EULA

END USER LICENSE AGREEMENT

This End User Licence Agreement governs the use of all Maptaskr Products (‘Maptaskr Products’) published by Maptaskr Australia Pty Ltd (ACN 630 010 034) (‘Maptaskr’). All use of the Maptaskr Products is granted subject to the terms and conditions of this Agreement.

1.            Definitions and interpretation

(a)               Definitions

In this Agreement (including the recitals) unless the context otherwise requires:

(i)             Agreement means this agreement;

(ii)            Licence Agreement means the agreement between the Licensee and Maptaskr pursuant to which the Licensee has been granted a license of Maptaskr Products pursuant to which you have been granted access to the Maptaskr Products;

(iii)           Licensee means the licensee of the Maptaskr Products used by you; and

(iv)          Terms means the terms and conditions of this Agreement.

(b)               Interpretation

In this Agreement unless the context otherwise requires:

(i)             headings are for convenience only and do not affect its interpretation and construction;

(ii)            the singular includes the plural and vice versa;

(iii)           where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(iv)          a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(v)            "includes" is not a word of limitation;

(vi)          a reference to any thing is a reference to the whole and each part of it;

(vii)         a reference to a group of persons is a reference to all of them collectively and to each of them individually; and

(viii)       a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.

2.            Acceptance

(a)               This Agreement is between you and the Licensor, and governs the Maptaskr Products made available to you.

(b)               Upon:

(i)             selecting the 'Accept' option in relation to the acceptance of this Agreement; or

(ii)            upon using the Maptaskr Products (whichever comes first),

you agree to use the Maptaskr Products strictly in accordance with the Terms of this Agreement.

(c)                If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Maptaskr Products.

4.            Limitations

(a)               Limitations on transfer

You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Maptaskr Product.

(b)               Limitations on use

You may not:

(i)             share the contents of the Maptaskr Products, with others or allow others to use your logins, passwords or devices to access the Maptaskr Products; or

(ii)            permit the use, copying or installation of the Maptaskr Product by more than one user.

You must not:

(iv)          decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Maptaskr Product;

(v)            broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Maptaskr Product or any part of the Maptaskr Product;

(vi)          post any Maptaskr Product or part of any Maptaskr Product on any website; or

(vii)         use the Maptaskr Product other than for the genuine commercial purposes of the Licensee.

(c)                Limitations on derived works

You may not modify any Maptaskr Product, create derivative works based upon v Maptaskr Product, or use the Maptaskr Product to develop any similar product having the same primary function as the Maptaskr Product.

(d)                Limitations on alteration You may not:

(i)             modify any Maptaskr Product or create any derivative work of v Maptaskr Product or its accompanying documentation. Derivative works include but are not limited to translations; or

(ii)            alter any files or libraries in any portion of the Maptaskr Product except for training media assets provided for the purposes of use in conducting training within your organisation.

(e)               Limitations on copying

You may not copy any part of any Maptaskr Product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium or as otherwise provided in these Terms.

5.            Ownership

The Licensor or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Maptaskr Products and all copies thereof.

6.            Warranties and exclusions

(a)               Unless otherwise explicitly agreed to in writing by the Licensor, all representations, guarantees, conditions and warranties of any nature are expressly excluded.

(b)               Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

7.            Exclusion of damages

The Licensor, its directors, officers, employees, or agents will not be liable to you for indirect, consequential, special, incidental, punitive or exemplary loss or damages of any kind (including loss of revenues or profits or loss of business) arising in connection with these Terms, the Maptaskr Product, any software for the Maptaskr Product or any support services for the Maptaskr Product, whether based on contract, tort, statute, or any other legal theory.

8.            Limitation of liability and remedies

To the extent that the applicable jurisdiction limits the Licensor's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

9.            Licensee indemnity

You will indemnify the Licensor, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Maptaskr Product, including but not limited to, any modification by you of the Maptaskr Product which causes the Maptaskr Product to infringe the intellectual property rights of a third party.

10.        Variation of Terms

The Licensor reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you are granted the Licence for the Maptaskr Product or download the Maptaskr Product, whichever is applicable.

11.        General provisions

(a)               Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(b)               The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.

(c)                If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(d)               This Agreement shall be governed by and construed in accordance with the laws of Western Australia.