The smart solutions suite (“Software”) is distributed by Smart Solutions Group Pty Ltd (ABN 49 085 786 303) ("SSG”).
The terms and conditions set out in this Agreement are applicable to all copies of the Software, whether installed, hosted by a third party, or in use or not. This Software License Agreement for the Software (the "Agreement") is a legally binding agreement between you ("You") and SSG. By installing, loading, accessing or running the Software or any part of the Software, or by placing or copying the Software or any part of the Software onto your computer hard drive or any other storage medium, You are agreeing to be bound by the terms of this Agreement.
"Authorised User" means any agent, employee, contractor or other person or persons authorised by You to access the Software;
"Clause" means a clause of this Agreement;
"data" means any electronic data of whatever form and being capable of transmission by telephone lines or satellite or through the Internet or any other medium of electronic communication;
"day" means any calendar day of twenty four (24) hours duration commencing immediately after midnight and ending at midnight that same day;
“Fees” means the fees set out in clause 7 of your Agreement.
"force majeure" means an act, omission or circumstance over which SSG could not reasonably have exercised control;
"Terms and Conditions" means the terms and conditions set out and contained in this Agreement;
“You” means the person who physically accepts these terms and/or the organisation which employs or has otherwise engaged that person, as the context requires, and in so far as it means both it means the person and the organisation jointly and severally;
“Your Client” means the third parties as described in clause 6 of this Agreement.
"Your Equipment" means all of the computer hardware and software You use, either directly or indirectly, in accessing, loading or running the Software.
Unless the context otherwise requires, words importing the singular include the plural and vice versa and words of one gender include all other genders.
SSG grants You the right to use the Software subject to payment of the Fees as and when they fall due. For the purposes of this clause, "use" means You or Your Clients loading the Software into random access memory on a computer, or interacting with the Software on an internet site. Either party may terminate this Agreement at any time by giving one months notice in writing to the other party.
The Software is protected by copyright, and SSG holds all necessary rights to deal with the copyright in the Software. This Agreement assigns no title or ownership in the Software or any other computer program and is not a transfer of any rights in the Software to You or any other party. You shall not, at any time, take any action in relation to the Software that is not expressly permitted by these Terms and Conditions. You may not charge or receive any consideration, whether directly or indirectly, from any other person for the receipt or use of the Software. You agree to ensure that any user of the Software licensed hereunder complies with this Agreement.