This End User License Agreement (EULA) is a legal agreement between you and Galazia Pty Ltd (ABN 33 668 876 104) trading as Builders Software Toolbox and governs the Products made available to you on this site, or as digitally delivered or accessed by you, which may include software, third party files and programs, Microsoft Office files, Google Doc files, templates, instructions, associated media, Internet-based services, support services, and related printed or electronic documentation (Products). By installing and/or using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to completing the installation process and using the Product. If you do not agree with the Terms please do not install or use the Product.
1. General Use Rights
1.1 Upon:(a) payment of the license fee for the Product specified by Builders Software Toolbox at the point of purchasing the licence for the Product (Licence Fee); or (b) in the event that the Product is not provided for a Licence Fee, then upon downloading, installing or using a Product (Download) (whichever comes first), you are granted a revocable, non-transferable, non-exclusive and limited licence (Licence) to use the Product strictly in accordance with these Terms, for the term of the Licence (Licence Term) commencing on the date that you purchase the Licence for the Product or Download the Product, whichever is applicable. If no license term is specified at the point of sale you are licensed to use the product in perpetuity in accordance with this EULA and our Terms & Conditions.
1.2 You may:
(a) install and use the Product on a single computer; or
(b) install and store the Product on a storage device, such as a network or cloud server, used only to install the Product on your other computers over an internal network, provided you have a license for each separate computer on which the Product is installed and run.
1.3 You must NOT:
(a) share the Licence, or the contents of the Product, with others;
(b) install or use the Product concurrently on more than one computer or other electronic devices without the separate relevant licences; or
(c) access or use the Product via a server or network storage device, including without limitation through Citrix and Citrix-type environments, except solely for the purposes of installing the Product on a computer in accordance with clause 1.2(a).
1.4 You agree that Builders Software Toolbox may, upon reasonable notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse Builders Software Toolbox for all reasonable expenses related to such audit in addition to any other liabilities Builders Software Toolbox incurs as a result of such non-compliance.
1.5 Prior to acquiring a Licence to the Product, you must ensure that you have the requisite computer hardware and software requirements and configuration that is required to successfully run and install the Program. You will not be entitled to a refund of the Licence Fee and to the extent permitted by law, Builders Software Toolbox will not be responsible or liable for any claim, loss or expense that you may suffer as a result of not being able to install and/or run the Program.
2. Limitations
2.1 You must NOT:
(a) make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network;
(b) alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human-perceivable form;
(c) sell, transfer, rent, lease, licence or sublicense the Product;
(d) broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the Product;
(e) post the Product or part of the Product on any website;
(f) assign and/or novate any rights and obligations under these Terms;
(g) modify the Product or create derivative works based upon the Product;
(i) use the Product to develop any product having the same primary function as the Product.
2.2 You acknowledge and agree that
(i) the Product may include technical inaccuracies or errors, and
(ii) the party permitted to make changes to the Product (whether Builders Software Toolbox or the supplier of the Product (Supplier)) may make improvements or other changes in the Product at any time.
2.3 Builders Software Toolbox makes no warranty as to the accuracy or completeness of any information contained in the Product.
2.4 You acknowledge that any information in the Product is intended to be a guide only. You should not act solely on the basis of the information contained in the Product
3. Upgrades
3.1 If the copy of the Product is an upgrade from an earlier version of the Product, you must possess a valid full License to a copy of an earlier version of the Product used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a License exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier agreement and uninstall, destroy and cease using the earlier version of the Product and must not transfer it to another person or entity.
4. Ownership
4.1 Builders Software Toolbox and its Supplier(s) retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may develop), and all copies thereof. All rights not specifically granted in these Terms are reserved by Builders Software Toolbox and its Supplier(s).
5. Links to Third Party Sites
5.1 You may link to third party sites through the use of the Product. The third-party sites are not under the control of Builders Software Toolbox, and Builders Software Toolbox is not responsible for the contents of any third-party sites, any links contained in third party sites, or any changes or updates to third party sites. Builders Software Toolbox is not responsible for webcasting or any other form of transmission received from any third-party sites. Builders Software Toolbox is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Builders Software Toolbox of the third-party site.
6. Additional Licensed Content/Services
6.1 These Terms apply to any updates, supplements, add-on components, or Internet-based services components, of the Product that Builders Software Toolbox may provide to you or make available to you after the date you obtain your initial copy of the Product, unless Builders Software Toolbox provides other terms with the update, supplement, add-on component, or Internet-based services component. Builders Software Toolbox reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
7. Intellectual Property
7.1 You must not remove or modify any copyright notice on the Product nor register any copyright based on the Product.
7.2 You must not use any of Builder’s Document’s or its Supplier(s)’ trademark(s) (Trademark), nor register in any country any Trademark, or any mark confusingly similar to the Trademark, whether along or in combination with the Trademark.
8. Security
8.1 You must use your best endeavours to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorised to use the Product pursuant to these Terms.
9. Termination
9.1 Without prejudice to any other rights, Builders Software Toolbox may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Product and all of its component parts and you will not be entitled to a refund of the License Fee already paid by you.
9.2 The following provisions of this EULA will survive any termination: All definitions and clauses 7, 10, 11, 12, 13 and this clause 9.2.
10. Warranties and Exclusions
Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions and impose obligations on Builders Software Toolbox and its Supplier(s) (“Implied Terms”). If the Implied Terms apply, to the extent permitted by law, Builder’s Document’s liability will be limited at its option to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement. Subject to the Implied Terms all representations, guarantees, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
11. Exclusion of Incidental, Consequential and Certain Other Damages
11.1 Subject to any Implied Term, Builders Software Toolbox will not be liable to you for any indirect or consequential loss, loss of profit (whether based on contact, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with these Terms, the Product, any software for the Product or any support services for the Product.
12. Limitation of Liability and Remedy
12.1 Subject to any Implied Term and to the full extent permitted by any applicable law, the cumulative total liability of Builders Software Toolbox and/or any of its Suppliers under these Terms (regardless of the basis of the claim or action, including negligence and gross negligence) will not exceed the greater of two (2) times the License Fee for the Product paid to Builders Software Toolbox or the amount of AU$100.
13. Your indemnity
13.1 You will indemnify Builders Software Toolbox, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses:(a) in the event that your act or omission causes or contributes to Builders Software Toolbox breaching its obligations with the Supplier of the Product;(b) as a result of your use of the Product, including but not limited to, any modification by you of the Product (whether done with Builder’s Document’s consent or otherwise) which causes the Product to infringe the intellectual property rights of a third party (including the Supplier(s)).
14. Variation of the Terms
14.1 Builders Software Toolbox reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or Download the Product whichever is applicable.
15. General Conditions
15.1 The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
15.2 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant Term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
15.3 These Terms are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
