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Terms & Conditions

This End User License Agreement (“EULA”) is a legal agreement between You as Licensee and Smart App Business Solutions Pty Ltd. (SABS) for Color Coded Inventory. By installing, copying, or otherwise using any of the Software, You agree to be bound by the terms of this EULA.

The copyright in the Software and its documentation is owned by SABS. Subject to the terms of this EULA, You are granted a non-exclusive right for the duration of the EULA to use the Software. You do not acquire ownership of copyright or other intellectual property rights in any part of the Software by virtue of this EULA. 

Your use of this software indicates your acceptance of this EULA.

DEFINITIONS

In this End User License Agreement, unless the contrary intention appears, 

“SABS” means Smart App Business Solutions Pty Ltd. 

“EULA” means this End User License Agreement 

“Licensee” means You, or the organization (if any) on whose behalf You are taking the EULA. 

“Documentation” means written documentation, including knowledge base articles, e-mails, training guides, and help content made generally available by SABS to aid in using the Software. 

“Software” means the software provided to You by SABS solely for Your use with. 

“Invoice” means the sales invoice provided to you by your software provider or SABS for the Software covered in this EULA. 

GRANT OF LICENSE

You are hereby granted a limited, non-exclusive and non-transferable right to use the SOFTWARE product for your own personal use. If you are a legal entity, the SOFTWARE product may be used by your employees and other authorised persons and external consultant working for you; and you are responsible for their compliance of the terms stated herein. 

Your license and your right to use the SOFTWARE product is limited to the existing product, the number of concurrent users, the versions, the number of concurrent servers, platform (operating system) versions and the part of the SOFTWARE product you have purchased the license for. Your license shall only grant you the right to start and run one (1) production environment and multiple sandbox environments at any time.  

In case of updates of the SOFTWARE product, you are only entitled to use one (1) version of the SOFTWARE product at a time. 

SOFTWARE MODIFICATIONS

You are not entitled to modify our application. If you need any special features, you can contact us with your requirements. In that case we will discuss with you the cost of modification.

WARRANTY

SABS and its licensors provide, and You agree to accept, the software and documentation “as-is” without warranty of any kind, express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement of any patent, trademark, design, copyright or any other intellectual property rights owned by a third party, or that the software is free from defects, and SABS and its licensors disclaim all liability for the same. 

You agree that SABS, its licensors and their respective subsidiaries will not be liable in connection with this license or its subject matter, under any theory of liability, for any indirect, incidental, special, consequential or punitive damages, even if advised of the possibility of such damages or if such damages are foreseeable.  Some jurisdictions do not allow the exclusion of damages or limitation of liability, so the above exclusions or limitations, to the extent prohibited by applicable law, may not apply to you. Your specific rights may vary from jurisdiction to jurisdiction. 

While SABS may choose to make enhancements or corrections to the Software available, SABS is not obligated to provide any such corrections or any support, maintenance or updates of the Software or Documentation. 

TERMINATION

This License is effective until terminated. SABS may terminate this License at any time upon Your breach of any provision. If this License is terminated, You will stop using the Software and Documentation and destroy all copies in Your possession, confirming to SABS in writing that You have done so. In relation to free apps, SABS preserves the right to unpublish the apps at any point of time. 

LICENSE BREACH

You agree that any breach of the restrictions in this License would cause SABS irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which SABS may be entitled, You agree that SABS may seek injunctive relief to prevent the actual, threatened or continued breach of these License terms. 

TRADEMARKS

All names of products and companies used in this EULA, the Software, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. 

GENERAL TERMS

Court Location 

This License and all matters arising out of it are governed in accordance with the laws of the State of New South Wales, Australia.  

Severability and Waiver 

If any provision of this License is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the extent possible or, if incapable of enforcement, deemed to be severed and deleted from this License, and the remainder will continue in full force and effect. The waiver by You or SABS of any default or breach of this License will not waive any other or subsequent default or breach. 

Assignment 

You may not assign, sell, delegate or otherwise transfer this License or any rights or obligations under it, without SABS’s prior written consent.