ESPRESSO DISPLAYS – SOFTWARE
End User Licence Agreement
- This licence sets out the terms upon which you may download and use certain software offered by Espresso Displays Pty Ltd (ACN 629 290 848) (Espresso, we) which is intended to improve the functionality of the Espresso display and the user experience.
- By downloading the Espresso supplied software (hereinafter referred to as Software), you (the Licensee, as the user of the Software) must agree with the terms of this End User Licence Agreement (Agreement). If you do not agree with the terms of this Agreement, do not download, install, copy or use the Software. By downloading, installing, copying or using the Software, you agree to be bound by this Agreement.
- The Software functions so as to enable you to access additional features such as automatic rotation of the display, arrangement of the displays, access to support etc. With effect from the date you download the Software, Espresso grants to you a non-exclusive, ongoing, non-transferable license (not a sale) to download, install and use the Software on any computer for the purpose of enabling those additional features in conjunction with the Espresso display. You agree not to use the Software for any purpose other than the exercise of the rights and licences hereby granted to you and only to use the Software in conjunction with the Espresso display. Any use of the Software which is not expressly permitted by this Agreement is a breach of the Agreement.
- We reserve the right to update the Software and this Agreement from time to time, at our discretion and without notice to you. Nevertheless, this document is public on December 12th 2021, and you will be able to track the changes for any new version. Your continued use of the Software following the publishing of an updated End User License Agreement means that you accept and agree to the changes.
Ownership of Intellectual Property Rights
- As between you and Espresso, Espresso owns all the Intellectual Property Rights in the Software whether in its original form or as modified during the term of this Agreement.
- The Software is protected by national copyright laws, international treaty provisions and all other applicable national laws. The Software may be installed on one computer and a single copy may be made for backup or archival purposes only. A copy which is made for archival or backup purposes must still retain all labels, README files, trademark and copyright notices that appear on the original copy.
Modifications and Reverse Engineering:
- You must not modify the whole or any part of the Software or combine or incorporate the whole or any part of the Software in any other program or system.
You must not:
- copy (other than for the purpose of legitimate backup or archival purposes), distribute, transfer, rent, lease, lend, sell or sublicense all or any portion of the Software;
- modify or prepare derivative works of the Software;
- use the Software in connection with computer-based services business;
- reverse engineer, reverse assemble, reverse compile, decompile, decrypt or disassemble the Software or any part of the Software; or
- otherwise reduce the Software or any part of the Software to human readable form.
- You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure, redistribution or use.
Term and Termination
This Agreement and the rights and licences hereby granted shall continue in force in perpetuity unless terminated by Espresso or you in accordance with these terms. We reserve the right to terminate this agreement:
- For convenience, at any time, upon providing you with 30 days written notice; and
- Immediately, if we reasonably believe you have breached the terms of this Agreement and that breach is not capable of remedy or if we provide you with a notice of breach and you fail to remedy the breach within 30 days
- You may terminate this Agreement by providing 30 days prior written notice to Espresso.
- Upon termination, for any reason, you shall promptly, on Espresso’s request, return to Espresso or at the election of Espresso deinstall and destroy all copies of the Software, and any documents and extracts comprising or containing the Software. Termination shall be without prejudice to the accrued rights of either party, including payments due to Espresso. This provision shall survive termination of this Agreement howsoever arising.
- This Agreement and the rights and licences hereby granted shall continue in force in perpetuity unless terminated by Espresso or you in accordance with these terms. We reserve the right to terminate this agreement:
- Espresso does not warrant the Software will be error free, will operate without interruption or will work in all combinations selected by you. The Software is provided “AS IS” and (subject to any applicable warranties which are non-excludable by statute) without warranty as to the performance or results you may obtain by using the Software. The entire risk as to the results and performance of the Software is assumed by you.
- With the exception of your non-excludable statutory rights, Espresso excludes any term, condition or warranty which would otherwise be implied in this Agreement. Espresso is not liable for any loss or damage, direct or consequential, resulting from your use of the Software. Where Espresso’s liability cannot be excluded due to the application of law or statute, such liability will be limited at Espresso’s option, in any one or more of the ways permitted under such law or statute. The total aggregate liability of Espresso arising out of, or in connection with this Agreement will be limited to a maximum of the original purchase price of the Software.
- You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of this Agreement and any third-party’s rights.
- With respect to any personal information which is collected by you in the course of using the Software, you will be solely responsible to comply with all applicable privacy laws and regulations.
- Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- This Agreement constitutes the entire agreement between you and Espresso and governs your use of the Software, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
- Subject to anything to the contrary in this Agreement, the obligations in this Agreement survive the termination or purported termination of this agreement.
- This Agreement and any dispute or claim arising out of, or related to it, will be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Software will be instituted exclusively in the courts located in the state of New South Wales, Australia.