Software License Agreement Terms & Conditions
PowerPro RTO Training Management System
Server Database License Grant:
The Marcada Group Pty Ltd trading as Vidatek (Vidatek) ABN 77 138 671 744 and its suppliers grant to Customer (“Customer”) a nonexclusive and non-transferable license to use the PowerPro RTO TMS Server Software (“Server Software”) in object code form:
(i) Installed in a single location on a hard disk; or
(ii) Provided the Server Software is configured for network use, installed on a single file server for use on a single local area network owned or leased by Customer or otherwise embedded in equipment provided by Vidatek.
Access to the Sever Software is via the Application Software Interface and is limited by the Number of Active Concurrent Login Licenses purchased.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
Application License Grant:
The Marcada Group Pty Ltd trading as Vidatek (Vidatek) and its suppliers grant to Customer (“Customer”) a nonexclusive and non-transferable license to use the PowerPro RTO TMS Application Software (“Application Software”) in object code form as a permanent installation onto a hard disk or other storage device of unlimited Computers owned or leased by Customer, with connection to the Server Software being limited by the Number of Active Concurrent Access Licenses purchased. Customer may only use the programs contained in the Application Software for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate).
Access License Fee:
As part of the Initial subscription of PowerPro RTO TMS Server and Application Software, Customer is granted a single 12 month Continued Access License to use the associated Software. This Access License provides the Customer with unlimited Remote Technical Support, up to 5 hours Remote Training and all Software Updates produced by Vidatek within that period.
Additional Concurrent Access Licenses may be purchased. These additional Licenses also incur an Annual Access License Fee.
The Annual Access User License is a required fee and must be paid prior to the 12 month expiry date from initial date of purchase for all Access Licenses held. In the event the Access User License is not paid by Customer, the use of both Server and Application software will be prevented.
In the event Customer wishes to terminate the License, the software will still be functional in read-only mode.
Upon termination Customer is required to destroy any installation copies of both the Server and Application Software..
This License is effective until terminated. Customer may terminate this License at any time by destroying all installation copies of the Software. There will be no refund issued upon termination.
This License will terminate immediately without notice from Vidatek if Customer fails to comply with any provision of this License.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, ISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Vidatek. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Vidatek. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Vidatek.
LIMITED WARRANTY. The Software substantially conforms to its published specifications and is provided AS IS. This limited warranty extends only to Customer as the original licensee.
Customer’s exclusive remedy and the entire liability of Vidatek and its suppliers under this limited warranty will be, at Vidatek option to repair or replace the Software if reported to the party supplying the Software to Customer. In no event does Vidatek warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Vidatek,
(b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vidatek, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra hazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL VIDATEK OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF VIDATEK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIDATEK OR ITS SUPPLIERS’ LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Vidatek does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.
Refunds or credits only apply if the software is faulty or different to the product advertised on the website.