Beautiful, intelligent course management

Software Licence

Clearsoft Quickulum Licence Agreement v1.0
Copyright © 2022 Clearsoft Pty Ltd

  1. Clearsoft Pty Ltd (CLEARSOFT) hereby grants you a non-exclusive licence to use the software “Quickulum” which consists of includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product (the SOFTWARE).
  2. By installing the SOFTWARE you agree to be bound by the terms of this licence.
  3. By accepting the SOFTWARE licence, you also agree to accept and install any and all updates which may become available in the future as these updates may contain critical security updates.  The licence Agreement extends automatically to any future updates of the SOFTWARE.
  4. Title, copyright, intellectual property rights and distribution rights of the SOFTWARE remain exclusively with CLEARSOFT. Intellectual property rights include the look and feel of the SOFTWARE. This Agreement constitutes a licence for use only and is in no way a transfer of ownership rights to the SOFTWARE.
  5. The SOFTWARE may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.  Derivative works must not be made based on the SOFTWARE.
  6. The SOFTWARE may only be loaded onto one computer
  7. A single copy of the SOFTWARE may be made for backup purposes.
  8. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  9. The Licensee may not rent, lease, transfer or otherwise transfer rights to the SOFTWARE.
  10. The Licensee may not remove any proprietary notices or labels (physical or electronic) from the SOFTWARE.
  11. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.
  12. The Licensee must provide a valid email address for licensing purposes upon installation of the SOFTWARE.  CLEARSOFT may use this email to provide critical information to the Licensee from time to time.
  13. CLEARSOFT does not warrant that use of the SOFTWARE will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
  14. CLEARSOFT warrants and represents that it is the copyright holder of the SOFTWARE. CLEARSOFT warrants and represents that granting the licence to use this SOFTWARE is not in violation of any other agreement, copyright or applicable statute.
  15. No user support or maintenance is provided as part of this Agreement.
  16. The term of this Agreement will begin on Acceptance and is perpetual.
  17. This Agreement will be terminated, and the Licence forfeited if the Licensee fails to comply with any terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the SOFTWARE or return the SOFTWARE to the Vendor
  18. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Queensland for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Queensland.
  19. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  20. This Agreement does not create or imply any relationship in agency or partnership between CLEARSOFT and the Licensee.
  21. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  23. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  24. The copyright notice and this permission shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.