End user agreement for bCisive
bCisive Software License
You must agree to all of the terms and conditions contained in this software license (“Software License”) to become a user, which in turn will permit you to access and use the bCisive™ software developed, created and owned by Austhink Software Pty Ltd A.C.N. 109 947 837 (“Austhink”), and the content contained therein (“Austhink Software”),. By clicking the "I Agree" button below, you agree to the software license terms set out in this Software License. If you disagree with any of the terms below, Austhink does not grant you a license to use the Austhink Software; click the "I Disagree" button to exit the installer.
Austhink reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at www.austhink.com. Austhink may change this Software License by posting a new version without notice to you. Use of the Austhink Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions. By accepting the terms of this Software License, you represent to Austhink and its affiliates (collectively, “Austhink”) that you are at least 18 years old. The Austhink Software applications, documentation, and local computer files installed or utilized by the installer application are owned by Austhink, or Austhink’s licensors and content and data providers (“Austhink Licensors”), and are licensed to you on a worldwide (except as limited below), non-exclusive, personal, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Austhink Software, all updates, revisions, substitutions, and any copies of the Austhink Software made by or for you. All rights not expressly granted to you are reserved by Austhink or their respective owners. a. YOU MAY install and personally use the Austhink Software and any updates provided by Austhink (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Austhink Software for your own use or benefit. Your license to the Austhink Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Austhink Software and by destroying all your copies of the applicable Austhink Software. This Software License terminates automatically if you violate any term of this Software License, Austhink publicly posts a written notice of termination on Austhink’s web site, or Austhink sends a written notice of termination to you. b. YOU MAY NOT: (i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the Australian and U.S. copyright legislation) or improvements (as defined by Australian and U.S. patent leglislation) from the Austhink Software or any portion thereof.
(ii) incorporate the Austhink Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Authink Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Software License. (iv)
you may not use the Austhink Software for anything other than assisting with the hierarchical structuring of ideas and for logical reasoning.
You understand that the Austhink Software is not designed for any other purpose other than for mapping hierarchical structures and reasoning.
(v) use or export the Austhink Software in violation of applicable export laws or regulations. (vi) sell, lease, loan, distribute, transfer, or sublicense the Austhink Software or access thereto or derive income from the use or provision of the Austhink
Software, whether for direct commercial or monetary gain or otherwise, without Austhink’s prior, express, written permission. 2. Ownership and Relationship of Parties.
The Austhink Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia , the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License. Austhink and Austhink Licensors own all rights, title, and interest in and to their applicable contributions to the Austhink Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Austhink, including (but not limited to) the Austhink Software and Austhink trademarks, and creates no relationship between yourself and Austhink Licensors, or between you and Austhink other than that of Austhink to licensee.
The Austhink Software and its components contain software licensed from Austhink Licensors ("Licensor Software"). The Licensor Software enables the Austhink Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Austhink Software, and any data accessed through the Austhink Software, for your use only. Do not pass your registration key on to anyone. You agree not to assign, copy, transfer, or transmit the Austhink Software, or any data obtained through the Austhink Software, to any third party. Your license to use the Austhink Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Austhink Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Software License against you directly in their own name.
3. Support and Software Updates.
Austhink may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Austhink Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Austhink may change, suspend, or discontinue any aspect of the Austhink Software at any time, including the availability of any Austhink Software special feature, database, or content. Austhink may also impose limits on certain features and services or restrict your access to parts or all of Austhink Software or the Austhink web site without notice or liability. 4. Fees and Payments. Austhink reserves the right to charge fees for future use of or access to the Austhink Software or the Austhink services and web sites (collectively, "Austhink Software Services") in Austhink’s sole discretion. If Austhink decides to charge for the Austhink Software Services, such charges will be disclosed to you prior. 5. Disclaimer of Warranties by Austhink.
USE OF THE AUSTHINK SOFTWARE AND ANY DATA ACCESSED THROUGH THE AUSTHINK SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AUSTHINK SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
AUSTHINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "AUSTHINK ENTITIES") AND AUSTHINK LICENSORS DO NOT REPRESENT THAT THE AUSTHINK SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF AUSTRALIA .
THE AUSTHINK ENTITIES AND AUSTHINK LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE AUSTHINK SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE AUSTHINK SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF THE AUSTHINK SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE AUSTHINK ENTITIES OR THE AUSTHINK LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE AUSTHINK ENTITIES OR AUSTHINK LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
THE AUSTHINK ENTITIES AND AUSTHINK LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AUSTHINK SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE AUSTHINK ENTITIES AND AUSTHINK LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE AUSTHINK SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE AUSTHINK.
SOFTWARE, OR ANY DATA PROVIDED THROUGH THE AUSTHINK SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE AUSTHINK SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE AUSTHINK ENTITIES AND AUSTHINK LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. AUSTHINK MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE AUSTHINK SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE AUSTHINK SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
7. Indemnification. You agree to indemnify and hold the Austhink Entities harmless from any claim or demand, including reasonable legal court fees, attorneys' and/or solicitors fees, made by any third party in connection with or arising out of your use of the Austhink Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity. 8. Governing Law.
This Software License and the relationship between you and Austhink is governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions. You and Austhink agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia, and all those courts to which a rightful appeal may be made. You waive your right to claim such a jurisdiction to an incorrect jurisdiction and/or inconvenient for purposes of hearing a dispute, dispute resolution and/or giving effect to the terms of this Software License.
9. No General Waiver; Severability.
The failure of Austhink to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
10. Complete Agreement; Variation. This Software License constitutes the entire understanding and legally binding agreement between the parties respecting use of the Austhink Software, superseding all prior agreements between you and Austhink. Austhink may vary the terms of this Software License in its sole, and absolute discretion. No amendment to or modification of this Software License will be binding unless in writing and signed by a duly authorized representative of Austhink. Your conduct, will under no circumstances, alter or modify the binding terms and nature of this Software License. 11. Surviving Provisions. Sections 2, and 4 through 11, will survive any termination of this Agreement.