elawforms

elawforms - licence terms

Acknowledgment and Acceptance of Licence Conditions

1.1 The licensed software and form are provided by Elawforms Pty Ltd ABN 93 117 686 389 (“elawforms”) (“the Licensor") to you under the terms and conditions set out in this end user licence.

1.2 Copyright in the software and forms is licensed to the Licensor or owned by the Licensor.

1.3 By using the software or completing the registration process to become an end user and or in buying a form, you (as Customer or end user) expressly agree to be bound by this end user licence and these terms and conditions.

2 Licence

2.1 The Licensor grants to you a non-transferable, non-exclusive licence to use the licensed software to reproduce the forms purchased from our internet site/s in accordance with this licence.

2.2 This licence does not permit you to sell or otherwise provide copies of the software or the precedents printed and created and or installed by the licensed software to any person or organisation, except that you may provide a completed document in electronic or printed form to a person or your client or other 3rd parties involved in the transaction. The software can be read as a pdf but can only be changed using our proprietary software. This licence is expressly restricted from use in any educational teaching without a licence for that purpose from the Licensor on terms to be agreed in writing. This licence is for distinct unique commercial transactions only.

2.3 You acknowledge that in order for the precedents applicable to the product to remain as approved forms by any other authority or gazetted forms (if applicable) they must not be changed in any particular manner without approval from the relevant authority.

2.4 You also acknowledge that the supplied forms may only be used on forms which are unmodified and may not be used in any other way. The forms may be out of date from time to time and if brought to our attention we will resupply the form as amended by any Authority from time to time. It is for you to check the validity of any form we may sell and our liability for use and for the form is expressly and wholly and completely excluded (to the extent legally possible) and this is a term of use of the form.

2.5 Furthermore the user shall not be entitled to use the software or blank forms printed or created from this system after the licence expires and acknowledge that this would be a breach of copyright and a breach of this Agreement.

3. Supply and Installation of the Licensed software

3.1 You are responsible for installing the licensed software.

3.2 The licensed software may be installed and used on any computer equipment and the software is free but the form must be purchased and licensed.

4. Licence Fee

4.1 You must pay the Licence Fee on or prior to receipt of the licensed software.

5. Protection of the Licensed Software and Accompanying Documentation

5.1 You are responsible for the supervision, management and control of the licensed software and any accompanying documentation and must ensure that your employees, contractors and other agents are made aware of the conditions of this licence and use the form as you may be able and to check that the forms are appropriate and current. If not a current form that is for you to check and we will replace the form without further charge if not current and that is the extent of our liability and obligations to you.

5.2 You must not copy or modify, and must not knowingly or negligently allow the copying or modification of, the licensed forms and software or accompanying documentation or the reverse engineering of the licensed software by any means or in any form without the Licensor's prior written consent. You must not make the forms available to any third party to use without the Licensor's consent and approval.

5.3 You acknowledge that the licensed software, the forms and documents reproduced by the software and any accompanying documentation are the subject of copyright. You must not during or after the term of this licence permit any act which infringes the copyright in these items.

6. Term of Licence

6.1 The licence for the filler software is free but subject to purchase of an elawform and can be used only with licensed and purchased forms which will only be able to be used for the period advised at the time of purchase.

7. Updates and New Releases

7.1 During the term of the licence the Licensor will provide any updated form for free if it changes during the term of your licence and new releases of the licensed free filler software reasonably as they become available will be implemented.

7.2 You are responsible for installing all updates and new releases which may be supplied from time to time by the Licensor.

7.3 The terms of this licence apply to all updates and new releases.

7.4 The Licensor does not warrant that an update or new release will be issued to take account of:

7.4.1. any changes to any law; or

7.4.2. any other factors necessitating alteration to the forms.

7.5 If the Licensor issues you with an update or new release of the licensed software, you must immediately cease using the previous version of the licensed software.

7.6 You are expected to be aware if any forms are invalid or superseded. We may inform you (but we are under no obligation to do so) of changes to any forms and you must immediately cease using or producing the invalid or superseded forms.

8. Warranties and Liability

8.1 The Licensor does not warrant that the licensed software or forms:

8.1.1. will operate completely free from errors;

8.1.2. are suitable for your requirements; or

8.1.3. will be fully operable on your computer equipment.

8.2 The Licensor warrants that the electronic software:

8.2.1. will be reasonably free from defects in manufacture;

8.2.2. will perform in accordance with the accompanying documentation under normal use for a period of 90 days from the commencement of this licence.

