This agreement is between ENERGEX Ltd ("ENERGEX") and you (the "Licensee") and these terms & conditions govern your use of the materials and may only be used by individuals who are of the age of consent in the jurisdictions in which they reside or corporations who have capacity to be bound by this agreement.
1. LICENCE GRANT AND TERMS
ENERGEX grants the Licensee a fee-free, non-exclusive, non-transferable, non-perpetual, limited-use license to use the material contained in this section of the ENERGEX web site in the manner out in paragraph 3, on the terms and conditions contained in this agreement. You shall not use the material for any purpose other than the uses permitted in this agreement. If you want to use the material for any other purpose, you must first obtain the appropriate licence from ENERGEX. We may audit your use of the material at any time. ENERGEX retains all ownership and intellectual property rights in the material. This license is limited to a period of one (1) month from the date of down loading the material.
The material whether images, photographs, artwork, video, audio, or text is owned by ENERGEX, and is protected by copyright laws. Subject to the rights granted to you under this agreement, you acknowledge and agree that the entire right, title, and interest in and to the material, shall remain with ENERGEX. The Licensee agrees use reasonable endeavours to protect ENERGEX’s rights in the material.
3. PERMITTED/RESTRICTED USE
ENERGEX grants to the Licensee a licence to use, reproduce, publish, exploit, communicate or broadcast the material, in any media, anywhere in the world provided that:
(i) the material may not be edited, cropped, altered, recompiled or modified in any way, whether in whole or in part;
(ii) the material may not be used to imply or state any unauthorised association with ENERGEX; and
(iii) the material may not be used for any Illegal or unlawful purposes.
In making use of the material the Licensee shall acknowledge of ENERGEX's rights.
4. DISCLAIMER OF WARRANTIES
To the extent permitted by the Trade Practices Act and relevant State legislation, the sole obligation of ENERGEX in relation to the material or any part, shall be under this agreement and all other warranties, conditions, representations and undertakings which may be lawfully excluded, limited or modified, are here by excluded, limited or modified to the fullest extent permitted by law and liability shall be limited to the obligations under this agreement, provided that should there be any inconsistency between this agreement and the provisions of legislation which cannot be so excluded, limited or modified, then the legislation shall prevail. In the event that the material is supplied to the Licensee as a `consumer' of goods or services within the meaning of that term in the Trade Practices Act as amended and/or similar State legislation, nothing in this agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred and has not been so excluded, restricted or modified. If the material the subject of the agreement is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 68A of the Trade Practices Act and similar provisions of relevant State legislation, then ENERGEX hereby limits its liability to payment of an amount equal to the lowest of:
(i) the cost of replacing the material or any part;
(ii) the cost of repair of the material or any part; or
(iii) the cost of having the material resupplied.
5. LIMITATION OF LIABILITY AND INDEMNITY
Subject to clause 4 above, ENERGEX has no liability to the Licensee in respect of any and all loss or damage whether arising in contract, tort (including negligence) or otherwise which may be suffered or incurred or which may arise directly or indirectly due to the Licensee’s use of the material.
ENERGEX shall not be liable to you or any third party for indirect, special, economic, consequential, or punitive damages including without limitation, damages for loss of business profits, business interruption, loss of business information, liabilities to third parties arising from any source, or other pecuniary loss, regardless of the nature of the claim, arising out of your use of, suitable for use or inability to use, the material.
The Licensee hereby indemnifies ENERGEX for any loss, damage or other liability incurred by the Licensor directly or indirectly as a result of a claim brought by a third party against ENERGEX in respect of the materials used by the Licensee.
ENERGEX may terminate this Agreement at any time. Upon termination of this Agreement, you shall cease use of the material, return all material to ENERGEX, and deliver to ENERGEX a written certification that you have complied with your termination obligations under this agreement.
7. ENTIRE AGREEMENT
This click-wrap or shrink-wrap license is the entire agreement and understanding between you and ENERGEX with respect to the subject matter hereof and supersedes all prior agreements, representations, negotiations, proposals, and understandings, whether written or oral, concerning the subject matter hereof.
8. AMENDMENTS AND MODIFICATIONS
This agreement may not be amended or modified except in a writing signed by authorized representatives of both parties to this Agreement.
9. GOVERNING LAW
This agreement shall be governed by the laws of Queensland. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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