END-USER LICENCE AGREEMENT FOR YARNLAB SOFTWARE
IMPORTANT — READ CAREFULLY: This End-User Licence Agreement (“EULA”) is a legal agreement between you and YarnLab Pty Limited A.C.N 611 077 224 that covers the YarnMan software product (“SOFTWARE PRODUCT”) and any supplemental information that YarnLab Pty LIMITED has made available (including documents together with their accompanying supplemental information). This EULA supplements the TERMS AND CONDITIONS. By accessing or otherwise using any YarnLab Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use any YarnMan software. This EULA does not grant you any other rights but for the ones contained herein.
DEFINITIONS
In this End User License Agreement, unless the contrary intention appears,
"EULA" means this End User License Agreement
"YarnLab" means YarnLab Pty LIMITED A.C.N 611 077 224
"Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
"YarnMan" means the SOFTWARE PRODUCT that includes Yarnman and YarnApps
"Support Services" means email based support provided by YarnLab or YarnMan resellers, including advice on usage, investigation of bugs, fixes, repairs of models if and when appropriate and general product support.
"YarnLab support engineers" means employees of YarnLab who provide on-line support services.
1. GRANT OF LICENCE.
i Subject to the terms of this Agreement, YarnLab grants You a non-exclusive, non-transferable license to install or use the Software in executable form only.
ii Free/Evaluation versions of the Software may not be used in production environments.
iii Specific functionality and License grant duration is controlled by the Software license.
2. RESTRICTIONS. You may not:
• work around any technical limitations in the software;
• reverse engineer, disassemble or modify the licensed software or permit third parties to do so, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease, lend or resell the software; or
3. RESERVATION OF RIGHTS. All title and copyrights in and to the Software, and any copies of the Software, are owned by YarnLab Pty LIMITED and/or its affiliates. All rights not expressly granted are reserved by YarnLab Pty LIMITED and/or its affiliates. In particular, this EULA does not grant you any rights in connection with any trademarks or service marks of YarnLab Pty LIMITED and/or its affiliates. Use of the Software for any purpose other than expressly permitted in this EULA is prohibited, and may result in severe civil and criminal penalties.
4. WARRANTIES. YarnLab represents and warrants that the Software will substantially conform to its publicised specification. You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, except as set forth in this License, the Software is provided “as is” and “as available”, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and representations with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against interference with Your enjoyment of the Software, that the functions contained in, or services performed or provided by, the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by Licensor shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
5. LIMITATION. To the extent not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data, or business interruption, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Licensor’s total liability to You for all direct damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to the amount You paid for the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. TERMINATION. Without prejudice to any other rights, YarnLab Pty LIMITED may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software.
7. SPECIFIC USE. YarnLab Pty LIMITED and/or its affiliates make no representations about the suitability of the software for any purpose. This software is provided by the author “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed. In no event shall the author be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of this software, even if advised of the possibility of such damage.
8. ACCOUNTS AND PASSWORDS. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses on your instance of YarnMan.
9. YOUR CONDUCT. You agree that all information or data of any kind, whether text, software, files, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. YarnLab Pty LIMITED shall not be responsible to you in any way for the Content that appears in the Software nor for any error or omission nor liable for any breaches of any copyright in the content stored in the Software by you and your users.
10. THIRD PARTY SERVICES. Goods and services of third parties may be advertised and/or made available on or through this Software. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. YarnLab Pty LIMITED shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
11. The User warrants that they own or have the right and licence to use any and all information uploaded to the YarnMan system. The User indemnifies YarnLab against any loss or damage (including consequential loss) that may result from any information uploaded to the YarnLab system, including but not limited to copyright breach.
12. MISCELLANEOUS. If you use the Software in Australia, this EULA is governed by the laws of the State of New South Wales. If you use the Software outside Australia, then local laws may apply. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of this Software must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation. Should you have any questions concerning this EULA, or if you desire to contact YarnLab Pty LIMITED for any reason, please contact YarnLab Pty LIMITED on enquiry@yarnlab.io, or write to: YarnLab Pty LIMITED Level 3, 321 Pitt Street, SYDNEY NSW 2000 Australia.