End User License Agreement (EULA)
Updated on January 8th, 2023
SHEDMATE PTY LTD END-USER LICENSE AGREEMENT (EULA)
CAUTIONS - READ THIS CAREFULLY - DO NOT PROCEED TO USE THIS PROGRAM IF YOU DO NOT AGREE TO EACH AND EVERY PROVISION OF THIS LICENSE AGREEMENT. USERS ACKNOWLEDGE THAT THEY HAVE THE EXPRESS PERMISSION TO AGREE AND BIND THEMSELVES, THEIR COMPANY OR LEGAL ENTITY TO ALL TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT FULLY CONSENT TO THE TERMS AND CONDITIONS OF THIS LICENSE, THEN THE PROGRAM USAGE IS NO FURTHER AUTHORIZED OR PERMITTED BY SHEDMATE PTY LTD.
The term "You" refers to you personally, your company, the company or legal entity you work for or are affiliated with, whether as an independent contractor, employee, partner, shareholder, officer, director or computer consultant.
YOU MUST HAVE A CONNECTION TO THE INTERNET AND A CURRENT INTERNET BROWSER TO USE
THIS PRODUCT. SHEDMATE IS NOT AN INTERNET SERVICE PROVIDER AND DOES NOT OFFER YOU INTERNET CONNECTIVITY.
YOU EITHER PURCHASED A ONE-YEAR OR MONTH-TO-MONTH SUBSCRIPTION SERVICE OF SHEDMATE SOFTWARE. ONCE YOUR SUBSCRIPTION OR TRIAL PERIOD ENDS, YOU WILL NOT BE ABLE TO RUN THE PROGRAM UNLESS YOU RENEW OR PURCHASE.
The software is activated by a user license model that can be managed by admins directly from https://app.shedmate.com.au/company-admin/users-list/
This software product is licensed on a subscription basis, not sold. You may not copy, modify, alter, reverse engineer, disassemble, recompile or decompile Shedmate. Any attempt to do this will result in an immediate breach of the terms and conditions herein. You may not allow or permit any third party to modify, copy, reproduce, republish, upload, post, distribute in any way, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code for any material in this software.
The software contained is owned exclusively by Shedmate Pty Ltd and is protected by the Copyright Act 1968 (Cth) and is not meant for usage outside Australia. No license, express or implied, is granted for such usage. Shedmate software (including any images, “applets,” photographs, animations, video, audio, music and text incorporated into the software system) and any accompanying written materials (the “Documentation”) are owned by Shedmate Pty Ltd, are protected by Copyright Act 1968 (Cth) and international treaties, and contain confidential information and trade secrets. Any suggestions you may make regarding the software functions or capabilities become the property of Shedmate Pty Ltd, whether or not such suggestions are incorporated into the software, and you hereby assign to Shedmate Pty Ltd your intellectual property rights, if any, to all such suggestions. Shedmate Pty Ltd has the sole right to sell or transfer its copyright of this program at any time at its discretion.
In no event shall SHEDMATE or its officers, directors, EMPLOYEES, suppliers, distributors, programmers, developers or agents be liable for any SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT damages whatsoever, WHETHER for personal injury, PROPERTY DAMAGE, loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use this product, even if SHEDMATE has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; the above limitation may not apply to you. In any case, SHEDMATE and its suppliers’ entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the software SUBSCRIPTION. SHEDMATE does not warrant compatibility with any specific or generic computer. Any problems or defects should be reported to SHEDMATE’s email at firstname.lastname@example.org. No fee or remuneration shall be paid for the reporting of any errors in this program.
Shedmate is designed to provide accurate and authoritative information regarding the subject covered. Every reasonable effort has been made to ensure the accuracy of the information within the included data; however, the ultimate responsibility for accuracy lies with the user. SHEDMATE, its employees, agents and staff, make no representation, guarantee or warranty, expressed or implied, that this software and data are error-free or that the use of this software will prevent differences of opinion or disputes with any party, and will bear no responsibility for the results or consequences of its use.
In case disputes arise, resolution shall be achieved through the process of arbitration. Unless otherwise agreed, the arbitration shall be conducted in Mount Gambier, SA, in accordance with the then current Arbitration Rules of the Commercial Arbitration Act (“CAA”) . The arbitrators shall apply the law of the state of South Australia. The arbitration shall be held before a single arbitrator unless otherwise agreed by the parties. If an arbitration is commenced, the parties agree to permit discovery proceedings of the type provided by the South Australian Rules of Civil Procedure, both in advance of and during recesses of the arbitration hearings. It is specifically agreed that in the event of arbitration, the parties shall meet and endeavor to agree upon an individual to serve as arbitrator. If the parties are unable to agree upon an arbitrator, the Australian Institute for Commercial Arbitration shall be requested to supply the names of five (5) qualified and experienced arbitrators. The parties shall alternately strike the names of the proposed arbitrators until one remains. The person whose name remains shall be the arbitrator. If an arbitration award is made in favor of SHEDMATE, then you shall be liable for all costs, expenses and legal fees.
This License Agreement, the License granted hereunder, and SHEDMATE software may not be assigned or in any way transferred without the prior written consent of SHEDMATE. This Agreement and its performance and all claims arising from the relationship between the parties contemplated herein shall be governed by, construed and enforced in accordance with the laws of the State of South Australia without regard to conflict of laws principles thereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If YOU fail to comply with any term of this License, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
SHEDMATE reserves the right to change this licensing agreement at any time. The current version of this agreement shall be posted at all times at https://www.shedmate.com.au/agreements.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT BY LOGGING INTO AND/OR RUNNING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS, IF ANY, BETWEEN SHEDMATE AND YOU SIGNED BY BOTH SHEDMATE AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.