ENGLISH - SLIDEGEN
THIS IS A SOFTWARE LICENCE AGREEMENT BETWEEN PETRIE SOFTWARE PTY LTD ACN 110 519 723 (“PETRIE”) AND YOU FOR USE OF THE SOFTWARE. THIS LICENCE IS GRANTED TO YOU THROUGH A PETRIE AUTHORISED REPRESENTATIVE (“PAR”). THE TERMS OF YOUR CONTRACT IS WITH PETRIE AS THE OWNER OF THE SOFTWARE AND THE GRANTOR OF THE LICENCE AND WITH PAR AS THE SELLER TO YOU OF THE LICENCE. THIS LICENCE AGREEMENT CONFERS RIGHTS ON YOU TO USE THE SOFTWARE AND IN RETURN OBLIGATIONS ON YOU IN RESPECT TO THE USE OF THE SOFTWARE.
IMPORTANT NOTE: YOU SHOULD REGULARLY BACK UP YOUR DATA WHILE USING THIS SOFTWARE.
BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE.
1.1 The Software and any associated intellectual property rights is always the exclusive property of Petrie and is licensed to You on the terms set forth in this Licence. Any licence given to You for the use of the Software does not act as an assignment to You of the Software or any other intellectual property rights. The Licence is simply a licence to use.
2. Permitted Licence Uses and Restrictions.
2.1 This Licence allows You, during the term of this Licence, to install and use one copy of the Software on a single computer owned or controlled by You.
2.2 You may not nor may You do or not do any things to allow any other persons to, copy (except as expressly permitted by this Licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Software or any services provided by the Software or to incorporate into or compile in combination with Your own programs, rent, lease, lend, sublicence, sell, transfer or otherwise redistribute the Software.
2.3 You agree that You will not use the Software for any purposes prohibited by Australian law including but not limited to the development, design, manufacture or production of nuclear, chemical or biological weapons.
2.4 You agree that this Software will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred.
3. Consent to Use of Data.
3.1 You agree that Petrie and its subsidiaries (if any) may collect and use technical and related information, including but not limited to information about Your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software, and to verify compliance with the terms of this Licence. Petrie may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. Term of Licence.
4.1 Term of Licence – To use the Software You must purchase a commercial licence. The purchase of a commercial licence includes the payment by You to PAR of a License Fee. There are two types of licences available:
a. Subscription Licence - the Term of the Licence is for a period nominated in the subscription purchase (e.g. 1 month, 6 months, 12 months) from the date of payment by You of the Licence Fee. However, if You breach this Licence Petrie may terminate Your Licence, in which event the Term shall automatically expire.
b. Full Licence (if available) - the Term of the Licence is for a period of 50 years from the date of payment by You of the Licence Fee. However, if You breach this Licence Petrie may terminate Your Licence, in which event the Term shall automatically expire.
4.2 The payment of the Licence Fee will entitle You to use the Software during the Term for all lawful purposes. On the expiry of the Term the Software will automatically cease to be useable.
4.3 If You pay the Licence Fee then the following conditions apply:
a. You will be required to install the software for use on a computer. Once installed, the software must only be used on that one computer. You may not install the Software on more than one computer without purchasing additional licences.
b. When purchasing a license, You must provide Your personal name or company name, and provide an email address.
c. When purchasing a license You may decide to allow Petrie to inform You from time to time via email of updates to the Software. You may opt out from receiving these kinds of emails in the future if You so desire. Any email received from Petrie does NOT constitute the beginning of an email discussion between You and Petrie, and any conversation about any issue should occur in the Discussion Forums (if available) or via Email Support (if available).
d. You agree to notify Petrie of any issues You encounter while using the Software, via the means as described on the website of Petrie from where You downloaded the Software.
e. Such notification as mentioned in 4.3d may include the posting of messages to publicly accessible Discussion Forums (Newsgroups), and You agree to the posting of such messages such that they may be read by anyone else viewing the Discussion Forums. Furthermore, when posting messages You agree to abide by the rules and etiquette given on the website of Petrie from where You downloaded the Software.
f. You agree that You will not use the Software for any unlawful purpose whatsoever. If You use the Software for any unlawful purpose:
i. You acknowledge that Petrie may immediately terminate Your Licence without notice to You and do all things necessary to prevent You from using the Software and You will have no claim whatsoever against Petrie in respect to such termination and prevention of use.
ii. You will indemnify Petrie and PAR against any liability, loss or damage that they or either of them might sustain as a direct or indirect result of Your unlawful use of the Software.
5. Your Obligations While Using the Software
5.1 Your use of the Software includes the use of song lyrics that are in the public domain. Whilst the Software enables You to record songs by other artists, such recording may breach copyright laws in Australia and/or overseas. Such breaches of copyright may not only give rise to civil actions against You, they can give rise to criminal proceedings being brought against You.
Software provides the ability to track the usage of song lyrics for the purpose
of Copyright Reporting. This is provided to You as a software tool only. It
remains Your sole responsibility to ensure that You comply with all Copyright
law, and comply with the terms of any licences You may have with any third-party
Copyright Licence providers.
