End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or an entity) (“User”) and Four Winds Technology Pty Ltd ABN 91 107 756 963 (“Licensor”), governing the use of the software product Spatial Integration (“Software”), in both its Community Edition and its Professional Edition. By installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement.

1. License grant

1.1. Subject to the terms of this Agreement, Licensor grants the User a non-exclusive, non-transferable, revocable license to use the edition of the Software, and any add-on modules, covered by the User’s license key, on no more than the number of machines that license allows.

1.2. The Software is licensed, not sold, and all rights not expressly granted herein are reserved by Licensor.

2. Editions and license terms

2.1. Community Edition. The Community Edition is licensed free of charge. Licensor may change, limit or discontinue the Community Edition, or the features available in it, at any time.

2.2. Professional Edition. The Professional Edition and add-on modules are licensed for the term paid for. To continue using them after that term the User must renew the license; if it is not renewed, the Professional Edition features and modules cease to be available when the term ends.

2.3. A license key is for the User’s own use and must not be shared with others or used on more machines than the license allows.

3. Restrictions

3.1. Except as the law allows despite this restriction, the User shall not:

1. Modify, reverse engineer, decompile, or disassemble the Software;
2. Rent, lease, sublicense, distribute, or transfer the Software to a third party;
3. Circumvent, disable or interfere with the Software’s licensing;
4. Use the Software for any unlawful or unauthorized purpose.

4. Ownership and intellectual property

4.1. The Software and all intellectual property rights therein remain the exclusive property of Licensor.

4.2. This Agreement does not grant the User any rights to Licensor’s trademarks or other proprietary information.

4.3. The Software contains open source components that are subject to their respective licenses. The User acknowledges that such components are governed by their respective open source licenses, which may grant the User additional rights or impose additional restrictions.

5. Disclaimer of warranties

5.1. Subject to clause 5.3, the Software is provided “AS IS” without warranties of any kind, whether express, implied, or statutory, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

5.2. Subject to clause 5.3, Licensor does not warrant that the Software will be error-free or uninterrupted, or that results produced with it are accurate or complete. The User is responsible for checking results before relying on them.

5.3. Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where Licensor may limit its liability for a failure to comply with such a guarantee, its liability is limited, at Licensor’s option, to supplying the Software again or paying the cost of having it supplied again.

6. Limitation of liability

6.1. Subject to clause 5.3 and to the maximum extent permitted by law, Licensor’s liability for any claim related to this Agreement or the Software shall be limited to the amount paid by the User for the Software in the 12 months before the claim.

6.2. Subject to clause 5.3, in no event shall Licensor be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, even if advised of the possibility of such damages.

7. Termination

7.1. This Agreement is effective until terminated by either party.

7.2. The User may terminate this Agreement by ceasing to use the Software and uninstalling it.

7.3. Licensor may terminate this Agreement immediately if the User breaches any terms herein. Upon termination, the User must cease all use of the Software.

8. Governing law

8.1. This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.

8.2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

9. General provisions

9.1. This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements.

9.2. If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

10. Contact information

For any questions regarding this Agreement, please contact Four Winds Technology Pty Ltd at info@fourwindstechnology.com.