This Agreement was last modified on July 30, 2014.
This End User License Agreement ("Agreement") is a legal agreement between you and ingeniir.com ("the Site") operated by Ingeniir ("us", "we", or "our"). By using this product, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement then you must not use ingeniir.com.
For the purposes of this Agreement, the following terms shall have the following meanings:
Shall mean and include Ingeniir software, web based calculator and programs, reference manuals or other instructions, technical support or any other software, items or information of any kind provided by Ingeniir or obtained from the ingeniir.com web site.
Shall mean all software included in the Product.
Shall mean and include hardware or software that limits the number of users that may operate the Software simultaneously, or imposes an Expiry Date beyond which the Software cannot be used, or prevents certain parts of the Software from being used.
Shall mean the date imposed by any Security Devices beyond which the Software cannot be used.
Includes its employees, agents and suppliers.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
Grant of License.
Subject to the terms and conditions of this Agreement, Ingeniir grants to you a non-exclusive license to use the Product during the term of this Agreement.
The Software may be installed on an unlimited number of computers, however the maximum number of users operating it simultaneously may not exceed the user limit imposed by the Security Devices.
You may make such copies of the reference manual as are reasonably necessary for your use of the Product by the permitted number of simultaneous users, but you may not make copies of the reference manual for any other purpose without the prior written consent of Ingeniir.
Ownership; Proprietary Rights.
Ingeniir shall at all times be the owner of and have all rights to the Product, and all intellectual property associated therewith, including but not limited to patents, copyrights, trade names and marks, domain names, and trade secrets related thereto. The Product is protected by copyright laws and international treaty provisions. Nothing herein shall cause or imply a sale, license or transfer of any intellectual property rights of Ingeniir to you or to any third party, except as expressly set forth herein. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You may not attempt to reverse engineer, duplicate or bypass any Security Devices.
Ingeniir makes no warranties or representations as to the Product to you or to any other party. To the extent permitted by applicable law, all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed.
Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Ingeniir be liable for any punitive, exemplary, consequential, indirect, incidental, or special damages arising from or related to the use of ingeniir.com by any party, including without limitation damages arising from loss of data, loss of revenue or profits or failure to realize savings or other benefits, even if Ingeniir has been advised of or should be aware of the possibility of such damages.
You, at your sole expense, will defend, indemnify and hold Ingeniir harmless from and with respect to any loss or damage (including reasonable attorneys’ fees and costs) incurred in connection with, any suit or proceeding brought by a third party against Ingeniir insofar as such suit or proceeding shall be based upon (i) any claim arising out of or relating to your use of the Product except where such claim alleges that the Software infringes or constitutes wrongful use of any copyright, trade secret, patent or trade mark of any third party; or (ii) any claim arising out of or relating to any act or omission by you. You will pay any damages and costs assessed against Ingeniir (or paid or payable by Ingeniir pursuant to a settlement agreement) in connection with such a suit or proceeding.
Changes to ingeniir.com.
Ingeniir may change ingeniir.com from time to time without notice to you and shall not be under any obligation to provide you with any notification of such change.
Term and Termination.
The term of this Agreement shall commence on the date that you install or use ingeniir.com and shall continue (unless earlier terminated as provided herein) until the Expiry Date, or in perpetuity if no Expiry Date is imposed. Without prejudice to any other rights, Ingeniir may terminate this Agreement at any time if you fail to comply with its terms and conditions.
You may not assign or transfer this Agreement or any of your rights, duties or obligations hereunder and this Agreement may not be involuntarily assigned or assigned by operation of law, without the prior written consent of Ingeniir, which consent may be granted or withheld by Ingeniir in its sole discretion.
Each provision of this Agreement is intended to be severable. If any covenant, condition or other provision contained in this Agreement is held to be invalid or illegal by any court of competent jurisdiction, such provision shall be deemed severable from the remainder of the Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained in this Agreement. If such covenant, condition or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
You agree that the use of the Product by you shall be governed by the laws of the State of Victoria and the Commonwealth of Australia, and you consent to the non-exclusive jurisdiction of the courts of that State and the Commonwealth.
If any legal action is brought arising out of or relating to this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys’ fees and court costs in addition to any other relief it may be entitled.
This Agreement is the complete and exclusive statement of the agreement of the parties hereto with respect to the subject matter hereof, and supercedes all prior and concurrent agreements, promises, proposals, representations and warranties, oral or written, with respect to the subject matter hereof.