These Terms of Use (which include our Privacy Policy) govern your access to and use of the Site unless additional specific terms apply. Your use of the Site indicates you accept the Terms of Use. We may change the Terms of Use by publishing those changes on the Site. If you do not agree with the Terms of Use and/or any changes to them that we publish, you must not use the Site.
Your use of the Software is governed by these Terms of Use and the Software Licence Agreement accompanying these Terms of Use.
The Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
SOFTWARE LICENCE AGREEMENT
By downloading, installing or using the GetCharting Finance Series Software (Software), you agree to the terms of this Software Licence Agreement (Agreement) with COMZ Pty Ltd (us, we). This Agreement is a legal agreement between you (either an individual or an entity) and us. This Agreement only applies to free versions, editions, updates or upgrades to the Software. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. If you do not agree with the terms of this Agreement, do not install or use the Software.
1. Licence
You may use the Software solely for personal, non-commercial and academic use strictly in accordance with this Agreement. You may use the Software without charge. We may, but have no obligation to, provide updates to the Software from time to time. If so, those updates are deemed part of the Software and are subject to this Agreement.
2. Restrictions
You must not:
and you will not permit or enable any third party to do any of those things.
3. Reservation of rights
We retain ownership in all copies of the Software. The Licence granted to you is non-exclusive and we reserve the right to revoke the licence at any time without reason. You are not entitled to receive any documentation, support, assistance, enhancements or updates of any kind or any form of benefit.
4. Proprietary rights
You acknowledge that all proprietary rights and intellectual property in the Software whether unregistered or registered, presently existing or future rights and including without limitation copyright, trade marks, designs, confidential information ,trade secrets, know-how, patents, inventions, discoveries, circuit layouts and associated materials are owned by us and our licensors. You acknowledge that the Software is not public domain software. You will not remove or modify in any way any marks of ownership including copyright notices in the Software.
5. Open source software
You acknowledge that to the extent the Software contains open source code:
no warranty is given in relation to that open source code (including with respect to title and fitness for purpose); and
open source code is licensed according to the terms applicable to such code.
6. Disclaimer of Warranty
To the extent permitted by applicable law, the Software is provided “as is” without warranty of any kind. We make no representations or warranties, and exclude all warranties of any kind, either express or implied, including but not limited to warranties in regard to the performance, accuracy, sufficiency, suitability, durability, quality, capacity and technical compatibility, title and non-infringement of third party rights. We do not warrant that any function of the Software will be uninterrupted or error-free.
Where legislation such as the Trade Practices Act 1974 (Cth) and similar state and territory legislation implies into this Agreement any condition or warranty which cannot be excluded, that condition or warranty is included in this Agreement. If so, our liability for any breach of such condition or warranty is limited, at our option to (a) replacement of the Software or payment of the cost of replacing the Software.
The Software is provided as a tool for extracting data from the internet for input into charts and records. You acknowledge that all data you download and/or charts and records you create by using the Software (Data) is derived from third party sources and is believed to be accurate and current. However, neither we nor our directors, officers, agents, employees or contractors (Our Representatives) give any representation or warranty as to the reliability, accuracy or completeness of the Data.
The Software is a tool for providing general information only. No Data or other information produced using the Software is intended for trading or investment purposes and you cannot rely on the Data or information for that purpose. You should obtain professional investment advice tailored to your specific circumstances prior to making investment decisions. We and Our Representatives will not be liable for the accuracy of the Data.
8. Limitation of Liability
To the maximum extent permitted by law, neither us nor Our Representatives will be liable for any direct indirect, incidental, special, exemplary, or consequential damages including, but not limited to procurement of substitute goods or services, loss of use, data, or profits or business interruption however caused and on any theory of liability whether in contract, strict liability or tort (including negligence or otherwise) arising in any way from downloading or the use of the software programs, the use of any data these software programs could use and the use of the web pages, even if advised of the possibility of such damage.
9. Advertisements
You acknowledge that Advertisers display Advertiser Information on the Site. You agree that Advertiser Information may appear within the Software. The Advertiser Information is provided by third parties and we accept no liability whatsoever for any Advertiser Information and makes no warranty as to its accuracy.
10. Indemnification
You indemnify and hold us and Our Representatives harmless from and against any and all damages, losses, costs including legal fees and expenses resulting from any violation of this Agreement.
11. Termination of License
The licence granted to you under this Agreement will automatically terminate without prior notice from us if you fail to comply with any of the terms or conditions of this Agreement. Upon termination of the Licence, you must destroy all copies of the Software. Notwithstanding the termination of the Licence for any reason whatsoever, all of the provisions of this Agreement which operate to protect the rights and interests of us, our licensors and Our Representatives continue to be of force and effect.
12. Severability
If any clause, or any part of any clause, is held to be invalid or unenforceable, the remaining provisions of this Agreement, and the remaining part of any provision where part only of the provision is invalid or unenforceable, shall remain in full force and effect and will not be effected by such invalidity.
13. Governing Law
This agreement shall be construed and governed with by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that place. No choice of law rules of any jurisdiction will apply and any claims being founded on laws of other states or countries are excluded.
14. General
If any provision of this Agreement is found by a court of competent jurisdiction 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 this Agreement remain in full force and effect.