End-User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
This End-User License Agreement ("EULA") for TAX PLANNER CALCULATOR
("the Calculator") is a legal agreement between you and TAX PLAN (AUSTRALIA) PTY LTD ("Taxplan").
You agree that "your use of the Calculator acknowledges that you have read this license, understand it and agree" to be bound by its terms and conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT, DO NOT INSTALL AND/OR USE the Calculator.
1 GRANT OF LICENSE
(A) General Terms
1.1 The Calculator is licensed only, not sold to you, by Taxplan for use only under the terms of this End-User License Agreement.
1.2 The terms of your licence to use the Calculator depend on the type of licence you choose. If you choose a personal licence, the terms set out in part (B) apply.
If you choose a commercial licence, the terms set out in part (C) apply."
1.3 Regardless of the type of licence you choose:
(a) the terms set out in parts (A), (D) and (E) apply to you;
(b) your licence and or use of the Calculator does not entitle you to own any copyright or similar right in it, or in any improvement to it; and
(c) Taxplan reserves all rights not expressly granted to you.
1.4 The Calculator includes protection technology to prevent unauthorised access to the operating formulae. It is illegal to circumvent the protection technology included in the Calculator in any way. You agree that you will not attempt to circumvent the Calculator's protection technology in any way.
1.5 You may not decompile or reverse engineer the Calculator. Nor may you aid or assist any other person to do so.
(B) Terms of personal licence
1.6 Taxplan grants you a personal, non-assignable and non-exclusive right to use the copy of the Calculator provided with this License on a single computer. You may not grant sub-licences to use the Calculator to any person.
1.7 Your personal licence comes into operation only after you have paid the stipulated fee to Taxplan.
1.8 You may not use the Calculator or any file created using it for commercial purposes, or to provide a service (whether gratuitously or otherwise) to any third party.
(C) Terms of commercial licence
1.9 Taxplan grants you a non-assignable and non-exclusive right to use the copies of the Calculator provided with this License. You may not grant sub-licences to use the Calculator to any person.
1.10 Your commercial licence comes into effect only after you have paid Taxplan the stipulated fee.
1.11 The License authorizes you to use the Calculator on the number of computers specified at Schedule A of this End-User Licence Agreement strictly within your company or business organization. You may not make the Calculator available to any other person, although you may use files created with it for commercial purposes or to provide services to third parties.
Schedule A
Number of computers specified..................
(D) DISCLAMER OF WARRANTY AND LIABILITY
- The Calculator is provided on an "as is" basis. To the fullest extent allowed by law, Taxplan makes no warranty (expressly or by implication) in relation to the Calculator and excludes all warranties implied by law, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
- You, or any other person using the Calculator, bear all risk as to the quality and performance of the Calculator.
- You agree that in providing you with a licence to use the Calculator, Taxplan does not provide you or any other person with, and that files created using the Calculator do not constitute, taxation advice, accounting advice, financial advice, legal advice, superannuation advice, or other advice of any type whatsoever.
- To the greatest extent allowable by law, all liability of Taxplan or anyone else who has been involved in the creation, production or delivery of the Calculator shall be excluded, and no such person shall be liable for any direct, indirect, consequential or incidental damages arising out of the use or inability to use the Calculator."
(E) MISCELLANEOUS TERMS
- This End User Licence Agreement embodies the entire agreement between the parties, and may only be varied by writing signed by Taxplan.
- No waiver of rights on the part of Taxplan will be effective unless made in writing signed by Taxplan.
- This End-User Licence Agreement is governed by the law of Western Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
- The terms of this End-User Licence Agreement survive its termination to the greatest extent permitted by law.