This is a legal agreement between you (either an individual or a company) and Himalton Pty Ltd (A.C.N 159 565 714) as trustee for The Brodie Wilson Trust trading as Cahoots (A.B.N. 12 652 928 696).
BY INSTALLING OR USING THE CAHOOTS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST NOT INSTALL THE SOFTWARE, OR, IF INSTALLED, MUST DESTROY THE SOFTWARE AND ANY RELATED ASSOCIATED DOCUMENTATION.
1. SINGLE-USER LICENCE
1.1 Cahoots grants to you a non-exclusive, non-transferable Licence to use Cahoots photobook and other digitally press printed product software (the Software).
1.2 This Licence is effective until terminated. This Licence will automatically terminate if you fail to comply with any terms or conditions of this Licence. You may terminate this Licence by destroying the Software and any associated documentation. If this Licence is terminated you must destroy the Software and any related documentation. Termination of this Licence will not affect any rights or remedies which Cahoots may otherwise have under this Licence or at law.
2. INTELLECTUAL PROPERTY
2.1 All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) and all related explanatory written materials are owned by Cahoots or its suppliers and are protected by Australian laws and international treaty provisions. You must treat the Software and related documentation like any other copyrighted material.
2.2 You must not modify, adapt, translate, reverse engineer, decompile, disassemble or make any attempt to discover the source code of the Software. You must not sub-licence, rent or lease the Software or remove any proprietary notices or labels in or from the Software.
2.3 You agree that this Licence is for your personal non-commercial use (unless you are a Cahoots Territory Licensee or Cahoots Network Licensee).
2.4 You may not transfer your rights to use the Software to another person or legal entity.
3. INFRINGEMENT OF COPYRIGHT AND OTHER RIGHTS
3.1 If you do not have the right to reproduce or communicate any data using the Software, you must not do so. In this context, data includes, but is not limited to, any images or photographs.
3.2 You agree that it is your sole responsibility to obtain all the necessary permission and authorisation to transmit or communicate any data using the Software. For example, where copyright in that data belongs to third parties it is your sole responsibility to secure the appropriate legal consent to reproduce or communicate that data.
3.3 We will not accept liability for any breaches by you of the copyright of any other party. You indemnify us for all costs and damages that we may suffer or incur arising from any allegation that we are liable for any infringement of copyright arising from your use of the Software.
3.4 You are solely responsible to comply with all relevant copyright and data-protection laws that apply to you and your conduct.
4. LIMITED WARRANTY
4.1 Cahoots does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software.
4.2 If you are a consumer as defined by any relevant law such as the Trade Practices Act or similar state laws, then certain terms, conditions and rights will be implied into this Licence for your benefit and those terms, conditions and rights (and any liability of Cahoots flowing from them) cannot be excluded restricted or modified by any provisions of this Licence.
4.3 However, to the full extent possible (and except where inconsistent with the above) all other terms, conditions and rights that might be implied by common law or statute are excluded.
4.4 Where any terms or conditions (such as those implied by the Trade Practices Act and similar laws) cannot be excluded, restricted or modified, and where the Software supplied under this Licence is not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Cahoots is (if and where permitted by law, and except where you establish that reliance on this clause would not be fair and reasonable) limited to supplying the Software again (so as to comply with the term or condition), and Cahoots is not liable for any consequential loss and damage that may be suffered by you.
5. LIMITATION OF LIABILITY
5.1 Except as provided for above, in no event will Cahoots be liable to you or any third party for any special, consequential, incidental or indirect damages of any kind arising out of the use of the Software, even if advised of the possibility of those damages.
5.2 Cahoots does not warrant or represent the accuracy, reliability or correctness of any information contained in or derived from the Software and will not be liable for any damage resulting from any reliance on the Software.
6.1 Failure or neglect of Cahoots to enforce at any time any of the provisions of this Licence will not be construed or taken to be a waiver of Cahoots’ rights under this Licence.
6.2 No change or modification of this Licence will be valid unless in writing and signed by Cahoots. If any provision is held to be invalid or unenforceable, the remainder of this Licence will continue in full force and effect.
6.3 This Licence is governed by the law of Western Australia, and the parties submit to its non-exclusive jurisdiction. This Licence is the entire Licence between us and supersedes any other communications or advertising with respect to the Software.