TERMS AND CONDITIONS
Nistune Developments has performed necessary measures to ensure that the Nistune software and boards are built to high standards. By using this product you agree to the following terms:
IMPORTANT - READ CAREFULLY: This License Agreement (Agreement) is a legal agreement between you and Nistune Developments for the software product Nistune (Software) and any computer chips, circuit boards or any other physical carrier or medium on which the Software is loaded or programmed (Hardware).The Software includes computer software and programs, printed materials and electronic documentation. By installing the Software and Hardware, copying or any other use of the Software, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not allowed to use or copy the Software.
1.GRANT OF LICENSE
Individual User Licence:
If you purchase an Individual User Licence, you are granted a licence as a single user of the Software And are authorised to install and use it on up to five (5) vehicles, but you may not install the Software for any other person, and may only make a single backup copy of the Software.
Commercial User Licence:
If you purchase a Commercial User Licence, you are granted a licence as a commercial user of the Software And are authorised to install and use it on an unlimited number of vehicles, but you may not install the Software for any other person, unless you have a written Reseller Agreement with Nistune Developments, and may only make a single backup copy of the Software.
Use of the software by both Individual and Commercial Users:
The Software may be installed on multiple computers belonging to you for so long as those machines remain your property. Regardless of other rights, the author of the software product is allowed to terminate this license agreement if you offend against the terms and conditions of this agreement. If so, you will have to remove and destroy all copies of the Software and its components.
2. INTELLECTUAL PROPERTY RIGHTS
You may not copy, modify or distribute the Software except under the terms given in this Agreement. You may not sublicense the Software or in any way place it under any other licence than this one. The Software is protected by the intellectual property laws of Australia and international intellectual property treaties. You acknowledge that no intellectual property in the Software passes or accrues to or vests in you and that your rights in the software are limited to such use as is specified in this Agreement.
3. TITLE AND RISK
At all times, title in the Software remains with Nistune Developments. Risk in the Software and Hardware passes to you upon despatch to you.
4. TERM
Your licence is effective upon your acceptance of this agreement and installing the Software and Hardware. This agreement will continue indefinitely unless terminated by reason of your breach of this Agreement.
5. DECOMPILING
You agree not to reverse engineer or allow a third party to reverse engineer the Software, change, split, decompile, disassemble or translate the Software in part or in whole, without prior written consent from Nistune Developments, or except as permitted under applicable law.
6. RESALE
Resale by Individual Users:
A holder of an Individual User Licence may only sell that licence to a third party if: a. Nistune Developments consents to the sale in writing; and
b. the third party agrees in writing to be bound by identical obligations to those in this Agreement.
If you sell your Individual User Licence, you are no longer authorised to use the Software. Resale of your Individual User Licence does not enable the Software to be used on more than five vehicles in total.
Resale by Commercial Users
If you hold a Commercial User Licence, the Software may only be resold by you if you have a current written Resellers Agreement with Nistune Developments. Only Commercial User Licence holders may obtain Resellers Agreements. In reselling the Software, you agree that:
a. you will ensure that any person you sell the Software to (Your Clients) execute an agreement in favour of Nistune Developments in similar form to this Agreement, obliging Your Clients to observe like obligations to those of an Individual User under this Agreement; and
b. You agree to indemnify us against all claims, losses, costs, liability and damages which we may incur, whether directly or indirectly, in connection with or arising from:
i. any claim whatsoever brought against us by Your Clients relating to their use of the Software;
ii.the use of the Software by you or Your Clients;
iii.the unauthorised replication of the Software or onsale of the Software by Your Clients;
iv.your installation of the Software on Your Client’s computer;
v.your breach, our Your Clients’ breach, of this Agreement; or
vi.any other action by Your Clients related to their purchase of the Software from you.
For the avoidance of doubt, this indemnity shall extend (without limitation) to any third party claims against us, any loss or damage to property, and any injury to, or death of, any person.
7. INDEMNITY
You indemnify us against all claims, losses, costs, liability and damages which we may incur, whether directly or indirectly, in connection with or arising from:
any negligent act, omission or wilful misconduct by you or your officers, employees, subcontractors or agents in the use of the Software;
any defect in your installation of the Software, or your use of the Software; or
your breach of the Terms.
For the avoidance of doubt, this indemnity shall extend (without limitation) to any third party claims against us, any loss or damage to property, and any injury to, or death of, any person.
8. UPDATES
