License Agreement

This License Agreement is a legal agreement between you (either a sole trader, a partnership or a corporate legal entity) and SDKits (ABN 36 429 780 565). SDKits (referred to in these Terms and Conditions as “SDKits”, “us”, “we” or “our”) is the provider of software, licences and services accessible from the SDKits website (which are collectively referred to in this License Agreement as “SDKits Software”).

Please read this License Agreement carefully before completing the installation process and using SDKits Software. It provides a license to use the SDKits Software and contains warranty information and liability disclaimers.

If you register for a free trial of SDKits Software or are using the SDKits Software software unlicensed, this License Agreement will also govern that usage. By installing and/or using the SDKits Software, you are confirming your acceptance of the SDKits Software and agreeing to become bound by the terms of this License Agreement.

If you are entering into this License Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this License Agreement, do not install or use SDKits Software, and you must not accept this License Agreement.

These License Agreement terms also apply to any SDKits Software updates, supplements, Internet-based services, and support services for the SDKits Software, unless other terms accompany those items on delivery. If so, those terms apply.

By agreeing to this License Agreement you are also agreeing to the Terms and Conditions and the Privacy Policy of the SDKits Service.

License Grant

SDKits hereby grants you a personal, non-transferable, non-exclusive licence to use the SDKits Software provided with this License on a “single website” and in accordance with the terms of this License Agreement. A “single website” may have more than one domain and be installed on more than one server but must operate under the same business function. A “single website” will be defined based on configured license values in the SDKits Software.

You are specifically restricted from all of the following:

  • operating SDKits Software in any way that violates this License Grant;
  • publishing any SDKits Software material in any other media;
  • selling, sublicensing and/or otherwise commercializing any SDKits Software material;
  • using the SDKits Software in any way that is or may be damaging to the SDKits Software;
  • interfering with or circumventing any security feature of the SDKits Software or any feature that restricts or enforces limitations on use of or access to the SDKits Software;
  • using the SDKits Software contrary to applicable laws and regulations, or in any way may cause harm to the SDKits Software, or to any person or business entity;

Warranty Disclaimer

The SDKits Software is provided “AS IS” without warranty of any kind. SDKits disclaims and makes no express or implied warranties as to operation and specifically disclaims the warranties of fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SDKits Software is with you. SDKits does not warrant that the functions contained in the SDKits Software will meet your requirements or that the operation of the SDKits Software will be uninterrupted or error-free.

Intellectual Property and Ownership

SDKits shall at all times retain ownership of the SDKits Software as originally downloaded by you and all subsequent downloads of the SDKits Software by you. The SDKits Software (and the copyright, and other intellectual property rights of whatever nature in the SDKits Software, including any modifications made thereto) are and shall remain the property of SDKits.

SDKits reserves the right to grant licences to use the Software to third parties.

In the event that SDKits ceases active operation of its business or discontinues the licensing or maintenance of SDKits Software, the SDKits Software code repositories stored on GitHub will become public open source software projects licensed under the MIT license.

Support Agreement

If the SDKits Software is purchased with a “Support Agreement”, the Support Agreement is as follows:

  • Technical support will be available while the license subscription license is active.
  • Technical support will be available via the issue tracker and via email at support@sdkits.com. Response times for support enquiries will be within 48 hours of submission during work days (Monday to Friday).
  • Technical support can be arranged via a scheduled online phone/video call should the need arise.
  • Software bugs that are reported by the client will be verified by SDKits within 7 working days. If these bugs are verified as software bugs that exist within the SDKits Software they will be given a priority rating: Work around available, Normal, Critical. If a Critical issue is discovered, investigation of that issue will commence as soon as it is verified. If a Normal issue is discovered, investigation of that issue will commence within 7 working days of being verified. There is no guaranteed investigation timeline for bugs with a “Work around available” rating. There is only a guaranteed timeline investigating bugs, not for resolving bugs. There is no guarantee for investigating and resolving software bugs that exist outside of SDKits Software. Verified SDKIts Software bugs will be disclosed and reported on via the public issue tracker. A release milestone will be assigned to the bug report once the investigation identifies the cause and solution.
  • Feature requests are not included in the Support Agreement.

Modifications to SDKits Software

SDKits reserves the right to modify, suspend or discontinue, temporarily or permanently, the SDKits Software or any service to which it connects, with or without notice and without liability to you.

Termination

This License Agreement is effective from the date you first use the SDKits Software and shall continue until terminated. You may terminate it at any time upon written email notice to SDKits at software@sdkits.com.

This License Agreement will also terminate immediately if you fail to comply with any term of this License Agreement. Upon such termination, the licenses granted by this License Agreement will immediately terminate and you agree to stop all access and use of the SDKits Software. The provisions that by their nature continue and survive will survive any termination of this License Agreement.

Amendments to this Agreement

SDKits is permitted to revise this License Agreement at any time as it sees fit, and by using the SDKits Software you are expected to review this License Agreement on a regular basis. The online version can be found at https://sdkits.com/license.

Entire Agreement

These Terms constitute the entire agreement between SDKits and you in relation to your use of the SDKits Service, and supersede all prior agreements and understandings.

Governing Law

This License Agreement, and any dispute arising out of or in connection with this License Agreement, shall be governed by and construed in accordance with the laws of Australia.

_Last updated 2021-07-13