5.3 Petrie strongly recommends that if You are to use the Software to record any artistic work which is not in the public domain, that You obtain the prior consent of the owner of the copyright in that work, or that You obtain an appropriate licence that permits You to use the artistic work.
is Your responsibility to ensure that You use the Software in a lawful manner
and that is the strict precondition upon which Petrie has granted You this
licence. You indemnify Petrie and PAR against any loss or liability Petrie
might sustain as a direct or indirect consequence of any unlawful use by You of
Software contains "External Folders" that are available to download
and install, delivered to You by Petrie via its website (as "XML Files").
These XML Files may be provided by a third-party provider, under an agreement
with Petrie. You agree that Your use of these XML Files will be in strict
adherence to the conditions specified by the third-party provider, as specified
in the header of the XML File. This header is available for viewing within the
Software. In addition, in cases where the Software asks You specific questions
to determine Your eligibility to use an XML File, You agree to answer all such
questions truthfully. You indemnify Petrie and PAR against any loss or
liability Petrie might sustain as a direct or indirect consequence of any
failure by You to abide by the conditions specified in the XML File header, or
Your failure to answer eligibility questions in a truthful manner.
5.6 The Software contains "Audio Collections" that are available to purchase, download and install within the Software. An Audio Collection contains one or more audio tracks in computer file format. These Audio Collections are for use within the Software only. It is a breach of this licence agreement to copy or access any of these audio files and use them in any form outside of the Software, except as expressly allowed by the Software itself.
5.7 The Software provides a "Custom Import" facility to import and use Your own audio files, within a custom Audio Collection. You agree to only import and use audio files that You own or have a valid licence to use. You indemnify Petrie and PAR against any loss or liability Petrie might sustain as a direct or indirect consequence of any unlawful use of any audio file by You within the Software.
6. Support and Maintenance.
6.1 Technical Support in the form of a Discussion Forum hosted by Petrie may be made available when a commercial licence for the Software has been purchased. Email Support may also be available, but is at the sole discretion of Petrie. An additional charge may be required to access Email Support.
6.2 Petrie at its sole discretion may make available on its website any updates of the Software.
6.3 The Software will periodically and automatically try to contact Petrie via any active Internet connection, without Your knowledge, for the purpose of checking if a later version of the Software is available, and to download configuration files used to populate the content of the "External Folders" and "Audio Collections" tabs. If a later version of the Software is available, or new or updated External Folders or Audio Collections are available, the Software will then notify You, and may give You the option to download the new version or updates. There may be fees payable for any major upgrades of the Software. No personally identifiable information will be sent during this automatic process. By installing this Software You consent to this communication. However, no guarantee is given that this communication will succeed, and may be stopped for a variety of reasons, including the action of personal firewall software installed on Your computer.
7. Disclaimer of Warranties.
7.1 By agreeing to the terms and conditions of this Licence, You expressly acknowledge and agree that:
a. Use of the Software is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You; and
b. The Software is provided "as is" and "as available", with all faults and without warranty of any kind including warranties with respect to accuracy, merchantability, suitability, quality or fitness for purpose;
8. Limitation of Liability.
8.1 Subject to any applicable law, You agree to indemnify both Petrie and PAR and keep them indemnified in respect to any loss, liability or expense sustained by You or any other person where such loss, liability or expense is caused directly or indirectly from Your use or misuse of the Software. Without limitation, such loss shall include all or any of the following types of loss or liabilities:
a. Damage or financial loss, including any consequential loss, caused directly or indirectly by any use of the Software;
b. Any damage to any hardware howsoever caused;
c. Any loss of profits or damage to You business howsoever caused;
d. Any corruption or loss of electronic data, howsoever caused;
e. Any loss sustained through directly or indirectly through any business interruption;
f. Any loss or liability or expense incurred as a result of any suits, actions or claims being brought by anyone as a consequence of Your use of the Software.
8.2 If You are using this Software other than for personal, domestic or household use or consumption then the liability of Petrie and PAR is limited at Petrie’s discretion to:
a. The replacement of the Licence with a new license or the provision of a licence to use equivalent software; or
b. The payment to You of the cost of replacing the Licence with an equivalent licence.
9.1 This Licence will terminate automatically upon the happening of any of the following events:
a. Expiry of the trial period and the option to extend under clause 4.3 has not been exercised during that time;
b. There has been a breach by You of a term of this Licence;
c. Your use of the Licence for any unlawful purpose.
9.2 Upon the termination of this Licence, You shall cease all use of the Software and destroy all copies, full or partial, of the Software.
10. Controlling Law and Severability.
10.1 This Licence will be governed by and construed in accordance with the laws of the State of New South Wales and Australia only and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10.2 If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Licence shall continue in full force and effect.
11. Complete Agreement.
11.1 This Licence constitutes the entire agreement between the parties with respect to the use of the Software. The parties confirm that they have requested that this Licence and all related documents be drafted in English. To the fullest extent permitted by law, all implied warranties are hereby expressly excluded.
12.1 In this Licence unless otherwise indicated by the context:
Licence means this licence agreement.
Software means “SlideGen” and includes all source code and any other intellectual property.
Technical Support means support given when a commercial licence for the Software has been purchased.