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Terms and Conditions

 

Formula Calculator Pty Ltd, as the FC Products' Copyright Owner, hereby permits the free use of screenshots or screencasts of the FC Products, and of any derivative works, on web sites, and in printed or on-line documents, including but not limited to reports, training materials, user manuals, text books and encyclopedias.

License Agreement

By downloading, running or using any Formula Calculator Product (“FC Product”) software you are agreeing to the following Terms and Conditions.

This software license agreement ("The License") applies to the FC Product software for which you are purchasing a license ("The Software"). Please read The License carefully. By downloading or continuing to use The Software, you are agreeing to be bound by the terms of The License. If you do not agree to the terms of The License, do not purchase a license for The Software. If you do not agree to The License, you are not permitted to install or download or use any software from Formula Calculator Pty Ltd.

 

1)      You have either downloaded, or had the opportunity to download, FC Free, to see if The Software runs adequately on the computer on which you intend to install The Software, and you acknowledge that there can be no refund of the purchase price if it does not.

2)      You acknowledge that the copyright in The Software and its associated documentation is the property of Formula Calculator Pty Ltd.

3)      The Software is licensed, not sold, and Formula Calculator Pty Ltd licenses you to use The Software on a non-exclusive basis, on the terms of The License. Unless otherwise agreed with Formula Calculator Pty Ltd, you may install and use one copy of The Software on one computer for each license purchased. You must not install The Software on any computer for which you have not purchased a license, and you must not allow anyone else to install The Software on a computer for which a license has not been purchased.

4)      You may not modify, decompile, disassemble, reverse engineer, or create derivative works of The Software, or create or distribute instructions or software which modifies The Software.

5)      You agree that the use of The Software is at your own risk. You agree that the use of results from The Software is solely your responsibility. You must regularly backup all important data.

6)      Whilst The Software has been very carefully designed and developed by professionals with decades of development experience, and whilst extensive quality control and testing has been carried out, it is not guaranteed to be free from defects.

7)      Subject to clause 10, Formula Calculator Pty Ltd provides no warranty or guarantee in relation to The Software. No oral or written information or advice given by Formula Calculator Pty Ltd or a representative of Formula Calculator Pty Ltd will create such a warranty. Formula Calculator Pty Ltd does not guarantee or warrant that:

a)      The Software will be error-free or fault-free or reliable, or otherwise of merchantable quality.

b)      The Software is suitable for a particular purpose.

c)      The Software will not damage or interfere with other software or equipment.

d)      The Software will meet your requirements.

e)      Defects in The Software will be corrected (although it will be a priority to correct any defect of which Formula Calculator Pty Ltd becomes aware in future updates).

f)        The Software is secure.

8)      Subject to clause 10, Formula Calculator Pty Ltd is not responsible or liable for any loss, cost, injury or damages (including for loss of profits, loss of data/information, business interruption or any other direct, indirect or consequential damages or losses) caused by or related to The Software, or your use of, or inability to use, The Software. Formula Calculator Pty Ltd's liability to you (if any) in relation to The Software is limited to the amount you actually paid for The Software.

9)      Subject to clause 10, Formula Calculator Pty Ltd does not make any warranty or representation about the security of The Software.

10)  Subject to this clause, Formula Calculator Pty Ltd excludes any terms which would otherwise be implied into this agreement. If a term is implied by law, and cannot be excluded, then Formula Calculator Pty Ltd limits its liability under such term to the maximum extent allowed by law.

11)  If The Software includes the ability to copy, duplicate or reproduce electronic data or information, then you agree that you will carefully monitor any data or information that you copy/duplicate/reproduce and ensure that in doing so you do not infringe any copyright. You will hold Formula Calculator Pty Ltd harmless from any liability to others resulting from your use of The Software.

12)  You may terminate The License at any time. Your rights under The License will also terminate automatically without notice from Formula Calculator Pty Ltd if you fail to comply with any term(s) of The License. Upon termination of The License you must cease all use of The Software and destroy all copies of The Software.

13)  If you commence any legal action against Formula Calculator Pty Ltd The License terminates along with all rights granted to you by The License.

14)  If Formula Calculator Pty Ltd issues you with a purchase certificate or serial number, you must keep it private and not make it publicly available. Formula Calculator Pty Ltd reserves the right to cancel a certificate or serial number that has been released to the general public or to any non-purchasing individual.

15)  If any part of The License is declared unenforceable by a court of law, the remainder will continue in full force and effect.

16)  The License is the entire agreement between the parties and supersedes any previous understandings. No modification of The License will be binding unless it is in writing and signed by Formula Calculator Pty Ltd.

17)  The License will be governed by the laws of Australia.