In this End User License Agreement “Craft Maker Pro” or “We” means JAG Group Pty Ltd (ACN 099 036 834).
This End User License Agreement is a legal agreement between You and JAG Group Pty Ltd. Permission to use the Craft Maker Pro Software is conditional upon you agreeing to the terms set out below. By clicking on the accept button You will be deemed to have accepted this Agreement. By purchasing, downloading, installing, using or otherwise accessing Craft Maker Pro. You are also agreeing to be bound by this Agreement. If You do not agree to all of the terms and conditions of this Agreement then You are not permitted to purchase, download, install or use Craft Maker Pro.
• Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
• IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
• Craft Maker Pro Materials: any and all trademarks, names, signs, logos, banners, and any other materials in whatever form owned and/or used by Craft Maker Pro for the promotion of its company, its products and activities.
• You: You, the end user of the Craft Maker Pro, either as an individual or an entity, also used in the form “Your” where applicable.
2. License and Restrictions
2.1 License: Subject to the terms and conditions of this Agreement, JAG Group Pty Ltd hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, license to download, install and use Craft Maker Pro on two computers only. Craft Maker Pro may be used for commercial purposes. JAG Group Pty Ltd may offer a free of charge license to download a particular product for Craft Maker Pro either for a limited or unlimited time, or may charge a license fee.
2.2 License Limited to two computers: You will not have Craft Maker Pro installed, accessed, displayed, run, shared or used concurrently on or from more than two different computers, including a workstation, terminal or other device.
2.3 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to Craft Maker Pro Software either in part or its entirety.
2.4 No Modifications: You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of Craft Maker Pro Software or any part of the Craft Maker Pro Software except to the extent permitted by law.
2.5 Exclusive Ownership: Any and all IP Rights in the Craft Maker Pro Software, the http://www.CraftMakerPro.com website and any Craft Maker Pro Promotional Materials are and shall remain the exclusive property of JAG Group Pty Ltd and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardise, limit or interfere with JAG Group Pty Ltd IP Rights. Any unauthorised use of Craft Maker Pro IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Craft Maker Pro’s rights and ownership, irrespective of how such Notices are included or displayed.
3 What You should and should not expect from Craft Maker Pro
3.1 New Versions of Craft Maker Pro: JAG Group Pty Ltd, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to Craft Maker Pro (collectively known as “updates”). All provisions in this Agreement apply to all such updates unless new or additional terms and conditions are expressly provided with an update.
4 What we expect from You
4.1 Payment: You will pay all fees or charges to you. If you are purchasing software by JAG Group Pty Ltd on a subscription or installment payment model, you may be required to provide JAG Group Pty Ltd with a valid credit card as a condition to signing up for an account. You are responsible for paying any taxes that may apply and will ensure that the nominated credit card account is valid and has available credit to enable scheduled payments to be withdrawn by JAG Group Pty Ltd. If you do not pay on time or if JAG Group Pty Ltd cannot charge your credit card for any reason, JAG Group Pty Ltd reserves the right to either suspend or terminate your access to the Craft Maker Pro and/or the services and account and terminate this Agreement. If you have a balance due on any account, you agree that JAG Group Pty Ltd may charge such unpaid fees to your credit card.
4.3 Indemnification: You agree to indemnify, defend and hold Craft Maker Pro and its affiliates harmless from and against any and all liability and costs, including reasonable legal fees incurred by such parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced in this Agreement, or (b) violation of any rights of any third party, or (c) use or misuse of the Craft Maker Pro Software.
5 Termination and Updates
5.1 Termination: Without prejudice to any other rights, JAG Group Pty Ltd or You may terminate this Agreement at any time. Upon termination, (a) all licenses and rights to the Craft Maker Pro Software shall immediately terminate; (b) You will immediately cease any and all use of the Craft Maker Pro Software and services; and (c) You will immediately remove the Craft Maker Pro Software from all hard drives, networks and other storage media and destroy all copies of the Craft Maker Pro Software in Your possession or under Your control.
5.2 New Versions: JAG Group reserves the right to change this Agreement at any time by publishing the revised Agreement on the www.CraftMakerPro.com Website. The revised Agreement shall become effective within thirty days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Craft Maker Pro Software after expiry of the thirty date notice period shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.CraftMakerPro.com/end-user-license-agreement
6 Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties: The Craft Maker Pro Software is provided “as is” with no warranties whatsoever. JAG Group Pty Ltd does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Craft Maker Pro Software, including without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. In addition, Craft Maker Pro does not represent or warrant that the Craft Maker Pro Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free nor does Craft Maker Pro warrant any connection to or transmission from the internet.
6.2 Your own Risk: You acknowledge and agree that the entire risk arising of Your use of the Craft Maker Pro Software remains with You, to the maximum extent permitted by law.
6.3 Limitation of Liability: In no event shall Craft Maker Pro, its affiliates, its licensors or its staff, directors or shareholders be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for:
6.3.1 Any direct, indirect, incidental, special or consequential damages (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Craft Maker Pro Software;
6.3.2 Any loss of income, business or profits (whether direct or indirect) arising out of the use or inability to use the Craft Maker Pro Software;
6.3.3 Any loss or damage which may be incurred by you as a result of:
• any claims brought by third parties arising out of Your obtaining or using the Craft Maker Pro Software;
• any claims brought by third parties arising out of Your using information obtained from the Craft Maker Pro Software;
• the suspension or termination of this Agreement by You or JAG Group Pty Ltd for any reason; or
• the release or the decision not to release new versions of the Craft Maker Pro Software to You
• irrespective of whether or not Craft Maker Pro, its affiliates, its licensors, its staff, directors or shareholders have been advised of the possibility of such losses or damages arising.
6.4 Nothing in this Agreement is intended to exclude or restrict the liability of Craft Maker Pro for (i) the death or personal injury caused by the negligence of JAG Group Pty Ltd, its staff or agents, or (ii) any liability which cannot be limited or excluded by law.
6.5 Jurisdiction’s Limitations: As some jurisdictions do not allow certain exclusions or limitations by statutory instrument, the liability will be limited to the extent possible within the applicable legislation. To the fullest extent permitted by law, JAG Group Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded or limited is limited to the amount paid by you to JAG Group Pty Ltd for the Craft Maker Pro Software out of which liability arose.
7.1 Entire Agreement: This Agreement constitutes the entire agreement between You and JAG Group Pty Ltd with respect to the subject matter and will supersede and replace all prior understandings and agreements, in whatever form, relating to the subject matter.
7.2 Partial invalidity: If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms in this Agreement which will continue in full force and effect.
7.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided to JAG Group Pty Ltd by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If JAG Group Pty Ltd waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
7.4 Applicable Law and Competent Court: This Agreement shall be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia and shall be subject to the jurisdiction of the courts of New South Wales, Australia.
7.5 Survival: The terms of sections 2.5, 5 and 6 of this Agreement shall survive termination of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL CRAFT MAKER PRO, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO JAG GROUP PTY LTD ALL RIGHTS CONTAINED WITHIN THIS AGREEMENT.