Sump / High Capacity Overflow Device (HCO)
End User License Agreement (EULA)
This End User License Agreement (this "Agreement") is entered into between Dam Buster Pty Ltd, Dam Buster IP Pty Ltd (collectively "Dam Buster") and the end user ("User").
All users are subject to this EULA.
1. DEFINITIONS
1.1 Software: Refers to the software provided by Dam Buster, including any updates or supplements as may be issued from time to time.
1.2 Geographical Limits: The use of this software is permitted only in Australia and New Zealand.
1.3 User: Refers to the individual or entity that has requested a license to use the Software by agreeing to this EULA.
2. LICENSE GRANT
2.1 Scope of License: Dam Buster grants the User (who must also be located in either Australia or New Zealand) a free, non-exclusive, non-transferable license to use the Software for its intended purpose in accordance with the terms of this Agreement.
2.2 Restrictions A: The User shall not sub license, sell, lease, rent, or otherwise transfer the Software to any third party. The User shall not modify, reverse engineer, decompile, or disassemble the Software.
2.3 Restrictions B: The output from this Software is designed entirely for the sole purpose of determining correct selection of an appropriate proprietary Dam Buster product as allowed for in the Software. It does not have any other purpose.
2.4 Restrictions C: For the purposes of product manufacture, the results generated by this Software must only be provided to a licenced fabricator or authorised re-seller of Dam Buster products, who is listed on the Dam Buster website "Where to Buy" page at www.dambuster.com.au/where-to-buy. The results must not be provided to any other fabricator or potential fabricator.
2.5 Restrictions D: The proprietary Dam Buster product once selected and confirmed as appropriate by the User, must only be installed by appropriately licenced and trained persons in accordance with the current legal version of AS/NZS3500.3, the current legal version of SA HB39 (where applicable in the relevant State or Territory) and all applicable installation instructions contained on the Dam Buster website www.dambuster.com.au including but not limited to the Dam Buster Installation Manual.
3. INTELLECTUAL PROPERTY
3.1 Ownership: Dam Buster retains all right, title, and interest in and to the Software, including all intellectual property rights.
3.2 Copyright: This Software is protected by copyright laws and international copyright treaties.
4. WARRANTY DISCLAIMER
4.1 As-Is: The Software is provided "as is," without warranty of any kind, either expressed or implied. It is the users entire responsibility to use the program only for its intended purpose, and to also enter the correct data in the correct fields.
4.2 Only appropriately qualified professionals should use this Software, and Dam Buster reasonably assumes the user has the necessary qualifications, skills and experience to use the Software in an appropriate manner.
4.3 Whilst all care is taken with the Software, errors in calculations can occur due to User input issues and other factors including the use of incorrect base information such as but not restricted to improperly calculated flow rates and physical dimensions. Dam Buster therefore requires that the User should independently cross check all base input information along with all of the results of using the Software by performing an appropriate cross check against the graphs, formulas and methods in AS/NZS 3500.3. In the event of any apparent discrepancies, it is the entire responsibility of the User to independently resolve any such matters.
4.4 Limitation of Liability: Dam Buster shall not be liable for any direct, indirect, incidental, special, or consequential damages whatsoever and of any kind arising out of the use or inability to use, or correctly use, the Software, nor for any errors which may possibly exist in the Software.
5. TERMINATION
5.1 Termination: This Agreement is effective until terminated. Dam Buster may terminate the license at any time for breach of this Agreement.
6. GOVERNING LAW
6.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
7. MISCELLANEOUS
7.1 Entire Agreement: This Agreement constitutes the entire agreement between Dam Buster and the User.
7.2 Amendments: Dam Buster may amend this Agreement at any time by providing notice on its website.
By using the Software, the User agrees to be bound by the terms of this Agreement.
