By using the Rice
Studios software, you agree that your use of the Rice Studios software and any
documentation (the "Software") is governed by the terms set out below and that
these terms form a Licence Agreement between you and Rice Studios Pty Ltd ("Rice
Studios").
1. LICENCE:
Under this Agreement you acquire a non-exclusive, non-transferable licence
to use the Software on the terms of this Agreement.
2. OWNERSHIP:
Rice Studios retains all the intellectual property and other ownership
rights in the Software.
3. PAYMENT:
In return for the licence to use the Software, you must pay to Rice
Studios the licence fee specified at the www.ricestudios.com.au website.
4. DELIVERY, INSTALLATION & ACTIVATION:
Rice Studios will provide access via the www.ricestudios.com.au website
for you to download the Software. You will be responsible for installing
the Software. Payment of the licence fee entitles you to install the
software for use with one domain (one website). If you would like to use
our product with more than one domain, you must purchase another Rice
Studios license. You MUST:
a) use the Software strictly in
accordance with the terms and conditions of this Agreement and in
accordance with any procedures, instructions and guidelines issued by Rice
Studios;
b) only install and use the
Software in respect of one domain name;
c) pay all fees, taxes and levies
arising from your licence of the Software;
d) take all reasonable steps to
prevent a breach of this Agreement; and
e) immediately notify Rice
Studios if you become aware of any breach or potential breach of this
Agreement.
5. YOUR OBLIGATIONS:
You MAY:
f) alter, modify or delete
information or data contained in the Software or add any information or
data to the information or data contained in the Software for the purpose
of customising your website that this license allows;
You MUST NOT:
g) without the prior written
consent of Rice Studios copy, reproduce or translate the Software or do
any act which infringes the copyright in the Software other than as part
of the technical process of installing the Software or developing
websites;
h) create a derivative work from
the Software by any means;
i) decompile, disassemble or
reverse engineer the Software;
j) alter, modify or delete any
copyright information or data contained in the Software or add any
information or data to the information or data contained in the Software
which changes the copyright or intellectual property ownership of the Software;
k) cause or permit any unauthorised act in
relation to the Software to occur.
6. BACK UP COPY:
You may securely retain a copy of the Software on disk solely for the
purpose of data back up and restoration.
7. INSPECTION:
You will permit Rice Studios or its representatives to enter your premises
at any reasonable time for the purpose of verifying your compliance with
the terms of this Agreement.
8. ENQUIRIES:
Payment of the licence fee under this Agreement entitles you to ask
questions about the use and operation of the Software by emailing such
questions to
Nothing in this clause obliges Rice
Studios to provide support and maintenance services in respect of the
Software. Any support and maintenance services will be provided by Rice
Studios at its current rates for support and maintenance services.
9. LIABILITY:
You acknowledge that in entering into this Agreement you have not relied
in any way on Rice Studios' representations, description, illustrations,
specifications, skill or judgment and that you have satisfied yourself as
to the condition and suitability of the Software for your purposes. All
express and implied conditions, warranties or liabilities (including
liability as to negligence) regarding the condition, accuracy, suitability
or quality of, or title to, the Software are negated and excluded. Rice
Studios gives no condition, warranty, undertaking or representation in
relation to the condition, accuracy, suitability or quality of, or title
to, the Software (including any data contained in or supplied in relation
to it or reports generated or produced by or with the aid of it). You
acknowledge and agree that Rice Studios is not liable for any loss or
damage, including consequential loss or damage, which in any way results
from your use or non-use of the Software (including as a result of any
malfunction, breakdown or error in the Software). You will indemnify Rice
Studios and keep Rice Studios indemnified against all and any demands,
claims, actions and proceedings whatsoever and howsoever arising made by
any third person in connection with or arising out of your use of the
Software and all and any losses, costs, expenses and damages whatsoever
and howsoever incurred by Rice Studios in connection with or arising out
of a breach by you of any provision of this Agreement. You acknowledge and
agree that all Rice Studios products and services are non-refundable and
non-transferable. Nothing in this Agreement excludes, restricts or
modifies any condition, warranty, right or remedy which is conferred on
you by consumer protection legislation in force in any jurisdiction where
this Agreement is executed and which is not permitted to be excluded,
restricted or modified. Where Rice Studios breaches a condition or
warranty which has been implied by such legislation, its liability for
breach will be limited to (where permissible by the legislation): in the
case of supply of goods: the replacement of the goods or the supply of
equivalent goods, or the repair of the goods, or the payment of the cost
of replacing the goods or of acquiring equivalent materials, or the
payment of the costs of having the goods repaired; and in the case of the
provision of services: the supplying of the services again, or the payment
of the cost of having the services supplied again, whichever Rice Studios
sees fit to provide.
10. TERMINATION:
Rice Studios may immediately terminate this Agreement if you breach any
term or condition of this Agreement or any provision of this Agreement is
held invalid by a court or is severed by operation of law. You may
terminate this Agreement at any time without notice to Rice Studios. If
this Agreement is terminated (whether by you or Rice Studios), you must
immediately stop using the Software, permanently erase the programs and
all related files and data from your computer and, at your cost,
immediately return all copies of the Software to Rice Studios. Rice
Studios will not be liable to refund any part of the licence fee if this
Agreement is terminated.
11. ASSIGNMENT:
You may not assign, transfer, encumber, mortgage or licence all or any
part of this Agreement or any of your rights, benefits or obligations
under it in any way without the prior written consent of Rice Studios. Rice
Studios may assign any of its rights, benefits or obligations under this
Agreement to any other person.
12. WAIVER:
Failure or neglect by either party to enforce at any time any of the
provisions of this Agreement is not to be construed or deemed to be a
waiver of that party's rights under this Agreement.
13. GOVERNING LAW:
This Agreement is governed by and to be construed in accordance with the
laws of Victoria, Australia. The parties
irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
14. INTERPRETATION:
This document contains the entire understanding
between the parties as to the licence of the Software. The expiration or
termination of this Agreement does not affect the rights of either party
against the other in respect of anything done or omitted to be done under this
Agreement prior to the expiration or termination or any sums or other claims
outstanding at the time of expiration or termination. A reference to a person
includes a reference to a firm, corporation or other corporate body.
Rice Studios Product
Licence Agreement Version 1.0
18 October 2006
