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WARNING: Permission to use this material is conditional upon you agreeing to the terms set out below. The material is only offered to you on condition that you read and accept all the terms of this licence, and that you wish to become a licensee in respect of the Material. Acceptance will bind you and all of your employees to the terms of the licence. You signify your agreement to be bound by these terms and conditions by downloading any material from the website. If you do not wish to accept these terms, you must destroy all electronic and paper copies of the the material.
1. Acceptance of these Terms and Conditions
The User has clicked on a link to download material (being software or information) (the Material) from the website operated by Peoplestreme Pty Ltd ACN 097 265 462 under the brand name PeopleStreme (the Licensor). The Licensor is only willing to permit the User to download the Material, and grant the User a licence to use the Material, if the User agrees to be bound by, and complies with, the terms and conditions of this document. The User will signify its agreement to be bound by downloading any material from the website. If the User do not wish to be bound by these terms and conditions, the User must must destroy all electronic and paper copies of the the Material.
2. Grant of licence
(a) The Licensor grants to the User, and the User accepts on the terms and conditions contained in this document, a non-transferable, non-exclusive right to:
(i) use the Material on the terms and conditions set out in this document; and
(ii) possess and use the Material strictly in accordance with the provisions of this document.
(b) The User may only have the Material loaded on only one computer at any time.
(c) Notwithstanding paragraph 2(b), the User may make a back-up copy of the Material for security purposes. Apart from the foregoing, but without limiting the generality of paragraph 2(b), the User’s right to reproduce or adapt the Material is limited to the extent expressly permitted by sections 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).
3. Documentation
This licence extends to any other materials related to the Material that are provided to the User in print and/or machine-readable format to assist the User use the Material (the Documentation). The Documentation may not be copied, modified or used in any way not contemplated or expressly authorised by these terms and conditions.
4. Term of licence
(a) This licence commences upon acceptance of these terms and conditions and continues until the User removes all copies of the Material from its systems and ceases using the Material and Documentation for any purpose, but the licence may be earlier terminated by the Licensor if:
(i) the User is in breach of any term of this licence;
(ii) the User, being a corporation, becomes the subject of insolvency proceedings;
(iii) the User, being a firm or partnership, is dissolved; or
(iv) the User destroys the Material and Documentation for any reason.
(b) Upon termination, the User or its representative will destroy any remaining copies of the Material and Documentation or otherwise return or dispose of such material in the manner directed by the Licensor.
(c) Termination pursuant to this clause 4 will not affect any rights or remedies that the Licensor may otherwise have under this licence or at law.
5. User’s obligations
The User hereby undertakes to:
(a) not copy, reproduce, translate, adapt, vary or modify the Material without the express consent of the Licensor, except as expressly authorised by these terms and conditions or Part III Division 4A of the Copyright Act 1968 (Cth);
(b) supervise and control the use of the Material in accordance with the terms of this licence;
(c) ensure its employees, sub-contractors and other agents who have authorised access to the Material are made aware of the terms of this licence;
(d) not provide or otherwise make available the Material in any form to any person other than those to whom paragraph 5(c) refers without the written consent of the Licensor;
(e) not use the Material for, or in connection with, a service bureau operation; and
(f) only use the Material and Documentation for lawful purposes only, and not in any manner that is illegal or that is prohibited by laws that apply to the User or that apply to any other person to whom the User allows access to the Material or Documentation.
6. Warranty
(a) The User acknowledges that although the Material has been prepared in good faith, the Material cannot be guaranteed to free of errors, and further acknowledges that the existence of any such errors will not constitute a breach of this licence.
(b) Except as expressly provided to the contrary in this licence, the Licensor will not be liable to the User for any loss or damage, including special, indirect or consequential damages (such as loss of profits) arising out of a breach of this licence or arising out of the supply of defective Material or Material containing any errors.
(c) Any liability of the Licensor arising out of or in connection with this licence of the User’s access to , or use of, the Material will be reduced by the extent, if any, to which the User or any other party contributed to the loss.
(d) In the event any statute implies terms into this licence that cannot be lawfully excluded, such terms will apply to this licence, save that the liability of the Licensor for breach of any such implied term will be limited, at the option of the Licensor, to any one or more of:
(i) the replacement of goods to which the breach relates or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(e) The User acknowledges that it has exercised its independent judgment in acquiring the Material and has not relied on any representation made by the Licensor that has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Licensor.
7. Copyright
(a) Copyright in the Material and Documentation is owned or licensed by the Licensor. The User will not during or any time after the expiry or termination of this licence permit any act that infringes any of those rights and, without limiting the generality of the foregoing, the User specifically acknowledges that it may not copy the Material except as otherwise expressly authorised by the Licensor in writing, or acknowledged by this licence.
(b) The User will indemnify the Licensor fully against all liabilities, costs and expenses that the Licensor may incur to a third party as a result of the User’s breach of the copyright provisions of this licence.
8. Assignment
The User must not be in any way dealt with the benefit of this licence (whether by assignment, sub-licensing or otherwise) without the Licensor’s written consent.
9. Waiver
Any failure by the Licensor to exercise any right under this document does not operate as a waiver and the single or partial exercise of any right by the Licensor does not preclude any other or further exercise of that or any other right by the Licensor.
10. Governing law
This licence will be governed by and construed according to the law of the State of Victoria, Australia.
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