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 clicking “accept” or 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. This License may not be used for more than one website even if the website is running on the same installation (or AppDomain) as other websites; In this case one license per website is required.

You are specifically restricted from all of the following:

  • 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.

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.