, copying, or otherwise using the SOFTWARE PRODUCT, such acts indicate your acceptance of this EULA and your agreement to be bound by the terms and conditions of this EULA. If you do not desire to accept this EULA or agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund of the subscription fee or purchase cost.
NON-EXCLUSIVE NON-TRANSFERABLE SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed to you on a non-exclusive, non-assignable, non-transferable, limited, personal basis, not sold.
1. DEFINITIONS AND INTERPRETATION
The following words or expressions shall have the following meanings:
“Hotstart Software” means Hotstart Software Pty Ltd (ACN 113 836 463)
2. GRANT OF LICENSE AND RESTRICTIONS
This EULA grants you the following non-exclusive, non-assignable, non-transferable, limited, personal rights:
Systems Software - You may install and use copies of the SOFTWARE PRODUCT, up to, but not to exceed, the number of licenses shown on the product “about” screen.
Each primary user of the SOFTWARE PRODUCT specified above, may also install and use an additional copy of the SOFTWARE PRODUCT on a portable device or home computer (not both), providing this copy is not used concurrently with the primary copy.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
3. INTERNET ACCESS
The SOFTWARE PRODUCT may also be available through a range of devices using Internet access which may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
Hotstart Software makes no warranties or representations of any kind as to the availability of your telecommunication services from your provider, or any loss or damage you may incur by use of your telecommunication services.
The SOFTWARE PRODUCT may also use SERVICES provided by third party vendors. Access and reliability to SERVICES can’t be guaranteed to be available at all times and Hotstart Software accepts no liability expressed or implied for loss of access or storage of data.
Online SERVICES data will be kept for a minimum of 28 days after which it will be deleted.
You are responsible for your content. You are responsible for all materials (Content) uploaded, posted or stored through your use of the SERVICES. You grant Hotstart Software a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the SERVICES. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce or transmit any material which may be Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive or inappropriate. Nor may you upload any of the following:
- Objectionable information or communications of any kind, or criminal or civil liability under any local, state, federal or foreign law.
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy.
- Except as permitted by Hotstart Software in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
- Virus, Trojan horse, worm or other disruptive or harmful software or data.
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Hotstart Software may monitor your Content and may disclose any information necessary to satisfy our legal obligations, protect Hotstart Software or its customers, or operate the Services properly. Hotstart Software in its sole discretion may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in breach of this Agreement.
You are responsible for securely managing your password(s) for the SOFTWARE PRODUCT and/or SERVICES. If you become aware of unauthorised access to your account then you should contact Hotstart Software immediately.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation and Disassembly - You may not reverse engineer, decompile, translate, localize or disassemble the SOFTWARE PRODUCT.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental - You may not rent, license or lease the SOFTWARE PRODUCT to a third party.
Software Transfer Prohibited - You may not transfer all or any portion of your rights under this EULA without first obtaining the prior written consent of Hotstart Software Pty Ltd.
Term and Termination - The term of this EULA granted to you for the use of the SOFTWARE PRODUCT is for 1 year, renewable automatically, but without prejudice to any other rights, Hotstart Software Pty Ltd may terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is an upgrade from another product, whether from Hotstart Software Pty Ltd or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Hotstart Software Pty Ltd product, you may now use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
8. INTELLECTUAL PROPERTY RIGHTS
All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials and any copies of the SOFTWARE PRODUCT, are owned by and shall remain the sole property of Hotstart Software Pty Ltd or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. The Software Product and any copies of the SOFTWARE PRODUCT or any serial or key codes related to the Software Product and Hotstart Software Pty Ltd trademarks may not be used, posted or displayed in any form or manner on any online auction sites or any other site without the express prior written permission of Hotstart Software Pty Ltd.
9. INJUNCTIVE RELIEF
The parties agree that if you utilise or otherwise use any of the SOFTWARE PRODUCT in an unauthorised manner, or breach the remaining terms and conditions of this EULA, that such use or breach would have a devastating and serious impact on Hotstart Software Pty Ltd's continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Hotstart Software Pty Ltd. The parties agree that in such event, in addition to Hotstart Software Pty Ltd's right to recover damages for a breach of this EULA, Hotstart Software Pty Ltd would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent you, your employees, agents, consultants, or independent contractors from engaging in any further use of the SOFTWARE PRODUCT or the continued breach of the remaining terms and conditions of this EULA.
10. DUAL MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, license or otherwise transfer the other medium to another user.
Should you have any questions concerning this EULA, or if you desire to contact us for any reason, please contact the Hotstart Software at www.hotstart.com.au
11. LIMITED WARRANTY
Hotstart Software Pty Ltd warrants that (a) the SOFTWARE PRODUCT will perform substantially for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from date of receipt. Some countries and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
12. CUSTOMER REMEDIES
Hotstart Software Pty Ltd's and its suppliers' entire liability and your exclusive remedy shall be, at Hotstart Software Pty Ltd's option, either (a) return the licence fee paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Hotstart Software Pty Ltd's Limited Warranty and which is returned to Hotstart Software Pty Ltd with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of Australia, neither these remedies nor any product support services offered by Hotstart Software Pty Ltd are available without proof of purchase from an authorised International source.
13. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Hotstart Software Pty Ltd and it's suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE PRODUCT, and any accompanying hardware. This limited warranty gives you specific legal rights.
14. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Hotstart Software Pty Ltd or it's suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if Hotstart Software Pty Ltd has been advised of the possibility of such damages. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The restrictions and obligations as contained in this EULA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this EULA, and shall continue and remain in effect for one year, said period commencing on the day and year first written above to bind You, and your employees, agents, successors, heirs and assigns.
This EULA sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.
Except as otherwise provided in this EULA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by both parties' duly authorised agent.
This agreement and the rights and duties under this Agreement may not be assigned by you without the prior written consent of Hotstart Software Pty Ltd.
This EULA shall be binding upon and inure to the benefit of Hotstart Software Pty Ltd and its successors and permitted assigns.
This EULA may be executed and/or accepted in one or more counterparts, each of which shall be enforceable against the party actually executing and/or accepting the counterparts, and all of which together shall constitute one instrument.
Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the EULA or intent of any provision in the EULA.
If any provision of this EULA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this EULA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the EULA to the other party.
23. APPLICABLE LAW, JURISDICTION AND VENUE
This EULA shall be governed by and construed in accordance with the laws of Western Australia.
You and Hotstart Software Pty Ltd agree that any claim asserted in any legal proceeding by you or Hotstart Software Pty Ltd against the other shall be commenced and maintained exclusively in a court located within Western Australia, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgement by such courts may be enforced by any court).
Both you and Hotstart Software Pty Ltd hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
24. AUTHORITY TO EXECUTE AND ACCEPT
You warrant and represent to Hotstart Software Pty Ltd that this EULA shall be binding upon You, and that the individual agreeing to be bound under the terms and conditions of this EULA is authorised or has been empowered to do so.