|Important Read Carefully:
This EULA has been prepared by buildXACT Pty Ltd (ACN 150 555 721) (the “Owner”) to outline your rights when using the buildXACT software (“the Software”) during the BRC. The EULA is a legal agreement between you (either an individual or a single entity) and the Owner and covers your use of the Software. The Owner recommends that you read the EULA before subscribing and using the Software.Terms and Conditions
1. Grant of License
The Owner grants you the rights to use the Software, according to the license model described at item 2 herein (“the Licence”), it is agreed that in exchange for the License, you will only use the Software as part of the BRC for a period not exceeding six (6) months from the date you accept the terms of this EULA.
2. License Model
This Licence is a single user web based licence which allows you to access the Software and Services contained in item 3 (“the Services”) through the web by using a user name and password created at the time of subscription to the Licence.
The Owner undertakes to provide you with the following Services:
- The hosting and maintenance of the Software so as to ensure that the Software is at all times operational and able to be used on the specified hardware and in conjunction with specified computer programs; and
- Assistance and support in relation to your use and understanding of the Software including but not limited to the provision of a help function within the Software, a dedicated 1800 telephone number and a dedicated support email.
4. Reservation of Rights and Ownership
The Owner reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Owner owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed to you only, not sold. This EULA does not grant you any rights to trademarks or service the Software marks.
Without prejudice to any other rights, the Owner may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, your right to use this Software and the rights to use the files produced using the Software by you and/or any third parties terminates automatically and you must then destroy all copies of the Software in your possession.
Owner represents and warrants that he has full title and ownership to the Software and has the authority to grant the license hereunder. To the best of the Owner’s knowledge the Software does not infringe upon the intellectual property rights of any third party and that it has not received any notice regarding any alleged infringement thereof.
7. Disclaimer of Warranties
In so far as is permitted by law, the Software and its related material are provided on an “AS IS” basis and without warranty of any kind. The Owner expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
8. Exclusion of Incidental, Consequential and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
In no event shall the Owner’s liability exceed the license fee paid, if any. Should you have any questions concerning this EULA, please contact Support