End User License Agreement (EULA)

IMPORTANT – PLEASE READ CAREFULLY

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and PRD Software Pty Ltd for the HelpMaster Helpdesk Suite, or one of its parts, which includes the software and associated database, and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by PRD Software Pty Ltd. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.

By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, do not download, install or use the SOFTWARE PRODUCT. Reservation of Rights All rights not expressly granted are reserved by PRD Software Pty Ltd.

License

  1. You may only install the software, on computers on a single network owned or leased by a single company or organization, unless otherwise agreed in writing by you and PRD Software Pty Ltd.
  2. You may use this SOFTWARE PRODUCT on all computers in a network, connected to a single database (“LICENSED DATABASE”), provided that the number of users accessing the LICENSED DATABASE at any one time (“the users”) does not exceed that agreed by you and PRD Software Pty Ltd, and for which payment has been made (“the user licence”). If you need more users to have access, or require connection to more than one database, you must purchase additional licences from PRD Software Pty Ltd
  3. The registration code provided by PRD Software as part of an active HelpMaster subscription permits use of the SOFTWARE PRODUCT to connect to a single Microsoft SQL Server database that is identified by being hosted on a specific network domain and has a specific instance name. This is the LICENSED DATABASE.
  4. If the original LICENSED DATABASE domain/instance name combination changes since the initial application of the registration code, the SOFTWARE PRODUCT will revert to a “Test only” mode with reduced functionality and should NOT be used for commercial use. In such cases, you will need to contact PRD Software Pty Ltd to have a new registration code issued to you. The original registration code will be permanently de-activated by PRD Software Pty Ltd and should no longer be used for any purpose. You agree not to thwart, interfere or block the operation of any aspect of this authentication system.
  5. Training and testing databases. In consideration of the need for training, you are entitled to create and use additional databases for the purposes of training and testing. Such databases may be a copy of the LICENSED DATABASE, or a new database created by the SOFTWARE PRODUCT. In cases where a copy of the LICENSED DATABASE is used for training or testing purposes, the database will automatically revert to a “Test only” mode. All training and testing databases should not be used for live commercial use. Additional evaluation registration codes can be obtained from PRD Software Pty Ltd. The License provisions as detailed in this EULA also apply to training and testing databases.

License restrictions

  1. You may not distribute copies of this software nor rent, lease or otherwise grant rights to this SOFTWARE PRODUCT
  2. You may not decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE PRODUCT to any human-readable form, create derivative works based upon the SOFTWARE PRODUCT or use the SOFTWARE PRODUCT to develop any application having the same primary function as the SOFTWARE PRODUCT.
  3. You may not download nor use the SOFTWARE PRODUCT if you are a direct competitor of PRD Software Pty Ltd, except with PRD Software Pty Ltd prior written consent. In addition, you may not download nor use the SOFTWARE PRODUCT for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Internet connectivity and authentication system You acknowledge and agree that when you use the SOFTWARE PRODUCT, your computer may attempt to connect to an online service operated by PRD Software Pty Ltd for the purposes of checking for product updates and license compliance. When this occurs your unique registration code number, your SOFTWARE PRODUCT version number and a non-reversible hash of your domain and SQL Server is transmitted. No personal information is transmitted during this process. You agree that PRD Software Pty Ltd may use this information to disable access to and the use of the SOFTWARE PRODUCT by you or any third-party users of your licensed SOFTWARE PRODUCT if it is found to be in violation of the terms and conditions of this EULA. You agree not to thwart, interfere or block the operation of any aspect of this authentication and update system.

Trademarks

This EULA does not grant you any rights in connection with any trademarks or service marks of PRD Software Pty Ltd.

Support Services

  1. PRD Software Pty Ltd may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the PRD Software Pty Ltd policies and programs described in the user manual, in “online” documentation, and/or in other PRD Software provided materials. Any supplemental software code or script provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA
  2. PRD Software Pty Ltd reserves the right to refuse, or charge additional fees for, support requests related to the SOFTWARE PRODUCT where any modification has been made to the SOFTWARE PRODUCT beyond that which is integral to the original SOFTWARE PRODUCT.
  3. With respect to technical information you provide to PRD Software Pty Ltd as part of the Support Services, PRD Software Pty Ltd may use such information for its business purposes, including for product support and development. PRD Software Pty Ltd will not utilize such technical information in a form that personally identifies you. Term This license remains valid while the customer’s HelpMaster subscription remains current and paid, unless terminated earlier in accordance with this EULA.

Upgrades

  1. The SOFTWARE PRODUCT may, from time to time, be modified, updated or upgraded without notice to end users. This EULA covers any and all copies and versions of the SOFTWARE PRODUCT. Any new release of the SOFTWARE PRODUCT, including upgrades and patches will be designed to work on the SOFTWARE PRODUCT as originally released by PRD Software Pty Ltd. No responsibility will be accepted by PRD Software Pty Ltd for upgrades, patches or other releases that fail to run as designed because of modifications made by the user to the SOFTWARE PRODUCT.
  2. If this copy of the SOFTWARE PRODUCT is an upgrade from an earlier version of the SOFTWARE PRODUCT, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE PRODUCT to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the SOFTWARE PRODUCT or transfer it to another person or entity.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and database incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by PRD Software Pty Ltd or its suppliers and partners. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy any printed materials accompanying the SOFTWARE PRODUCT, without the written permission of PRD Software Pty Ltd.

Limited Warranty

Limited Warranty and Limitation of Liability Nothing in this EULA excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law. Except as expressly required by law, the SOFTWARE PRODUCT is provided “as is” and PRD Software Pty Ltd makes no warranties, representations or guarantees, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, uninterrupted operation, availability, security or error-free performance. To the maximum extent permitted by law, PRD Software Pty Ltd shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of revenue, loss of business opportunity, loss of data, business interruption, loss of goodwill or loss of anticipated savings arising out of or related to the use of, or inability to use, the SOFTWARE PRODUCT. Any liability of PRD Software Pty Ltd arising from or relating to the SOFTWARE PRODUCT shall be limited as set out in the applicable HelpMaster Support Terms and Conditions or other written agreement between the parties. Where no separate written agreement exists, PRD Software Pty Ltd’s total aggregate liability shall not exceed the amount paid by the customer for the SOFTWARE PRODUCT during the twelve (12) months immediately preceding the event giving rise to the claim.

General

This Agreement is governed by the laws of the Australian Capital Territory, Australia. The parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this Agreement is invalid or unenforceable, that provision shall be enforced to the maximum extent permissible; to give effect to the parties’ intention, and the other provisions shall continue in full force and effect. You acknowledge that this license constitutes the entire agreement between the parties, and supersedes any proposal, representation or prior agreement, oral or written, and any other communications.