This End User License Agreement ("License") is a legal agreement between you (either as an individual, organisation, or a single entity) and Versoworks Pty Ltd ("Versoworks"). This License only applies to the executable code of the Tin software and any accompanying distributable files, data, materials, and services provided by Versoworks ("Tin").
You should carefully read the following terms and conditions before using, installing, copying, or distributing Tin. Unless otherwise agreed in a writing signed by an authorised representative of Versoworks, your use, installation, copying, or distribution of Tin indicates the acceptance of this License. You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to the purchase of this License or use of Tin and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by Versoworks. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute Tin.
The terms and conditions of this License describe the permitted use and user(s) of Tin for which you may have paid a License fee ("Licensed User").
Tin is Licensed, not sold. Subject to the terms and conditions of this License, Versoworks grants to you a limited, revocable, non-transferable, non-exclusive, royalty-free License to install and use Tin, solely for your personal or internal business purposes. You may not give, transfer or sell copies of Tin to your customer(s), or any third party, in whole or in part, nor include copies of Tin, in whole or in part, in, or with, products you sell, unless otherwise agreed in a writing signed by an authorised representative of Versoworks.
Versoworks may release upgrades, updates, enhancements, or supplements for Tin at any time, at its sole discretion. This License does not grant any rights to obtaining such upgrades, updates, enhancements, or supplements for Tin. If upgrades, updates, enhancements, or supplements for Tin are obtained, their use will be governed by this License and any amendments to it.
Versoworks may provide maintenance and/or support for Tin at its sole discretion, and is not obligated to provide such services to you. If any maintenance and/or support is provided, it may be terminated at any time without notice. You acknowledge that partners and affiliates of Versoworks have no obligation to provide any maintenance and/or support services for Tin.
You acknowledge Versoworks may collect and use technical data and related information, including but not limited to technical information about device, system, application software and peripherals, that is gathered periodically to facilitate the provision of Tin and any upgrades, updates, enhancements, supplements, support and other services related to Tin. Versoworks may also use such data and related information in a strictly non-user identifiable manner, to create and improve new or existing products and services.
Tin may be distributed from a marketplace such as the Google Play Store or Apple App Store, which may allow in-application purchases. Payment for such purchases will be processed directly by the marketplace provider or agent thereof. As such, the terms and conditions imposed by the marketplace provider will apply to such payments, including payment cancellations and refunds.
All rights of any kind in Tin which are not expressly granted in this License are entirely and exclusively reserved to and by Versoworks. Tin is protected by Australian copyright laws and other applicable national and international laws and treaties. All trademarks used in connection with Tin are owned by Versoworks and no License to use any such trademarks is provided to you. You may use, install, and distribute Tin solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Tin, in whole or in part, nor permit anyone else to do so. You may not make access to Tin available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Tin, and any and all accompanying software, files, data, materials, and services, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Versoworks nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Tin. Neither Versoworks nor any of its affiliates or licensors warrants that the operation of Tin will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including Tin, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Tin covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Versoworks, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Tin. Any liability of Versoworks, its affiliates or licensors will be limited exclusively to refund of any License or registration fee paid to Versoworks. Except to the extent expressly prohibited by applicable statutes, in no event shall Versoworks, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organisations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Tin, or to your relationship with Versoworks, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Versoworks authorise you or anyone else to use Tin in applications or systems where Tin's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Versoworks, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorised use.
Tin is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Tin and any related documentation with only those rights set forth in this License.
Tin, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in Tin, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or Licensed by Versoworks, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Versoworks and its licensors. You shall not sell, License, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorised by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Versoworks. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
This License shall be governed by the laws of the State of South Australia, Australia. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of South Australia, Australia, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by Versoworks herein.
Any waiver by Versoworks of any violation of this License by you shall not constitute, nor contribute to, a waiver by Versoworks of any other or future violation by you of the same provision, or any other provision, of this License.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.