End User License Agreement
End User License Agreement (EULA) for Confirm Control
This End User License Agreement (“Agreement”) is between Control Confirm ABN
12 669 088 288 (“Company”, “we”, “us”, “our”) and you, the user, either an individual
or a single entity (“You” or “Your”), for the Confirm Control software application
(“Software”). By downloading, installing, or using the Software, You agree to be
bound by the terms of this Agreement. If You do not agree to the terms of this
Agreement, do not download, install, or use the Software.
1. Grant of License
We grant You a revocable, non-exclusive, non-transferable, limited license to
download, install, and use the Software strictly in accordance with the terms of this
Agreement.
2. Restrictions
You agree not to, and You will not permit others to: a. License, sell, rent, lease,
assign, distribute, transmit, host, outsource, disclose, or otherwise commercially
exploit the Software or make the Software available to any third party. b. Modify,
make derivative works of, disassemble, decrypt, reverse compile, or reverse
engineer any part of the Software. c. Remove, alter, or obscure any proprietary
notice (including any notice of copyright) of the Company or its affiliates, licensors,
partners, or the Software.
3. Intellectual Property Rights
The Software and all copyrights, trademarks, patents, trade secrets, and other
intellectual property rights associated are, and shall remain, the exclusive property of
the Company and its licensors. This Agreement does not convey to You an interest
in or to the Software, but only a limited license revocable in accordance with the
terms of this Agreement.
4. Software Updates
The Software may from time to time update or require download of additional
features that may add, enhance, or improve the current Software. You agree that the
Company may automatically update the Software, and this Agreement will apply to
such updates.
5. No Warranties
The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its affiliates and its
and their respective licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory, or otherwise, with respect to the
Software, including all implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Software will meet Your requirements, achieve
any intended results, be compatible, or work with any other software, applications,
systems, or services, operate without interruption, meet any performance or
reliability standards, or be error-free, or that any errors or defects can or will be
corrected.
6. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Company or its
affiliates, or any of its or their respective licensors, service providers, employees,
agents, officers, or directors be liable to You or any third party for any use,
interruption, download, installation, or any other use in connection with the Software
including, without limitation, any liability for personal injury, lost profits, lost data,
business interruption, or any other commercial damages or losses, arising out of or
related to Your use or inability to use the Software, however caused, regardless of
the theory of liability (contract, tort, or otherwise) and even if the Company has been
advised of the possibility of such damages.
7. Termination
This Agreement shall remain in effect until terminated by You or the Company. The
Company may, in its sole discretion, at any time and for any or no reason, suspend
or terminate this Agreement with or without prior notice. This Agreement will
terminate immediately, without prior notice from the Company, in the event that You
fail to comply with any provision of this Agreement. You may also terminate this
Agreement by deleting the Software and all copies thereof from your device.
8. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
9. Waiver
Except as provided herein, the failure to exercise a right or to require performance of
an obligation under this Agreement shall not effect a party's ability to exercise such
right or require such performance at any time thereafter nor shall the waiver of a
breach constitute a waiver of any subsequent breach.
10. Amendments to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material, we will provide at least 30 days'
notice prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
11. Governing Law
The laws of Queensland, Australia, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Software. Your use of the Software may also be
subject to other local, state, national, or international laws.
By downloading, installing, or using the Software, you have read, understood, and
agreed to be bound by the terms of this Agreement.
