Licensed Application End User License Agreement2017-09-15T02:50:05+00:00

Licensed Application End User License Agreement

 

Your use of Legal Partner is based on the software license and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the software license that accompanies the product at the time of purchase may differ from the version of the license you can review here. Be certain to read the applicable terms carefully before you install the software or use the product.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT,  OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.

Single User License Grant: Legal Partner and its suppliers grant to Customer (“Customer”) a non‐ exclusive and non‐transferable license to use the Legal Partner software (“Software”) in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Legal Partner.

Terms of Use

 Please note this governs the use of the Legal Partner. For the Terms of Use governing the DMS website please use the following link.

Acceptance of Terms

Legal Partner Software (“Legal Partner”) is owned and operated by DMS Services; a business unit of Systematrix Pty Ltd; each of which has separate terms and conditions of use, a link to which appears at the bottom of the home page for each such site. Your use of the finderlawyer.com.au internet site (this “Site”), including the services and/or materials provided to you pursuant to this Site are subject to the following terms and conditions (the “Terms”). By accessing, using, or registering to use the Software (as defined herein), Services (as defined herein) and/or Materials (as defined herein) from this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.

Description of Services

Through its network of Web properties, Legal Partner may provide you with access to a variety of resources, materials and downloads, including business, communication forms, product information, educational and technical news and information (collectively, “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject  to the Terms of Use.

Use of Software

Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) is the copyrighted work of Legal Partner and/or its licensors (if any). You may be required to register as a Legal Partner subscriber in order to download and/or use the

Software. Furthermore, your right to download and/or use the Software will be subject to these Terms and the terms and conditions of the applicable end user license agreement (“Legal Partner License Agreement”), if any, which accompanies or is included with the Software. Any use, reproduction or redistribution of the Software not in accordance with these Terms or such Legal Partner License Agreement is prohibited.

Use of Materials

Any information or materials that are made available to download from this Site or otherwise provided to you (“Materials”) is the copyrighted work of Legal Partner and/or its licensors (if any). You must be a registered Legal Partner subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials

on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.

The origins of such materials may be internal or external to Legal Partner. While third party  Materials are believed to be reliable, such third party Materials have not been independently authenticated, tested or verified in whole or in part by Legal Partner. All Materials provided on Legal Partner websites, including any material from third parties, is “as is,” and Legal Partner makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Legal Partner and its licensors shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.

In addition, certain downloads from Legal Partner websites may contain third party software. Any download of software is governed by the terms of the Software License Agreement between Legal Partner and the user. Legal Partner makes no claims, representations or warranties that the software will operate properly, securely, effectively or efficiently. Legal Partner disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user’s hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.

Limitation of Use – Personal and Non‐Commercial Use

Unless otherwise specified in the Terms and/or the Legal Partner License Agreement, the Services and Materials are for your personal and non‐commercial use. Notwithstanding anything to the contrary in the preceding sentence, if you have obtained any Software pursuant to a Legal Partner License Agreement, and have been granted access by Legal Partner to the Legal Partner Customer Order Management portion of the Site, you may use the Services and/or Materials made available in the Customer Order Management portion of the Site solely for your internal business purposes related to your license of our Software.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Legal Partner via email or post).

Updates and/or Changes to the Site

The Services and/or Materials may contain technical inaccuracies or typographical errors. Unless otherwise specified in the Terms and/or the Legal Partner License Agreement, the Services, Software and/or Materials may be updated, modified or deleted at any time without notice.

Policy on Privacy

Please see the Privacy Policy disclosures relating to the collection and use of your information. By using the Site, you are consenting to the processing of your data by Legal Partner and consenting to our Privacy Policy.

User Information

When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration (“Your Data”), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.

Member account, password and security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Legal Partner immediately of any unauthorised use of your account or any other breach of security. Legal Partner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses

incurred by Legal Partner or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Security or Network Violations

You may not access or use the Software, Services, Materials or Site to violate the security or integrity of any network, computer or communications system, software application, or computing device.