8.3 The Licensor will replace free of charge any defective component of the software if notified of that defect within 90 days after the commencement of this licence.

8.4 You acknowledge that the Licensor will not be liable for any damage arising, whether directly or indirectly, from or in connection with the supply of the licensed software or use of the forms or for any breach of this licence. The liability is governed by the law of Victoria and this jurisdiction shall be the exclusive jurisdiction for any claim and the parties will submit any dispute to arbitration in Victoria as directed by the Licensor under the Commercial Arbitration Act or similar Act and the arbitration shall be final as between the parties.

8.5 You are liable to check all forms used and supplied and to be aware of the appropriate forms required in any and all circumstances for all purposes. No liability is accepted for any defect in any form whatsoever nor can any claim be brought. This is an express term and a condition of use.

8.6 The provision of a form is not the provision of legal advice and if any help notes are published these notes are general guides and not the provision of legal advice and no written nor oral advice will be given nor should be relied on whatsoever and the user must seek legal advice in their state or country.

9. Product support

9.1 If you require the Licensor to make any modifications to, or provide any other technical assistance regarding, the licensed software you must pay the Licensor's costs to do so.

10. Governing Law and Jurisdiction

10.1 The Law of South Australia governs this licence.

10.2 The parties will submit to the jurisdiction of the courts of South Australia.

10.3 The parties will submit to arbitration in Victoria at the election of the Licensor and this clause may be pleaded in bar to any action in any jurisdiction whatsoever if arbitration is elected at any time by the Licensor. The Licensor may ask any professional body representing arbitrators in Victoria to appoint an arbitrator at the expense in all things of the Customer unless the arbitrator makes any final ruling determining costs otherwise. The failure by the Customer to meet the costs of the arbitrator shall be a bar to any other action by the Customer and the Licensor may request continuation of the arbitration in the absence of the Customer after notice to the Customer and seek final orders should it so choose in its discretion.

WHERE FORMS ARE LIV COPYRIGHT FORMS

ADDITIONAL END USER LICENCE

Acknowledgment and Acceptance of Licence Conditions as relating to LIV Forms

1.1 The licensed software is provided by elawforms (the “Licensor”) to you under the terms and conditions set out in this end user licence.

1.2 Copyright in the forms bearing the LIV logo belongs to the Law Institute of Victoria (LIV).

1.3 By using the software or completing the registration process to become an end user, you expressly agree to be bound by this end user licence and these terms and conditions.

2 Licence

2.1 The Licensor grants to you a non-transferable, non-exclusive licence to use the licensed software to reproduce standard precedents of the LIV or modules of forms (“the forms”) from our software in accordance with this licence.

2.3 In licensing for Word modules of forms you must at all times ensure that the number of users and certificate holders does not exceed the range for which the Licence Fee has been paid, as set out in sale terms.

2.4 You acknowledge that in order for the precedents applicable to the product to remain as approved or gazetted forms (if applicable) they must not be changed in any particular manner without approval from the relevant authority.

2.5 You also acknowledge that the LIV Logo supplied with the forms may only be used on forms which are unmodified and may not be used in any other way.

2.6 Furthermore the user will not be entitled to use the software or blank forms printed or created from this system after the licence expires and acknowledge that this would be a breach of copyright and a breach of this Agreement.

3 Supply and Installation of the Licensed software

3.1 You are responsible for installing any licensed software or Word forms.

4 Licence Fee

4.1 The Licence Fee for Word forms and Word Modules is dependent on the number of practising certificate holders or users to be authorised to use the licensed software as set out in the current sale terms advised from time to time. Where the number of certificate holders at a firm differs from the number of users the greater number applies. Where the number of users changes during the course of using the licensed forms this must not exceed the range to which the licence applies.

4.2 You must pay the Licence Fee on or prior to receipt of the licensed software.

5 Firm Name or User Identity

5.1 It is a condition of your licence that forms and precedents to be reproduced by the licensed software not be used unless endorsed with your user details or firm name and any copyright notices are maintained on the documents printed.

6 Manuals and Other Documentation

6.1 The terms of this licence apply to any user notes and manuals and documentation which accompanies the licensed software package or is available from time to time. This documentation may not be copied except where necessary to enable proper use of the licensed software.

6.2 The Licensor will inform you from time to time of any amendments to the documentation which may become necessary.

7 Protection of the Licensed Software and Accompanying Documentation

7.1 You are responsible for the supervision, management and control of the licensed software and any accompanying documentation and must ensure that your employees, contractors and other agents are made aware of the conditions of this licence.

