Tick Boxer P/L
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWLOADING ANY TICK BOXER TOOLS OR TEMPLATES. UPON DOWNLOADING AND USING ANY OF TICK BOXER’S TEMPLATES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE TEMPLATES.
The templates or tools refer to the intellectual property rights provided by Tick Boxer to the end user in the form of either a PDF file, word file, excel file or power-point file. The templates or tools downloaded may be updated and adapted to the business by the end user as needed however all templates are not purchased outright by the end user and are licensed to the end user for use only under the terms of this License, and Tick Boxer reserves all rights not expressly granted to you. The rights granted herein are limited to Tick Boxer’s intellectual property rights in the templates and do not include any other patents or intellectual property rights. It is the end users responsibility to ensure they have the correct software to open and edit the files as required for use within the business.
The end user is allowed to remove the Tick Boxer branding and graphics from the templates downloaded and replace with their own company graphics for the sole purpose of using that template to operate within that specific business. There is nothing in this agreement that transfers any ownership of Tick Boxer’s intellectual property rights over to the end users business, nor can the end user on-sell these templates to a third party as a product or service. The templates are only to be used to assist in the operational functioning of the end users business that originally purchased the template or tool.
2. Permitted License Uses and Restrictions
(a) This License allows you to use the Tick Boxer templates within the business that paid for and acquired the templates. This License does not allow the end user to copy, reproduce or provide the templates or tools to any 3rd party individual or business. The end user may not make the templates available over a network where it could be used by multiple businesses or multiple computers at the same time. This License does not grant you rights to use Tick Boxers intellectual property as a product or part of a product or service that you supply or on-sell to the commercial market.
(b) This License does not allow the templates to be activated or provided to more than one business or company name and you may not make the Tick Boxer templates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make copies of the template to store on your business computers to be used by those business employees only.
(c) Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the templates or any part thereof. Any attempt to do so is a violation of the rights of Tick Boxer. If you breach this restriction, you may be subject to prosecution and damages. .
You may not rent, lease, lend, redistribute or sublicense the Tick Boxer templates and tools. You may, however, adapt the templates to your business to make them more functional and support the business offering and services. If you are privy to the online copies of the template, you may not take those templates with you when you exit a business and re-introduce to another business. By agreeing to this end user license agreement and downloading the templates required, you agree to accept the terms and conditions of this License.
4. Return Policy
Since our company is offering intangible irrevocable goods we DO NOT issue refunds after the templates have been downloaded and delivered to the end user, who is responsible for understanding upon purchasing from our site.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Tick Boxer if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the templates and remove them from your computer hard drives and any other storage location.
6. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TEMPLATES AND TOOLS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FOR THE PURPOSES OF SECTIONS 5 TICK BOXER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE TEMPLATES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF BUSINESS USE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TICK BOXER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR TEMPLATES, THAT THE FUNCTIONS CONTAINED IN THE BUSINESS TEMPLATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TEMPLATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TEMPLATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICK BOXER SHALL CREATE A WARRANTY. SHOULD THE TEMPLATES BE CORRUPTED BY YOUR COMPUTER SYSTEMS OR SOFTWARE, YOU ASSUME THE ENTIRE COST OF ALL NEW DOWNLOADS, REPAIR OR CORRECTION.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TICK BOXER BE LIABLE FOR BUSINESS OR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TEMPLATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TICK BOXER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Tick Boxer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The end user agrees to indemnify Tick Boxer against any claims (including third party claims) or losses to Tick Boxer caused by unlawful actions of the end user.
8. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the templates licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Tick Boxer. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
The following clauses, 2c, 3 and 7, all survive the termination of this agreement.
The laws of the State of New South Wales, Australia, govern this agreement and license.