End-User License Agreement
This End-User License Agreement ("EULA") applies to the Licensed Energy Management Diagnostic provided by Entel IET Pty Ltd (ACN 638 476 016, ABN 44 638 476 016) trading as Entel.
The Licensed Energy Management Maturity Diagnostic (“Licensed Application”) made available through the Entel website or other means is licensed, not sold, to you. Your license to the Licensed Application is subject to your prior acceptance of this EULA. Your license to any Licensed Application under this EULA is granted by Entel. Entel (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
Scope of license
Licensor grants to you a non-transferable license to use the Licensed Application as permitted by this EULA. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application. You may not transfer, redistribute or sublicense the Licensed Application. You may not copy (except as permitted by this license and EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law.
To register and access the Licensed Application, you must be at least 18 years of age, possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the Licensed Application in accordance with this EULA.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Licensed Application and in all of the material (including all text, graphics, and logos) made available through the Licensed Application (“Content”). Your use of the Licensed Application and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Licensed Application or the Content. However, we do grant you a license to access the Licensed Application and view the Content on the terms and conditions set out in this EULA and, where applicable, as expressly authorised by us and/or our third-party licensors. Any reproduction or redistribution of the Licensed Application or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of the Licensed Application, the Content or any part of it is prohibited, except to the extent permitted by law.
Consent to use of data
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data and content displayed by any Licensed Application or External Service is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
The Content generated by the Licensed Application for your use may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and “as available,” with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy and of non-infringement of third-party rights. No oral or written information or advice given by Licensor or its authorised representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
Limitation of liability
To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty-five dollars (AUD 25.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Jurisdiction and governing law
This EULA and the relationship between you and Licensor shall be governed by the laws of the Australian Capital Territory, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the Australian Capital Territory to resolve any dispute or claim arising from this EULA.
Effective: 16 September 2020