EULA - Five Senses Education

LICENCE AGREEMENT

PLEASE READ THIS SOFTWARE LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE FIVE SENSES READER SOFTWARE. BY USING THE FIVE SENSES READER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT INSTALL AND/OR USE THE SOFTWARE.

IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce.

1. General. The Five Senses Reader software, documentation and fonts included in the Software (collectively the “Five Senses Software”) are licensed, not sold, to you by Five Senses Education Pty Limited (“Five Senses”) for use only under these terms.

Five Senses and/or Five Senses’ licensors retain ownership of the Five Senses Software itself and reserve all rights not expressly granted to you. Five Senses, at its discretion, may make available future updates to the Five Senses Software. The Five Senses Software updates, if any, may not necessarily include all existing software features or new features that Five Senses releases for newer operating system versions or other devices. The terms of this licence will govern any software updates provided by Five Senses that replace and/or supplement the original Five Senses Software product, unless such update is accompanied by a separate licence in which case the terms of that licence will govern such update.

2. Licence. You are granted a limited, non-transferable licence to use the Five Senses Software on any compatible device that you own or control as permitted by this Agreement and the specific terms and conditions of the app store from which you acquired the Five Senses Software (the “Usage Rules”).

3. Restrictions.

(a) Five Senses Software: Your licence does not allow you to use the Five Senses Software on any device that you do not own or control. You may not distribute the Five Senses Software, make it available over a network or, other than by you, allow it to be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Five Senses Software. You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Five Senses Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Five Senses Software). Any attempt to do so is a violation of the rights of Five Senses and its licensors, in violation of this Agreement and may be subject to prosecution and damages.

To the extent that the Five Senses Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the Five Senses Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Licence does not grant you any rights to use, display or publicly perform such content.

(b) Content in eBooks: You must not reproduce, sub-licence, assign, transfer, loan, sell, lease, rent, charge, modify, adapt, nor redistribute, the whole or any part of the eBooks you access with the Five Senses Reader. You must not remove or attempt to remove any copyright, trademark or other notices on any eBook product.

(d) Third Party Acknowledgements. Portions of the Five Senses Software may utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Five Senses Software, and your use of such material is governed by their respective terms.

4. Termination. The licence is effective until terminated. Your rights under this licence will terminate automatically without notice from Five Senses if you fail to comply with any term of this Agreement or your licence. Upon termination of the licence, you agree to stop using the Five Senses Software. Sections 7, 8, 9, 10, 11 and 12 of this Licence will survive any such termination.

5. Services; Third Party Materials. The Five Senses Software may enable you to access additional Five Senses and third party services and web sites. Five Senses makes no representation that any third party material, media or service is appropriate, accurate or available for your use at any particular location. To the extent you choose to access such third party materials, media or services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Five Senses, and its licensees, reserve the right to change, suspend, remove, or disable access to any third party material or service at any time without notice. In no event will Five Senses be liable for the removal of or disabling of such access. Five Senses may also impose limits on the use of or access to certain services, in any case and without notice or liability.

6. Five Senses Sync Service. The Five Senses Software enables access to Five Senses Sync Service that permits you to sync your reading location in ebooks across multiple devices on which the Five Senses Software is installed and authorised with the same user account. Such service may not be available in all countries. Use of the Five Senses Sync Service will ordinarily require Internet access. You agree not to repurpose, redirect or use the Sync Service in any manner except as intended to synchronize your reading and viewing of material between your devices. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sync Service, in any manner, or attempt to do so, and you agree not to exploit the Sync Service in any unauthorized way whatsoever, including but not limited to, by trespass or unnecessarily burdening network capacity. Sync Service may not be available on all Five Senses products.

7. Your Information. You acknowledge that if you choose to use the Five Senses Sync Service to sync your reading location between devices, information about the material you are reading and your use of the material will be sent to Five Senses. If you do not wish Five Senses to collect information about your device, books you are reading, or your usage of the books you are reading you may disable the Five Senses Sync Service feature at any time by tapping on the “disable Sync” button found in the “Info” screen of the Five Senses Software.

Five Senses and its licensors reserve the right to change, suspend, remove, or disable access to the Sync Service at any time without notice. In no event will Five Senses be liable for the removal of or disabling of access to the Service. Five Senses may also impose limits on the use of or access to the Service, in any case and without notice or liability.

8. Privacy Policy. At all times your information will be treated in accordance with Five Senses’s Privacy Policy which is incorporated by reference into this licence and can be viewed at: https://www.fivesenseseducation.com.au/privacy-policy

9. No Warranty. You expressly acknowledge and agree that use of the product and sync service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by law, the product and sync service performed or provided by the product are provided "as is" and "as available", with all faults and without warranty of any kind.

10. In addition to these disclaimers, you specifically RELEASE Five Senses from any liability based upon your claim that use of the Five Senses Software or Sync Service by you caused or enabled damages of any kind, including damages arising from data theft or loss, fraud, identity theft, loss of data protected by any privacy law or any monetary damages.

11. Limitation of Liability

(a) To the maximum extent permitted by law and save for the express written terms in this Licence Agreement, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Five Senses Software are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Services or the supply of equivalent Services or the cancellation of the Services.

(b) To the maximum extent permitted by law our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Services you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

(c) To the maximum extent permitted by law, in no event shall Five Senses be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever. We are not responsible for indirect losses (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of this agreement, such indirect losses including but not limited to: (a) loss of income or revenue (b) loss of business or business interruption (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data , or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

(d) Where you buy any Services from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

12. General Provisions.

Assignment. This Agreement is not assignable by you.

Complete Agreement. This Agreement represent the entire understanding of the parties with respect to the services provided under this Agreement and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this licence will be binding unless in writing and authorised by Five Senses.

Waiver. The waiver or failure of Five Senses to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.

Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.

Headings. The headings appearing herein are for convenience only.

Governing Laws and Venue. This Agreement shall be construed under the laws of the New South Wales, Australia without regard to its conflicts or choice of law principles. The parties consent to the exclusive jurisdiction and venue of New South Wales for any action arising from this Agreement. Five Senses will be entitled, in addition to any other rights and remedies it may have, to reimbursement for all expenses it may incur in connection with any such action, including costs and reasonable lawyers’ fees.

Language. Any translation of this licence is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this licence shall govern, to the extent not prohibited by local law in your jurisdiction.