Information supplied by Jim Baker and associated companies (whether in User Documentation or other literature, video or audio material, training courses, websites, advice given by staff or resellers, or by other means) is intended only to illustrate general principles and may not be complete, accurate or free of error. As the circumstances of individual businesses vary widely, this information cannot be considered authoritative and may not apply to your specific situation. You should obtain competent advice from relevant qualified business advisory professionals before acting on such information. To the extent permitted by law, Jim Baker and associated companies are not liable for any special, consequential, direct or indirect damages arising from loss of function, profits or data resulting from your application of such information. In the event that any of the above limitations are found to be unenforceable, Jim Baker and associated companies’ liability is limited to the return of any fees or monies paid for the purchase of the product or service.
End User Licence Agreement
IMPORTANT-READ THIS CAREFULLY BEFORE — USE.
This is the End User Licence Agreement (Agreement). As you have purchased the Product (consisting of User Documentation or other media containing the Online Software), following notification of the Licence you are now legally bound by its conditions. HOWEVER, if the Licence Agreement contains anything of which you were not aware prior to purchasing the Product, or do not agree to be bound by, a full refund of the purchase price will be made. By installing the Online Software and keeping the Product, you are confirming that you have purchased the Product subject to this Licence and are bound by its provisions.
License Grant & Scope
“You” means the person, customer or company who is being licensed to use the Online Software. “We,” “Us”, “The Publisher” and “Our” means Jim Baker and associated companies. “Software” means the online program distributed by us and our authorised representatives. “DLGuard” is the network server that we use to store the software online.
The Publisher, through its local publishers and resellers, hereby grants to you, personal and non-exclusive licence to use the Online Software and the User Documentation only for personal non-profit use, subject to the terms and conditions of the Agreement.
“Non-profit use” means that you do not charge or accept compensation for the use of the Online Software or any services that you provide with it.
The Online Software is “in use” on any computer or tablet when it is accessed online through www.mytools4business.com by using the email address provided by you and the password by DLGuard (the network server). It can be used on a “smart-phone”.
The Online Software is available ‘for use’ for a period of 12 months from date of purchase and then continues when a yearly subscription has been paid. If the yearly subscription is not paid, Jim Baker and its associated companies, have the legal right to discontinue the subscription which in turn will delete all data that you (the customer) have entered.
We remain the owner of all right, title and interest in the Online Software and related explanatory written materials (“Documentation”).
Number of Users
The software can be used by any person and on any computer or tablet by using the email address and password provided of time of purchase.
Updates and Upgrades
In the event of an upgrade or update, it will be performed at no charge to you and will not affect any data that you have entered.
Things You May Not Do
The Online Software and Documentation are protected by Australian copyright laws and international treaties. You must treat the Online Software and Documentation like any other copyrighted material, for example a book. You may not:
– copy the Documentation,
– copy the Software except to make archival or backup copies as provided above,
– modify or adapt the Software or merge it into another program,
– reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
– sublicense, rent, lease or lend any portion of the Online Software or Documentation.
You may transfer all your rights to use the Online Software and Documentation to another person or legal entity provided you notify Jim Baker, or associated companies, of the transfer and the person it will be transferred to.
Term and Termination
This license agreement takes effect upon your use of the Online Software and remains effective until terminated. You may terminate it at any time by notifying Jim Baker and/or associated companies. It will also automatically terminate if you fail to comply with any term or condition of this license agreement.
The Online Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY — USE OR DISCLOSURE OF THE ONLINE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. You agree to use your best endeavours and to take all reasonable steps to safeguard the Online Software to ensure that no unauthorized person has access to the Product and that there is no unauthorized copying or distribution of the Software or User Documentation.
The Publisher warrants that the media on which the Online Software is recorded and the User Documentation provided with it are free from defects in materials and workmanship under normal use for a period of 30 days from the date of first installation, or 45 days from purchase (whichever comes first). Except for the limited warranty described above, the Online Software is sold ‘as is’ and you are assuming the entire risk as to its quality and performance. It is your responsibility to verify the results obtained from the use of the Online Software.
If, during the 30-day limited warranty period, you discover physical defects in the media upon which the Online Software was recorded or in the User Documentation, the Publisher will rectify the problem at no charge to you. THIS IS YOUR SOLE REMEDY. IN NO EVENT WILL THE PUBLISHER BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
– return the price you paid, or
– repair or replace the Online Software or media that does not meet the foregoing warranty.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. In the event that any of the above limitations or exclusions are held to be unenforceable, the Publisher’s total liability shall not exceed the amount of the Licence fee you paid.
1. This written license agreement is the exclusive agreement between you and us concerning the Online Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Online Software.
2. This license agreement may be modified only by in writing signed by you and us.
3. In the event of litigation between you and us concerning the Online Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of Queensland, Australia, and the federal laws of Australia.