End user agreement for ZapitSMS
ZapitSMS END USER LICENCE AGREEMENT
RACE RIVER CORPORATION PTY LTD
This end user licence agreement ("Agreement") is a legal document between you (as an individual or entity) and Race River Corporation Pty Ltd ("Race River") with respect to the installation and use of ZapitSMS ("Software") and the provision of SMS services ("Services"). By installing the Software, you agree to be bound by the terms of this Agreement. If you do not agree to all the terms defined herein, please press cancel now. Do not complete the installation.
Grant of Licence
Subject to the terms of this Agreement, Race River Corporation grants a non-exclusive, non-assignable and non-transferable licence to use and display the Software on any single computer of which the licensee is the primary user.
The licensed copy of the software may either be used by a person who uses the software on one or more computers, or on multiple computers in an organisation provided that you have obtained individual licences for the software covering all workstations. All users will be subject to the terms of this Agreement.
Your use of our Services accessible by the Software is governed by separate terms and condition available from www.ZapitSMS.com
Limitation of Use
You agree not to take any action that may, in our reasonable opinion, adversely affect or impair any of our rights, title and interests in the Software, Service or any of our Intellectual Property Rights in any manner or form;
- to restrict access to our Software and Services to Authorised Users;
- to use the Software for sending SMS which comply with all applicable laws, regulations and the requirements of any government or statutory body and all reasonable industry and Race River policies, standards and codes. Contains nothing which is likely in the light of generally prevailing standards of decency and propriety to cause offence or racially or religiously vilifies, incites violence or hatred or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation or any other physical or mental disability; and
- not to repackage, market, license, lend, rent, distribute, transfer or otherwise commercially exploit the Software and Service or translate or export the Software into any other computer languages;
- not to merge all or any part of the Software with other computer programs, products or services without our prior written consent;
- not to reverse assemble, engineer or reverse compile or directly or indirectly allow a third party to reverse assemble, engineer or reverse compile the Software or attempt to discover any portion of the source code or trade secrets related to the Software, except as and to the extent that you are legally authorised to do so under any applicable laws;
- to notify us immediately if you become aware of any unauthorised use by any person of the whole or any part of the Software or Service;
- to indemnify us for any loss, cost or damage we incur as a result of your failure to comply with your obligations under this agreement.
Replacement and Upgrade of the Software
Race River reserves the right to replace, modify or upgrade the Software at any time by offering you a replacement or modified version of the Software. Any such replacement or modification to the Software offered to you shall be considered part of the Software and is subject to the terms of this Agreement (unless this Agreement is superseded by a further Agreement accompanying the replaced or modified version of the Software).
Technical support related to the Software is provided as a free service by Race River and in its discretion. The acceptance of this licence agreement is not to be interpreted as an agreement by Race River to provide technical support (i.e. service agreement).
Race River reserves the right to refuse technical support to any non-licensee.
Trial and Demo Versions
Trial version users agree to uninstall and destroy all files included with the Software upon expiration of the trial period. All other restrictions and terms of this licence shall continue to apply.
The Software is provided "AS IS" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose and you are assuming the entire risk as to its quality and performance. In no event shall Race River be liable to you for any damages arising out of the use of the program, even if advised of the possibility of such damages.
Race River does not warrant, guarantee or make any representations regarding the use, or the results of use of the software, or written materials in terms of correctness, accuracy, completeness, reliability, currentness or otherwise. You assume the entire risk as to the results and performance of the software.
Limitation of Liability
To the extent permitted by law, where the goods or services we supply under these terms and conditions are subject to warranties or terms implied by statute, general law, international convention and that cannot be excluded, restricted or modified, our liability for breach of any such condition or warranty will be limited at our option to:
- in the case of goods, to the supply of the goods again or payment of the cost of supplying the goods again; and in the case of services, the supply of the services again or payment of the cost of supplying the services again.
- to the extent permitted by law, our liability to you for any loss or damage, whether arising in contract, negligence or otherwise shall not exceed the total amount we actually received from you with respect to the Software or the Service. Race River or it’s resellers, suppliers, agents or employees will not be liable in any event (whether in contract, tort or otherwise) for any consequential, direct or indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data, loss of anticipated savings, loss of goodwill or economic loss even if we have been advised of the possibility of such loss or damage;
- Each party's liability in contract, tort, negligence, under statute or otherwise must be reduced by the extent, if any, to which the other party contributed to the loss.
Without prejudice to any other rights, Race River may terminate this Agreement if you breach or fail to comply with the terms and conditions of this Agreement. Upon termination of this agreement for any reason, you must immediately stop using the Software, remove and destroy all copies of the Software and all of its components and any related documentations.
Copyrights and Trademarks
Race River or its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (C’th)) is the developer, manufacturer, distributor and licensor of the Software and related products.
ZapitSMS is trademarked and copyrighted and all title, including but not limited to any images, logos, documentation, animations, video, audio or text, incorporated into the Software or the accompanying printed or printable materials which may be accessed through the use of the Software, and any copies of the Software are owned by Race River or its Related Bodies Corporate, and is protected by Australian Copyright and International Trade Secret laws.
The governing law of this Agreement shall be the laws of the State of Queensland, Australia.