Terms of Use

Dynamics Innovations Pty Ltd

Dynamics Innovations Pty Ltd license agreement terms and conditions

Status:This is an agreement between Dynamics Innovations PTY Ltd ("DIPL") and You (the “Agreement”). It applies to the DIPL add-in You download from a Microsoft application repository (“Software”). This Agreement also applies to any updates and supplements for the Software, unless other terms accompany those items. If so, those terms apply. This Agreement is a legally binding agreement with DIPL, and You represent and warrant that You are authorized to enter into this Agreement on behalf of the corporation, partnership or other legal entity (“You” or “Your”) You are employed by or otherwise represent.

Schedule:

  • BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE SOFTWARE.
  1. LICENSE
  2. SUPPORT. DIPL
  3. WARRANTIES
  4. LIMITATION OF LIABILITY
  5. TERMINATION

LICENSE

  • Subscription to other DIPL Applications. Your ability to download and use the Software is subject to, and conditional upon, You having separately purchased a subscription to another DIPL application (the “DIPL Application”), through a separate agreement with DIPL, or a DIPL affiliate (“Subscription Agreement”). The Parties confirm and acknowledge that this End User License Agreement shall not limit or amend any obligations, warranties or liabilities separately agreed by the Parties in their Subscription Agreement.
  • Scope of Use. The Software is licensed, not sold. Subject to Section 1.1, You will have the right to install the Software for use with the DIPL Application, to allow You perform development and testing of document templates.
  • Restrictions on Use of the Software. You may use the Software only as expressly permitted in this Agreement. In doing so, You must comply with any technical limitations in the Software that only allow you to use it in certain ways. You will not:
    • distribute, rent, sell, transfer, assign, loan or grant any rights in the Software or any portion thereof in any form to any other party;
    • use the Software in any manner that is not an internal use which expressly excludes any (i) use as an information technology resource for an unrelated third party, or (ii) illegal activity; or
    • disassemble, de-compile, reverse engineer, modify, make derivative works or otherwise change the Software, in whole or in part.

SUPPORT

SUPPORT. DIPL will provide maintenance and support for the Software in accordance with the Support package You have purchased for the applicable DIPL Application through Your Subscription Agreement. You will allow DIPL access to the Software subject to Your security requirements or other standard procedures, during normal working hours as per Australian Eastern Standard Time for inspection, modifications and maintenance.

WARRANTIES

WARRANTIES. THE SOFTWARE IS PROVIDED BY DIPL TO YOU ON AN “AS IS” BASIS. DIPL HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, LACK OF ERRORS AND NON-INFRINGEMENT RELATED TO THE SOFTWARE.

LIMITATION OF LIABILITY

  • CONSEQUENTIAL DAMAGES EXCLUDED. IN NO EVENT WILL DIPL BE LIABLE TO YOU WITH RESPECT TO THE PROVISION OR USE OF THE SOFTWARE OR PURSUANT TO THIS AGREEMENT UNDER ANY THEORY (INCLUDING CONTRACT AND TORT) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF BUSINESS, AND/OR HARDWARE MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • LIABILITY LIMIT. DIPL’ LIABILITY TO YOU WILL BE LIMITED TO THE FEES PAID BY YOU FOR THE SOFTWARE, OR $1,000, WHICHEVER IS HIGHER.

TERMINATION

  • We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.