2012 DIY SUPERANNUATION - INTERACTIVE WORKPAPERS

DEMONSTRATION VERSION - LICENCE AGREEMENT

These demonstration use 2012 DIY Superannuation Interactive Workpapers are subject to copyright and are licensed by the licensor, or sublicensor to the licensee for their internal professional purposes.

They may be copied as is required by Practitioners or their staff for the purposes of product evaluation or internal training purposes.

DEFINITIONS

The term "copyright holder" means PT Systems Pty Ltd (A.C.N. 099 635 971)

"Licensor" and "it" means Practitioner Technologies BN4486614.

"Software" means the files supplied being  file Diy10dem.xls  including all forms, formulae, calculations, macros, text, images & sound files and any subsequent copying, or alterations to the files whether by the licensee or otherwise.

"other software" means Excel 2002 Excel 2003 Excel 2007 and Excel 2010 being products of Microsoft Corporation of USA and other countries.

"Licensee" means the person or persons licensed by the licensor or sublicensor who have agreed to the terms of the licence.

"Site Licence" means a local area network at one physical location of the licensee or as otherwise determined by the licensor and communicated by the licensor or sublicensor to the licensee.

"Sublicensor" means Persons or Corporations authorised by the licensor or copyright holder by contract in writing to sublicense the software.

LICENCE

In consideration of agreement by the licensee to abide by the terms and conditions of the agreement the sublicensor or licensor grants a non-exclusive site licence to use the software in accordance with the permitted uses.

PERMITTED USES

The software may only be used in the performance of professional work as an accountant in public practice, financial planner or as trustee or agent of the trustee of a superannuation fund.

NOT PERMITTED USES

The licensee will not without the prior written consent of the licensor permit cause or allow any person or other organisation or body whatsoever to:

(i) reverse assemble, decompile the software or unprotect the cells;

(ii) create or recreate or attempt to create or recreate the model macro programs or any other aspect of the software in whole or in  any part whatsoever;

(iii place the information in the public domain;

(iv) publish the software to any other person whatsoever except with the consent of the licensor or sublicensor;

(v) endorse any products as being compatible or associated with the software except with the prior written consent of the licensor.

UNDERTAKINGS

The licensee shall limit access to all computer equipment, computer disks, documentation and any other media whatsoever containing the software and documentation relating thereto to those of its employees and agents necessary to permit the licensee to use the software for the purposes herein.

The licensee shall store the software and the operating instructions in a secure place except when being used, and will exercise all other precautions as may be necessary to prevent unauthorised access to the software and the operating instructions, whether directly or indirectly whether during use or otherwise.

The licensee will indemnify the copyright holder, the licensor and sublicensor against all loss and damage (including all consequential loss and damage (whether foreseeable or not) and will account to the licensor and sublicensor for all profits received by the licensee whatsoever and or lost by the licensor or sublicensor arising from any unauthorised disclosure, transfer, duplication, unprotection, disassembly or use of the software or from any breach of this agreement.

The licensee shall not:

(i) sell, sublicense, assign or distribute the software to any person in any form.

(ii) hypothecate;

(iii) mortgage; or

(iv) declare a trust;

in respect of any of the rights as the licensor or sublicensor may herein or hereafter grant to the licensee without prior written consent of the licensee.

AGREEMENT

This agreement shall operate until 31st December 2013 provided however that the licensor or sublicensor may terminate this agreement at any time and the licensee shall have no recourse whatsoever for such termination.

The licensee hereby acknowledges and warrants that this deed has been brought to its notice prior to any agreement between the copyright holder, the sublicensor, and/or licensor in respect of the software.

The licensee hereby acknowledges and warrants that it has received a copy of the specification of the minimum requirements of the hardware and other software required for the software to operate published from time to time on its advertising products and on its website.  

THE APPLICABLE LAW

The applicable law in relation to this agreement shall be the law of Queensland.

WAIVER

The licensee hereby waives any claim whatsoever that it may have or hereinafter have against the copyright holder, the licensor, distributors  and sublicensor and  indemnifies the copyright holder, the licensor, editors, distributors and sublicensor in relation to :

(i) any claims whatsoever that the licensee may have or hereinafter have against the copyright holder, the licensor, distributors and or sublicensor arising out of or incidental to the software, including any negligence, breach of contract, breach of trust, breach of fiduciary duty or otherwise by the copyright holder, the licensor, distributors and or sublicensor, their servants or agents;

(ii) the software not operating;

(iii) the software not operating to the satisfaction of the licensee;

(iv) the software not performing any of the functions expected of the software;

(v) any fault developing in the software;

(vi) any loss or damage whatsoever that the licensee may suffer as a result of its entering into this agreement or using the software; and 

(vii) the software being affected by any virus, and the licensee hereby indemnifies the copyright holder, the licensor and sublicensor against any claim by the licensee including any costs of the copyright holder, the licensor or sublicensor on a solicitor and own client basis that might arise out of any claim by the licensee against the copyright holder, the licensor and or sublicensor.

The licensee hereby waives all rights and claims that it might otherwise have against the copyright holder, the licensor and the sublicensor pursuant to the "Sale of Goods Act" ("the SGA") and any warranty which the copyright holder, the licensor or sublicensor might otherwise have under the SGA and also hereby indemnifies the copyright holder, the licensor and the sublicensor against any claim whatsoever, including the copyright holder's, the licensor's and sublicensor's  costs on a solicitor and own client basis of defending such claims which might be made against the copyright holder, the licensor or sublicensor arising out of or incidental to the software.

Subject to any qualification in the "Trade Practices Act, 1974" (as amended) ("the TPA") which expressly prohibits exclusion of the operation of any provision in the TPA, the licensee hereby waives any rights or claims whatsoever that the licensee might otherwise have against the copyright holder, the licensor and sublicensor and the licensee hereby indemnifies the copyright holder, the licensor and sublicensor against any claim against the copyright holder, the licensor or sublicensor whatsoever, including for the copyright holder's, the licensor's and sublicensor's costs on a solicitor and own client basis, that the licensee or anyone against whom the licensee is making claim or demand, may make.