7.2 Subject to clause 2, you must not copy or modify, and must not knowingly or negligently allow the copying or modification of, the licensed forms and software or accompanying documentation or the reverse engineering of the licensed software by any means or in any form without the Licensor's prior written consent. You must not make the forms available to any third party to use without the Licensor's consent and approval.

7.3 You acknowledge that the licensed software, the forms and documents reproduced by the software and any accompanying documentation are the subject of copyright. You must not during or after the term of this licence permit any act which infringes the copyright in these items.

7.4 You must use reasonable endeavours to ensure that the licensed software and accompanying documentation is protected at all times during the term of this licence from unauthorised access or use by a third party. Forms and documents supplied in Word

7.5 Modules of forms and precedents are made available in Word format and at the end of your licence period you must remove the forms and documents and any copies or amended precedents arising from the documents from your document system and confirm this in writing to the Licensor upon cancellation or your notice not to proceed with a new licence. The Licensor may require independent written confirmation and audit of compliance with this condition at the users cost. Forms and documents supplied online

7.6 elawforms are online forms supplied and maintained by elawpublishing and elawforms subject to 6 month licences (or other limited periods as notified from time to time at time of purchase) and may be used online or with proprietary software as may be supplied and available. elawforms are not an annual invoice for licensing as Word modules are licensed and payment is by credit card only at time of purchase. The forms cease operating or access is limited when the licence expires but may be extended online by credit card purchase.

8 Term of Licence of Word forms

8.1 The licence is for an initial term of 1 year from supply to you.

8.2 Your licence will be renewed from year to year if you pay the then current licence renewal fee (as determined from time to time by the Licensor) to the Licensor. If you do not wish to continue a licence then you must give notice within 60 days of the expiry of the then current term (“Expiry Date”). If no notice is given the licence will continue and the next annual Licence Fee is payable.

8.3 If you fail to pay your Licence Fee within 60 days of invoice then your right to use the licensed software and forms is suspended until payment but does not release you from the Licence Fee payable. Licence invoices are issued prior to expiration of a licence period.

8.4 Non payment of the Licence Fee entitles the Licensor to terminate the licence at which time you are then in breach of copyright for any use after notice and also liable for use during any period you have not paid the annual Licence Fee and have the forms.

9 Updates and New Releases

9.1 During the term of the licence the Licensor will provide all updates and new releases of the licensed software reasonably as they become available and can be implemented. No additional Licence Fee is payable for new releases and updates during each licensed term.

9.2 You are responsible for installing all updates and new releases which will be supplied from time to time by the Licensor by various mechanisms as it sees fit.

9.3 The terms of this licence apply to all updates and new releases.

9.4 The Licensor does not warrant that an update or new release will be issued to take account of:

9.4.1 any changes to any law; or

9.4.2 any other factors necessitating alteration to the forms.

9.5 If the Licensor issues you with an update or new release of the licensed software, you must immediately cease using the previous version of the licensed software.

9.6 You are expected to be aware if any forms are invalid or superseded. We will inform you of changes to any forms and you must immediately cease using or producing the invalid or superseded forms.

10 Warranties

10.1 The Licensor does not warrant that the licensed software or forms:

10.1.1 will operate completely free from errors;

10.1.2 are suitable for your requirements; or

10.1.3 will be fully operable on your computer equipment.

10.2 The Licensor warrants that the licensed software:

10.2.1 will be free from defects in manufacture;

10.2.2 will perform in accordance with the accompanying documentation under normal use for a period of 90 days from the commencement of this licence.

10.3 The Licensor will replace free of charge any defective component of the licensed software if notified of that defect within 90 days after the commencement of this licence.

10.4 You acknowledge that the Licensor will not be liable for any damage arising, whether directly or indirectly, from or in connection with the supply of the licensed software or use of the forms or for any breach of this licence.

10.5 You are liable still to check all forms used and supplied and to be aware of the appropriate forms required in any and all circumstances for all purposes. No liability is accepted for any defect in any form whatsoever. This is an express term and a condition of use.

11 Product support

11.1 If you require the Licensor to make any modifications to, or provide any other technical assistance regarding, the licensed software apart from reasonable telephone advice, you must pay the Licensor’s reasonable costs to do so.

12 Governing Law and Jurisdiction

12.1 The Law of Victoria governs this licence.

12.2 The parties will submit to the jurisdiction of the courts of Victoria and the Federal Court of Australia.

12.3 The parties will submit to arbitration at the election of the Licensor and this clause may be pleaded in bar to any action if arbitration is elected.2. Licence