Last updated: 15 August 2022
1. Acceptance of Terms
This Software Licence Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity, "Licensee") and MicroBIM Pty Ltd ("MicroBIM", "we", "us") for the MicroBIM Fire software product, including any associated media, printed materials, and online or electronic documentation (the "Software").
By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.
2. Grant of Licence
Subject to your payment of the applicable fees and your continued compliance with this Agreement, MicroBIM grants you a non-exclusive, non-transferable licence to install and use the Software on the number of devices for which you have purchased a valid licence key.
- A licence is bound to a single physical device unless otherwise specified at purchase.
- You may transfer an active licence to a new device using the in-app deactivation flow, subject to a maximum number of transfers per licence.
- You may use the Software solely for your internal business or professional purposes.
3. Restrictions
You may not, and may not permit any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent permitted by applicable law.
- Modify, translate, or create derivative works based on the Software.
- Rent, lease, lend, sell, sublicence, distribute, publish, or otherwise transfer the Software to any third party.
- Remove or alter any proprietary notices, labels, or marks on the Software.
- Use the Software in violation of any applicable laws or regulations.
4. Trial Licences
MicroBIM may offer trial licences for a limited evaluation period. Trial licences are subject to all the terms of this Agreement and additional restrictions communicated at the time of issue. Trial licences expire automatically and may not be renewed without MicroBIM's consent.
5. Updates and Support
MicroBIM may, at its discretion, provide updates, patches, and new versions of the Software. Active licence holders are entitled to all updates released during their licence term.
Standard email support is provided to active licence holders. Response times are commercially reasonable but not guaranteed unless covered by a separate support agreement.
6. Ownership
The Software is licensed, not sold. MicroBIM retains all right, title and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any rights to MicroBIM's trademarks or service marks.
7. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. MICROBIM DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROBIM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Termination
This Agreement is effective until terminated. MicroBIM may terminate this Agreement at any time if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession.
10. Governing Law
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. Any disputes arising under this Agreement will be resolved in the courts of New South Wales.
11. Contact
If you have any questions about this Agreement, please contact us at info@microbim.com.