DEFINITIONS

 

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

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

"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 sublicence the software.

“XYZ” means the Self Managed Superannuation Fund Fully Worked Example for the Year Ended 30 th June 2011

written by the Licensor, and made available for practising accountants and financial planners.

COPYRIGHT ©

 

Copyright in the text and Microsoft Corporation Excel files forming part of XYZ is the property of PT Systems Pty.Ltd. ACN 099 635 971. All rights reserved. No part of this product may be reproduced, copied or utilised for sale or resale in any form or by any means whatsoever, whether electronic or mechanical including photocopying, recording, imaging or by information storage or retrieval system, without the prior consent in writing of Practitioner Technologies or PT Systems Pty Ltd.

Save that XYZ may be copied as required by the Licensee or their servants or agents for the purposes of product
evaluation or internal training purposes.

DISCLAIMER

 

The information contained herein is provided on the understanding that it neither represents nor is intended to be advice of any kind or that the publisher, developers, copyright holder, sub-licensors, distributors or agents are engaged in rendering legal or any other professional advice or financial services. Whilst every care is taken in its preparation no person should act specifically on the basis of the material contained herein. If expert assistance is required competent professional advice should be sought.

PT Systems Pty. Ltd., Practitioner Technologies, their directors, authors, sub-licensors, distributors or agents or any other person involved in the preparation and distribution of this publication expressly disclaim all and any contractual, tortious or other form of liability to any person (purchaser of the publication or not) in respect of the publication and any consequences arising from its use by any person in reliance upon the whole or any part of the contents of this publication.

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 XYZ in accordance with the permitted uses.

PERMITTED USES

The example may only be used to assist in the performance of professional work as a practising accountant 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 use XYZ contrary to the permitted use including but not limited to:

(i) placing the information in the public domain;
(ii) publishing XYZ (or any portion of XYZ ) to any other person whatsoever except with the consent of the licensor or sublicensor;

(iii) endorsing any products as being compatible with XYZ without the prior written consent of the licensor.

UNDERTAKINGS

 

The licensee shall not:

(i) sell, sublicense, assign XYZ.
(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

The right to use XYZ pursuant to this agreement shall cease on 31st December 2020 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 agreement has been brought to its notice prior to the acquisition and use of the software by the Licensee, their servants or agents.

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, distributors and
sublicensor, their servants or agents 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 use of XYZ, including any negligence, breach of contract, breach of trust, breach of fiduciary duty or otherwise by the copyright holder, the licensor, editors, distributors and or sublicensor, their servants or agents;
(ii) any loss or damage whatsoever that the licensee may suffer as a result of its entering into this agreement or
using XYZ; and
(iii) any file containing XYZ being affected by any virus;
(iv) any costs of the copyright holder, the licensor or sublicensor that might arise out of any claim by the licensee against the copyright holder, the licensor and or sublicensor on an indemnity basis.

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 an indemnity basis of defending such claims which might be made against the copyright holder, the licensor or sublicensor arising out of or incidental to the use of XYZ.

Subject to any qualification in the ""Competition and Consumer Act, 2010" (as amended) ("the CCA")which expressly prohibits exclusion of the operation of any provision in the CCA, 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.