This includes, without limitation, attempting to obtain, or obtaining, unauthorized access to any of the foregoing, attempting to probe, scan, or test the vulnerability of a system or its security or authentication measures, interception of data or traffic, and forging TCP‐IP packet headers, e‐mail headers, or any part of a message describing its origin or route. You may not access or use the Software, Services, Materials or Site to make or attempt to make network connections to any users, hosts, or networks unless you have permission to communicate with them. This includes, without limitation, monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled, denial of service attacks, intentional interference with a system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques, operating network services like open proxies, open mail relays, or open recursive domain name servers and using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions. We may report any activity that we suspect violates

any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing confidential information to the extent we deem it necessary to comply with applicable law. We also may cooperate with applicable law enforcement

agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

User Communications

The Services may contain e‐mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others (“Communication Services”). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular  Communication Service. You will not use the Communication Service to distribute, publish, send, or facilitate offensive, indecent or objectionable content, or unsolicited mass e‐mailings, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of Legal Partner violates community standards, will be removed and the account of the poster may, at Legal Partner’s discretion, be revoked or suspended. Any material that meets the standards described above might be edited by Legal Partner solely for the purpose of clarity and length.

Materials Provided to Legal Partner or Posted at the Site

Legal Partner does not claim ownership of the materials you may provide to Legal Partner (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Legal Partner, its affiliated companies and necessary sublicensees a non‐exclusive, royalty‐free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Legal Partner Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Legal Partner is under no obligation to post or use any Submission you may provide and Legal Partner may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent that the information you submit is not confidential.

Links To Third Party Web Sites/Content

Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make

any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.

If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Legal Partner’s Site, you do this entirely at your own risk.

Disclaimers / Warranty

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE LEGAL PARTNER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE LEGAL PARTNER AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEGAL PARTNER, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER LEGAL PARTNER, NOR ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, WARRANT THE ACCURACY, COMPLETENESS OR QUALITY OF ANY OF THE MATERIALS OR SERVICES.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LEGAL PARTNER, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR  OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This site is controlled and operated by Legal Partner from its offices in Australia. Legal Partner makes no representation that Materials or Services at this Site are appropriate or available for use outside Australia, and access to them from territories where their contents are illegal is prohibited.

Export Laws

Software, Services, Materials, tools, and technical data delivered by or to Legal Partner may be subject to U.S. export controls or the trade laws of other countries. You and Legal Partner agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re‐export or import as may be required. You and Legal Partner agree not to export or re‐export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and Legal

Partner will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses.

Indemnity

You agree to indemnify and hold Legal Partner and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

Jurisdiction and Venue

These Terms are to be governed and construed by the substantive law of the State of Victoria, Australia. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the State of Victoria, Australia.

Waiver

The failure of Legal Partner to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the Legal Partner License Agreement.

Copyright and Trademarks

DMS Services is either the owner or licenced user of the copyright in the material on this website and within the services that Legal Partner provides. “Legal Partner Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Legal Partner uses in connection with its products and services. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this website or within the services that Legal Partner provides without the written consent of Legal Partner, other than to the extent necessary to view the material as permitted by law.

The Website, products, technology and processes contained in this Website may be the subject of other intellectual property rights owned by Legal Partner or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Website must not in any way infringe the intellectual property rights of any person.

You agree to comply with the Legal Partner Trademark and Logo Usage Requirements. You may not remove or alter any Legal Partner Trademarks, or co‐brand your own products or material with Legal Partner Trademarks, without Legal Partner Software’s prior written consent. You acknowledge Legal Partners’ rights in Legal Partner Trademarks and agree that any use of Legal Partner Trademarks by You shall inure to Legal Partners’ sole benefit. You agree not to incorporate any Legal Partner Trademarks into Your trademarks, service marks, company names, Internet addresses, domain

names, or any other similar designations, for use on or in connection with computer or Internet‐ related products, services or technologies.

Safe Harbour Statement

Except for the historical information and discussions contained herein, statements contained on this Site may constitute “forward‐looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These statements involve a number of risks, uncertainties and other factors that could cause actual results to differ materially, including but not limited to the following: the receipt and shipment of new orders, the timely release of enhancements to the company’s products, the growth rates of certain market segments, the positioning of the company’s products in those market segments, variations in the demand for customer service and technical support, pricing pressures and the competitive environment in the software industry, business and consumer use of the Internet, and the company’s ability to penetrate international markets and manage its international operations. The company undertakes no obligation to update information contained in this release

Refund Statement

For a description of the refund/return policy that may apply to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable Legal Partner License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.

General

Legal Partner may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then‐current Terms because they are binding on you. If you have comments or questions about our privacy policy, please Contact Us. We will address any issue to the best of our ability.

Updated: January 27, 2017