END USER LICENSE AGREEMENT FOR MySF SOFTWARE.
IMPORTANT-READ CAREFULLY:
This MySF End-User License Agreement("EULA") is a legal agreement between you (either
an individual person or a single legal entity, who will be referred to in this EULA
as"You") and MySF Pty. Ltd. Incorporated in the State of Victoria (MySF) for the
MySF software product (Software Product) that accompanies this EULA, including any
associated media, printed materials and electronic documentation (the "Software
Product"). The Software Product also includes any software updates, add-on components,
web services and/or supplements that MySF may provide to You or make available to
You after the date You obtain Your initial copy of the Software Product to the extent
that such items are not accompanied by aseparate license agreement or terms of use.
By installing, copying,downloading, accessing or otherwise using the Software Product,
You agree to be bound by the terms of this EULA. If You do not agree to the terms
of this EULA, do not install, access or use the Software Product; instead, You should
return it to MySF for a refund.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The
Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights
to install and use the Software Product The license rights described inthis Section
are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product. You may install
and use one copy of the Software Product on a single computer, device, workstation,
terminal, or other digital electronic or analog device ("Device").You may make a
second copy of the Software Product and install it on a portable Device for the
exclusive use of the person who is the primary user of the first copy of the Software
Product. A license for the Software Product may not be shared.
Alternative License Grant forStorage/Network Use. As an alternative to the
rights granted in the previous section, You may install acopy of the Software Product
on one storage Device, such as a network server, and allow individuals within Your
business to access and use the Software Product from other Devices over a private
network, provided that You acquire a rental license based on the number of separate
Self Managed Super Funds administered using the MySF software.
o You must indemnify, hold harmless, and defend MySF from and against any claims
or lawsuits, including attorneys' fees ,that arise from or result from the use or
distribution of MySF Software.
Reservation of Rights. All rights not expressly granted are reserved by MySF.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Mandatory Activation. You will not
be able to exercise Your rights to the
Software Product under this EULA after a finite number of product launches unless
You activate Your copy of the Software Product in the manner described during the
launch sequence.
Copy Protection. The Software Product may include copy protection technology
to prevent the unauthorized copying of the Software Product or may require original
media for use of the Software Product on the Device. It is illegal to make unauthorized
copies of the Software Product or to circumvent any copy protection technology included
in the Software Product.
Not for Resale Software, Your use of the MySF Software Product is limited
to use of the product in the standard manner and You may not resell, or otherwise
transfer for value, the Software Product.
Limitations on Reverse Engineering,Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the Software Product.
Separation of Component Parts. The Software Product is licensed as a single
product. Its component parts may not be separated for use on more than one Device
unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any
trademarks or service marks of MySF.
No rental, leasing or commercial hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the Software Product.
The exception to this is accredited Financial Advisors or CPA members who enter
into an agreement with MySF to provide services to their clients and are licensed
to provide hosting services on the basis of the number of Funds administered through
the MySF Software.
Software Transfer. Ownership of MySF software may not be transferred without
the approval of MySF. Request to transfer ownership should be made in writing
to MySF.
Termination. Without prejudice to any other rights, MySF may terminate this
EULA if You fail to comply with the terms and conditions of this EULA. In such event,
You must destroy all copies of the Software Product and all of its component parts.
3. UPGRADES.
Standard Software Product. If the Software Product is labeled as an upgrade,
You must be properly licensed to use a product identified by MySF as being eligible
for the upgrade in order to use the Software Product. A Software Product labeled
as an upgrade replaces or supplements (and may disable) the product that formed
the basis for Your eligibility for the upgrade. You may use the resulting upgraded
product only in accordance with the terms of this EULA. If the Software Product
is an upgrade of a component of a package of software programs that You licensed
as a single product, the Software Product may be used and transferred only as part
of that single product package and may not be separated for use on more than one
Device.
4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights
in and to the Software Product (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the MySF
Software Product), the accompanying printed materials, and any copies of the Software
Product are owned by MySF. All title and intellectual property rights in and to
the content that is not contained in the Software Product, but may be accessed through
use of the Software Product, is the property of the respective content owners and
may be protected byapplicable copyright or other intellectual property laws and
treaties. This EULA grants You no rights to use such content. If this Software Product
contains documentation that is provided only in electronic form, you may print one
copy of such electronic documentation. You may not copy the printed materials accompanying
the Software Product.
5. BACKUP COPY. After installation of one copy of the Software Product pursuant
to this EULA, you may keep the original media on which the Software Product was
provided by MySF solely for backup or archival purposes. If the original media is
required to use the Software Product on the Device, you may make one copy of the
Software Product solely for backup or archival purposes. Except as expressly provided
in this EULA, you may not otherwise make copies of the Software Product or the printed
materials accompanying the Software Product.
6. APPLICABLE LAW.
MySF and this EULA is governed by the laws of the State of Victoria.
Should you have any questions regarding this EULA, or if you desire to contact
MySF for any reason, please contact MySF through email at info@mysf.com.au or via
the Contact Us section of the MySF Web site which is located at www.mysf.com.au
7. LIMITED WARRANTY
You acknowledge that the maximum remedy or consequential or other damages is limited
to the price paid by you for the software. You acknowledge that you will not
hold MySF liable for any damages or costs arising from deficiencies or omissions
in the software. MySF will use all reasonable efforts to ensure that the software
is fit for purpose but provides no guarantee that the software will meet all the
requirements of the SIS legislation or Australian Tax Act or any other act of parliament
in any state of Australia or of the Commonwealth of Australia.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIALAND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYSF OR ITS
SUPPLIERS OR PARTNERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOODFAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF MYSF OR ANY SUPPLIER, AND EVEN IF MYSF OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT
YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MYSF
AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY
FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED
BY MYSF WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR AUD $10.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the Software Product) is the entire agreement between
you and MySF relating to the Software Product and the support services (if any)
and they supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to the MySF Software Product or any other
subject matter covered by this EULA. To the extent theterms of any MySF policies
or programs for support services conflict with the terms of this EULA, the terms
of this EULA shall control.
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