INVOICEONLINE.COM.AU TERMS AND CONDITIONS
The software program(s) listed above along with the related documentation ("Software") are licensed, not sold, to the Licensee listed above by InvoiceOnline.com.au. and/or
Due South Development. (collectively referred to as "INVOICEONLINE.COM.AU") for use only under the terms and conditions of this license ("License"). By installing,
copying, downloading, accessing or otherwise using the Software, Licensee agrees to be bound by the terms of this License. If Licensee does not agree to the terms of this License,
Licensee must not install, copy, download, access or use the Software, and Licensee must promptly return the Software and this Proof of License to the place where Licensee obtained
it for a full refund. If Maintenance for the Software is listed above, then the INVOICEONLINE.COM.AU Maintenance Terms will apply. Please keep this Proof of License in a safe place,
as it is Licensee's proof of license to copy and use the Software, and it may be required for upgrade or support services.
License. General License. Upon payment of all applicable fees and subject to the terms of this License, INVOICEONLINE.COM.AU grants to Licensee a non-exclusive, annual (unless terminated),
non-transferable subscription.
End User License Agreement. The terms and conditions stated in the end user license agreement ("EULA") provided with the Software will govern the use of each respective copy,
or subscription to, of the Software used under this License, except that the EULA does not constitute the granting of any additional license to the Software.
Restrictions. In addition to the restrictions stated in the respective EULA, the following restrictions apply.
LICENSEE MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. LICENSEE MAY NOT MODIFY, ADAPT, TRANSLATE,
RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
Restricted Uses. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT
MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LICENSEE MAY NOT USE THE SOFTWARE
FOR ILLEGAL OR FRAUDULENT ACTIVITIES AND INVOICEONLINE.COM.AU RESERVES THE RIGHT TO CANCEL LICENSEE'S SUBSCRIPTION IF ILLEGAL OR FRAUDULENT ACTIVITIES ARE FOUND TO HAVE OCCURRED.
Transfer Restriction. LICENSEE MAY NOT TRANSFER OR ASSIGN ITS RIGHTS UNDER THIS LICENSE TO ANOTHER PARTY WITHOUT INVOICEONLINE.COM.AU'S PRIOR WRITTEN CONSENT.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVidED BY INVOICEONLINE.COM.AU AND INVOICEONLINE.COM.AU AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER
TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY
QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S
ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. INVOICEONLINE.COM.AU DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INVOICEONLINE.COM.AU OR AN INVOICEONLINE.COM.AU AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY
NOT APPLY TO LICENSEE. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE
OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY INVOICEONLINE.COM.AU'S NEGLIGENCE.
General Terms. If there is a local subsidiary of INVOICEONLINE.COM.AU in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern
this License. Otherwise, this License shall be governed by the laws of Victoria (Australia). The parties agree that the United Nations Convention on Contracts for the International
Sale of Goods (1980), as amended, is specifically excluded from application to this License. This License constitutes the entire agreement between the parties with respect to the Software
licensed under these terms, and it supersedes all prior or contemporaneous agreement, arrangement and understanding regarding such subject matter. Licensee acknowledges and agrees
that it has not relied on any representations made by INVOICEONLINE.COM.AU , however, nothing in this License shall limit or exclude liability for any representation made fraudulently.
No amendment to or modification of this License will be binding unless in writing and signed by INVOICEONLINE.COM.AU . If any provision of this License shall be held by a court of
competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force
and effect. No failure or delay by INVOICEONLINE.COM.AU in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial
exercise of any right or remedy of INVOICEONLINE.COM.AU shall operate as a waiver or preclude any other or further exercise of that or any other right or remedy.
Limited Warranty. INVOICEONLINE.COM.AU warrants for a period of ninety (90) days from the date of purchase of this License that the Software as provided by INVOICEONLINE.COM.AU will
perform substantially in accordance with the accompanying documentation. INVOICEONLINE.COM.AU's entire liability and Licensee's sole and exclusive remedy for any breach of
the foregoing limited warranty will be, at INVOICEONLINE.COM.AU's option, replacement of the Software, refund of the purchase price or repair or replacement of the Software which
is returned to INVOICEONLINE.COM.AU or an INVOICEONLINE.COM.AU authorized representative with a copy of the receipt.
Loss and Damages. INVOICEONLINE.COM.AU shall not be responsible and or liable to the licensee for any direct and/or any consequential damages or loss of whatsoever nature, including
any loss or damage whatsoever that may be suffered by licensee as a result of using or promoting the use of INVOICEONLINE.COM.AU products and/or services and/or as a result of any
changes INVOICEONLINE.COM.AU may make to INVOICEONLINE.COM.AU'S product and/or services. In any event, if for any reason whatsoever INVOICEONLINE.COM.AU are held to be liable for
any costs, expenses and/or damages suffered by the licensee INVOICEONLINE.COM.AU'S maximum liability shall be restricted to repayment of relevant amounts paid by licensee to INVOICEONLINE.COM.AU
for such Product and/or Services. This includes loss of data resulting from delays, non-delivery, wrong delivery, and any and all service interruptions caused by INVOICEONLINE.COM.AU
and its employees.
Ownership. Licensee owns the media on which the Software is recorded or fixed, but Licensee acknowledges that INVOICEONLINE.COM.AU and its licensors retain ownership of the Software
itself. INVOICEONLINE.COM.AU reserves any rights not expressly granted to Licensee. The rights granted are limited to INVOICEONLINE.COM.AU's and its licensors' intellectual
property rights in the Software and do not include any other patents or intellectual property rights.
Variation. INVOICEONLINE.COM.AU reserve the right to vary and/or otherwise amend these Terms & Conditions at any time. The Licensee agrees to be bound by such variations. - INVOICEONLINE.COM.AU
reserve the right, at our sole & absolute discretion and without notice to the licensee, to change and/or discontinue and/or otherwise alter the Software in whole or in part, and
agree to any and all such changes/ discontinuation etc.
Jurisdiction. The Licensee agrees to the Courts of the State of Victoria in Australia having jurisdiction in regard to any matter connected to or arising out of this Agreement and
the Licensee shall not object to the Forum on the basis of inconvenience or any other reason whatsoever. Before any legal action is commenced, all parties agree to submit to Mediation
in Melbourne Australia, before any Accredited Mediation Specialist accredited by the Law Institute of Victoria, Australia. All parties shall act in good faith in order to resolve any
disputes in the Mediation.
Payments. Accounts are in default if payment is not received within 14 days after date of invoice. If a licensee's cheque is returned by the bank as unredeemable, the licensee
will be deemed to be in default, and will be liable for a "returned cheque" charge of $55.
Support. Licensee agrees to take all steps reasonable, necessary, and prudent to protect licensee's login id and password. Licensee agrees not to attempt to undermine or cause
harm to any server or customer of INVOICEONLINE.COM.AU. Licensee acknowledges that INVOICEONLINE.COM.AU cannot provide technical support for any software and/or script that the Licensee
installs, other than data held on InvoiceOnline.com.au servers.