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Abridged Terms and Conditions and Software License Agreement

JointAction Group Pty Ltd Trading as Etiscope

Effective Date: 01/12/2024 Version: Rev 2

Licensor: JointAction Group Pty Ltd Licensee: The User

  1. This is an agreement between the Licensor and the Licensee, who is being licensed to use the named Software.
  2. Licensee acknowledges that this is a limited nonexclusive license. The Licensor is and remains the owner of all titles, rights, and interests in relation to the Software.
  3. This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
  4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for the period of the payment of the License Fees. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to the period for which License Fees are paid after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
  5. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
  6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
  7. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
  8. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
  9. This License Agreement is the entire and exclusive agreement between Licensorand Licensee regarding this Software.This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensorand Licensee regarding thisSoftware.
  10. This License Agreement is governed by the law of Australia applicable to State of Victoria contracts.
  11. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Service response times are as follows:
  12. Initial response within 1 hour of notification for the Frontline Support team between 8:00am and 8:00pm AEST on normal business days.
  13. Initial response time within 6 hours of notification to the Frontline Support team outside normal business hours.
  14. 99% availability of the EtiscopeApp and Portal over the term of the License
  15. Escalation of response after 24 hours from Initial Notification
  16. Notices are to be sent to info@etiscope.com regarding business, finance and licensing issues. Notices for technical issues are sent to support@etiscope.com

For further information refer to the full Standard Terms and Conditions and Software License Agreement, which is also available at https://etiscope.com/standard-terms-and-conditions-and-software-license-agreement/