Terms & Conditions
Website terms & conditions
All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.
This is a legal agreement between the purchasing party (“Customer”) and APPTICON PTY LTD and its successor and assigns (“APL”) located, 131-133 Peisley Street, ORANGE, NSW, 2800, Australia.
APL IS WILLING TO LICENSE THE ENCLOSED SOFTWARE AND DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. BY ACCEPTING THIS AGREEMENT, OR BY MAKING PRODUCTIVE USE OF THE ENCLOSED SOFTWARE, OR BY REGISTERING THE SOFTWARE WITH APL, OR BY SIGNING THIS PRINTED AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, APL IS UNWILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU, AND YOU SHOULD PROMPTLY RETURN THE DATA PACKAGE(S), OPENED OR UNOPENED, AND ALL THE ACCOMPANYING ITEMS (RETAINING NO COPIES) TO APL.
- License. APL grants you the non-exclusive and non-transferable right to use the APL Software (consisting of the accompanying software programs in object code, binary dictionary form, screen outputs/images and documentation, hereafter referred to as “SOFTWARE”) for business purposes only, and not for personal use, subject to all terms and conditions herein. This license allows for the use of the software and accompanying documentation at the customer site, defined as use by persons present at the physical location. A separate license or authorization is required to use the SOFTWARE at any other site, including use by radio wave or teleprocessing access of persons located at other sites.
APL retains ownership of the SOFTWARE and any accompanying documentation and all rights not specifically given to you in this license.
- License Fee. There is a fee for the use of the SOFTWARE, CUSTOMERS are to refer to the Pricing Tab for the SOFTWARE that you plan to use.
- Copying. You may not copy any parts of the SOFTWARE.
You may not sublicense, assign or transfer (including transfer by rental) the SOFTWARE or the right to use it, and any attempt to do so will void this agreement.
- Warranty. APL warrants that upon delivery, the program will substantially conform to the documentation for it, provided it is properly used on the computer hardware and with the operating system for which it was designed. APL also warrants that the program will process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and beyond the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations as described in the APL Year 2000 Compliance Documentation, to the extent that other hardware and software, used in combination with the program, properly and compatibly exchange accurate date/time data with it.
- Disclaimer. APL DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE PROGRAM AND DOCUMENTATION, INCLUDING THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSES. Any statements made by a dealer or any other partner other than APL are not warranties and you cannot rely on them in deciding to license the SOFTWARE.
- Limitation of Liability. (a)Neither APL nor anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any indirect, incidental, special or consequential damages, including but not limited to any loss of anticipated profit or benefits, resulting from the use of the program or documentation or arising out of any breach of warranty.
(b) Limitation of Responsibility and Liability for SOFTWARE integrations. Neither APL nor anyone else who has been involved in the creation, production, or delivery of any program covered by this license agreement and its addendums shall be liable for any changes made to other software programs with which this SOFTWARE is intended to integrate, which would negate the functionality of that integration or APL’S products.
- Updates. APL may from time to time make available to its customers updates to the SOFTWARE. Nothing herein shall be deemed to create any duty or obligation of APL to update the SOFTWARE at any time or for any purpose.
- Termination. You may terminate this agreement by returning all your copies of the SOFTWARE and documentation to APL. This license terminates automatically and without notice to you if you fail to comply with any provisions of this license agreement. You agree to return all copies of the program and documentation to APL upon any termination.
- Ownership of Software. You acknowledge and agree that APL owns all right, title and interest, including all worldwide copyrights, trade secrets and confidential proprietary information rights in the SOFTWARE and accompanying documentation.
- Complete Agreement. You acknowledge that you have read this license agreement and agree to its terms, and that it is the complete and exclusive agreement between you and APL regarding the SOFTWARE. You agree that if any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement will continue in full force and effect. This agreement is governed by the laws of the State of New South Wales, Australia, applicable to the contracts made and performed therein. The parties submit to the exclusive jurisdiction and exclusive venue for any suit or legal proceeding of any kind relating to this agreement or the subject matter hereof in the courts of NSW, Australia.
Restrictions on use
Material from the www.appticon.com website and any other World Wide Web website owned, operated, licensed, or controlled by Appticon or any of its related, affiliated, or subsidiary companies (together, “Appticon”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Appticon EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Appticon intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Appticon. Neither title nor intellectual property rights are transferred to you, but remain with Appticon, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The information contained in this website is intended for use by persons resident in Australia. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this and associated websites promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request from Appticon Pty Ltd via the “contact us” link.
Restriction of liability
Your use of the website is at your risk. Appticon (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Appticon (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Appticon (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Appticon has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a web page of this website or as required by law, everything on the website and all Appticon products displayed on the website are provided to you “AS IS” and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. APPTICON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPTICON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT APPTICON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Statutory warranties that are implied under Part V Division 2 Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.
To the fullest extent permitted by law, Appticon liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Appticon’s option, in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. See Refund Policy.
Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.
Appticon assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. Appticon also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Appticon. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.
Except as described otherwise, all materials in the Appticon website are made available only to provide information about Appticon. Appticon controls and operates this website from Orange, New South Wales, Australia and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws.
Appticon is not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While Appticon may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, Appticon disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although Appticon may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Appticon is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Appticon from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Appticon arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.
Appticon will fully cooperate with any law enforcement authorities or court order requesting or directing Appticon to disclose the identity of anyone posting such materials. In addition, you will not:
- Restrict or inhibit any other user from using or enjoying the website;
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or
- Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Appticon and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.
Appticon or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Appticon sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Appticon may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New South Wales, Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.
Appticon may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.
Appticon products and services are available in many parts of the world. However, the Appticon website may describe products and services that are not available worldwide.. Appticon reserves the right to change any price, product, service or new item without notice. All promotional items are subject to availability.