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Licence terms

 

   

LICENCE TERMS

These terms and conditions (Terms) are entered into between Argo Computing Services Pty Ltd (ACN 084 560 109) trading as BEACH WEIGHTS (we, us, or our), and you, the individual or entity accepting these Terms (you or your), together the Parties and each a Party, and are in addition to any third-party platform’s terms and conditions. For questions about these Terms, or to get in touch with us, please email:  info@beach-weights.com.

  

1. Acceptance and Term

1.1 You accept these Terms and any applicable third party platform terms and conditions by purchasing the digital download product (Digital Download Product). You may purchase the Digital Download Product from our Etsy shop at https://www.etsy.com/shop/BeachWeights  (Site) or from a third party website (Platform) (together the Purchase Platform). 

1.2 These Terms commence when you accept these Terms in accordance with clause 1.1 and will continue for the duration set out on the Purchase Platform, or if no duration is specified on the Purchase Platform, then until these Terms are terminated in accordance with these terms and conditions (Term).

2.  Digital Download Product Licence

2.1 In consideration of your payment of the Price (defined in clause 4.1), we will supply you with the Digital Download Product in accordance with these Terms. 

2.2 During the Term, and subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, limited and revocable licence to access and use the Digital Download Product solely to produce one physical product per purchase of the Digital Download Product (Product Licence).

You must not: 

(a) use a single purchase of the Digital Download Product to produce multiple products or share or re-sell the Digital Download Product;

(b) access or use the Digital Download Product: 

1) except as permitted by the Product Licence;  or

2) in any way that is improper or breaches any laws, infringes any person's rights (including intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; 

(c) copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile any part of the Digital Download Product or otherwise attempt to discover any part of the source code of the Digital Download Product; and

(d) use any unauthorised, modified version of the Digital Download Product, including (without limitation) for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Digital Download Product.

2.3 Where the Digital Download Product includes embedded branding in the form of a website address (e.g., beach-weights.com) and/or model number, you must not remove, modify, obscure, or cover this branding in any way, including by placing additional writing or graphics over it. All physical products produced using the Digital Download Product must retain this branding clearly and visibly.

3. Third Party Inputs

3.1 Where you engage third parties to operate alongside the Digital Download Product (for example, any third-party software systems), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

4. Price and payments

4.1 You must pay us the purchase price of each Digital Download Product using one of the methods set out on the Purchase Platform (the Price). All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.

4.2 The payment methods we offer are set out on the Purchase Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

5. Intellectual Property

5.1 We retain all rights to the Digital Download Product (including copyright and trademarks). We retain all rights to any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any of our content on the Purchase Platform, and our products) (Our Intellectual Property). Our Intellectual Property will at all times vest, or remain vested, in us. 

6. Liability

6.1 Despite anything to the contrary, to the maximum extent permitted by law: 

(a) neither Party will be liable for indirect, special or consequential losses (including any loss of profits); 

(b) a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party (or any of its personnel), including any failure by the other Party to mitigate its loss; and

(c) our aggregate liability for any liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Digital Download Product to which the liability relates. 

7. General 

7.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.

7.2 Governing law: These Terms are governed by the laws of New South Wales.

7.3 Survival: Clauses 2, 5, and 6 will survive the termination or expiry of these Terms. 


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