This End-User License Agreement (“EULA”) is a legal agreement between ‘the user’ and ‘Austere Risk Group Pty Ltd’. The user agrees that this EULA is enforceable like any written negotiated agreement signed by the user. This EULA applies to web applications, software, services or any other materials made available by or on behalf of Austere Risk Group Pty Ltd to the user (together with the “Services”). Please read this EULA carefully. By clicking on the “accept” button below user agree to all the terms and conditions of this EULA. If the user does not agree to the terms of this license, we will not license the Services to the user and the user will not be able to use the Services.
Grant of license
In consideration of user agreeing to abide by the terms of this EULA, Austere Risk Group Pty Ltd hereby grants to the user a non-exclusive, personal, non-transferable license to use the Services for user’s personal non-commercial use subject to the terms of this EULA. This License does not grant any rights to obtaining future upgrades, updates or supplements to the Services. If upgrades, updates or supplements to the Services are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply.
User is prohibited from renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Services. Other than as permitted by applicable legislation, the user will not, and the user will not allow any person to, copy or modify the Services or any part thereof or to reverse engineer, decompile or disassemble the Services.
Copyright, intellectual, industrial and/or proprietary rights to the Services are owned by Austere Risk Group Pty Ltd and/or its suppliers. Austere Risk Group Pty Ltd permits the user to use the Services only by the terms of this EULA. All rights not specifically granted in this EULA are reserved by Austere Risk Group Pty Ltd. To the extent applicable, the user acknowledges that the user has no right to have access to the Services in source code or unlocked code or with comments.
The user acknowledges and agrees that the Services were developed at considerable time and expense by Austere Risk Group Pty Ltd and are confidential to and are a trade secret of Austere Risk Group Pty Ltd and/or third parties. The user agrees to maintain the Services in strict confidence and not to disclose or provide source code access thereto to any person without written permission from Austere Risk Group Pty Ltd.
Third-Party Software Licenses
The Services may make use of third party software. Notwithstanding Clauses 2, 3 and 4, the use of some third-party materials included in the Software may be subject to other terms and conditions. user hereby agrees to the terms and conditions for such third party software.
A) USER ACKNOWLEDGES THAT THE SERVICES HAVE NOT BEEN DEVELOPED TO MEET USER’S REQUIREMENTS AND THAT IT IS THEREFORE USER’S RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SERVICES MEET USER’S REQUIREMENTS. AUSTERE RISK GROUP PTY LTD DOES NOT AND CANNOT WARRANT THAT THE SERVICES OPERATE UNINTERRUPTED OR ERROR-FREE. THE USER SHOULD BE PARTICULARLY AWARE OF THE FACT THAT CALCULATION ERRORS MAY OCCUR WHEN USING SOFTWARE IN A NAVIGATION SYSTEM FOR INSTANCE CAUSED BY LOCAL ENVIRONMENTAL CONDITIONS AND/OR INCOMPLETE DATA. AUSTERE RISK GROUP PTY LTD DOES NOT WARRANT THAT THE SERVICES ARE CAPABLE OF INTER-OPERATING WITH ANY OTHER SYSTEM, DEVICE OR PRODUCT (E.G. SOFTWARE OR HARDWARE).
B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSTERE RISK GROUP PTY LTD AND ITS SUPPLIERS PROVIDE THE SERVICES “AS IS AND WITH ALL FAULTS”, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, WITH REGARD TO THE SERVICES, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT CONCERNING THE SERVICES.
C) AUSTERE RISK GROUP PTY LTD DRAWS USER’S ATTENTION TO THE FACT THAT, WHEN USING THE SERVICES, OBSERVING THE TRAFFIC REGULATIONS AND RULES (E.G. USE OF OBLIGATORY AND/OR REASONABLE AND SUITABLE SECURITY MEASURES, PROPER AND GENERALLY EXPECTED CARE AND ATTENTION IN THE GIVEN SITUATION, AND SPECIAL CARE AND ATTENTION DUE TO THE USE OF THE SERVICES) IS USER’S EXCLUSIVE RESPONSIBILITY. AUSTERE RISK GROUP PTY LTD SHALL NOT ASSUME (AND HEREBY EXPRESSLY DISCLAIMS) ANY RESPONSIBILITY FOR ANY DAMAGES OCCURRED IN RELATION TO THE USE OF THE SERVICES IN A MOTOR OR NON-MOTOR VEHICLE.
Limitation of Liability
- Neither Austere Risk Group Pty Ltd nor its suppliers shall be liable (whether in contract, negligence or anything else) to user or to any third party; (i) for any inability to use any third party equipment or access data, loss of or corruption to data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect); or (ii) for any indirect, incidental, consequential loss or damage whatsoever, in each case, arising out of the use of or inability to use the Services even if Austere Risk Group Pty Ltd has been advised of the possibility of such loss or damages.
- Notwithstanding any damages that user might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Austere Risk Group Pty Ltd and any of its suppliers arising from or related to this EULA shall be limited to the amount actually paid by user for the Services.
The user is aware that the application uses analytic software Firebase analytics by Google for the internal needs of its producer. The software can monitor and evaluate anonymously certain information about the user and the device. Such information is not stored, sent, shared nor used for advertisement purposes.
Without prejudice to any other rights, Austere Risk Group Pty Ltd may immediately terminate this EULA if the user fails to comply with any of its terms and conditions. The provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this EULA. Austere Risk Group Pty Ltd reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to the user or made available to the user through the use of the Services.
Links to Third Party Sites
Austere Risk Group Pty Ltd and other third parties involved in making the Services available to user (“Third Parties”) are not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services which are delivered by the Services or otherwise. Austere Risk Group Pty Ltd (and, as applicable, each of the Third Parties) is providing these links and access to third-party sites and services to use only as a convenience, and the inclusion of any link or access does not imply an endorsement by Austere Risk Group Pty Ltd or any Third Parties of the third-party site or service. Any use by the user of such links or third party sites and how the user uses such third party sites and links shall be user’s responsibility and at user’s risk and the user shall not use them in any illegal or fraudulent manner.
A party which is not a party to this EULA has no rights under the applicable legislation concerning the rights of third parties to rely upon or enforce any term of this EULA but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
This EULA (including any addendum or amendment to it which may be supplied with the Services and any other terms and conditions, if applicable, is the entire agreement between user and Austere Risk Group Pty Ltd relating to the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this EULA. To the extent that the terms of any Austere Risk Group Pty Ltd policies conflict with the terms of this EULA, the terms of this EULA shall govern. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This EULA and any disputes arising under or in connection with this EULA (including any non-contractual claims or disputes) are subject to Australian law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this EULA. All disputes arising out of this EULA (including any non-contractual claims or disputes) shall be settled by the Australian courts, which will have exclusive jurisdiction in respect of any such disputes. Should the user have any questions concerning this EULA, or if user desire to contact Austere Risk Group Pty Ltd for any reason, please visit Austere Risk Group Pty Ltd’s website at www.austererisk.com/contact.