End-User License Agreement (EULA) of Hardfolio

This End-User License Agreement (“EULA”) is a legal agreement between you and Christian Findlay

This EULA agreement governs your acquisition and use of our Hardfolio software (“Software”) directly from Christian Findlay or indirectly through a Christian Findlay authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the Hardfolio software. It provides a license to use the Hardfolio software and contains warranty information and liability disclaimers.

If you register for a free trial of the Hardfolio software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Hardfolio software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Christian Findlay herewith regardless of whether other software is referred to or described herein. The terms also apply to any Christian Findlay updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

As Is

Software is being provided “As is.”. Christian Findlay does not guarantee software nor does Christian Findlay provide any warranties whatsoever, either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. You assume the entire risk as to quality and performance of software, or damages to devices that may ensue from use of said software. In no event shall Christian Findlay be liable for any indirect, special, consequential or incidental damages or claims for loss of business or loss of profits, including but not limited to loss of or damage to data or property, even if Christian Findlay shall have been advised of the possibility of such potential loss or damage.

License Grant

Christian Findlay hereby grants you a personal, non-transferable, non-exclusive licence to use the Hardfolio software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Hardfolio software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Hardfolio software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • use the Software for any purpose that Christian Findlay considers is a breach of this EULA agreement

Intellectual Property and Ownership

Christian Findlay shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Christian Findlay.

Christian Findlay reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Christian Findlay.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of au.