MOBILE DATA STUDIO LICENCE 2001-2021 BY CLICKING THE "YES" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "NO" BUTTON. TERMINOLOGY AND DEFINITIONS OF THIS LICENCE AGREEMENT "SOFTWARE" - The "Mobile Data Studio" software program accompanying this licence agreement; encompassing base server side software, and mobile client device software. "LICENSOR" - The owner of the accompanying SOFTWARE, CreativityCorp Pty Ltd, ACN 084 900 069 / ABN 33 084 900 069, Postal address: CreativityCorp Pty Ltd, 8 Lakeway Retreat, Dawesville, Western Australia 6211, Australia. "LICENSEE" - The individual or organisation installing or using the SOFTWARE. "PROJECTS" - The applications files created using the SOFTWARE. ABOUT THIS AGREEMENT This document represents a legally binding agreement between you (the "LICENSEE") and CreativityCorp Pty Ltd (the "LICENSOR"), superseding all previous such agreements. The agreement is the written terms set out herein. SECTION I: GRANT a) Grant of LICENCE. The LICENSOR grants the LICENSEE a non-transferable and non-exclusive licence to use the SOFTWARE and accompanying materials including any documentation in accordance with the scope of grant. b) Scope of grant for "TRIAL MOBILE DATA STUDIO": Under this licence the LICENSEE is given the following rights: - For the purposes of evaluation, the LICENSEE may use the SOFTWARE on one (1) mobile device running Android, Apple iOS or Windows 10 operating system. - For the purposes of evaluation, the LICENSEE may use the base Mobile Data Studio SOFTWARE on one (1) Windows server, desktop, laptop or notebook PC. The LICENSEE may not: - Copy the SOFTWARE and distribute it to other parties without austhorisation from the LICENSOR. - Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE. - Remove any proprietary notices or this license agreement from the SOFTWARE. - PROJECTS application files developed by the LICENSEE are the property of the LICENSEE. However, the LICENSEE may not distribute the PROJECTS application files developed with "TRIAL MOBILE DATA STUDIO" SOFTWARE, either for sale or without a fee. - Continue to use this "TRIAL MOBILE DATA STUDIO" beyond the evaluation period, or attempt to extend the evaluation period by modifying the software. c) Scope of grant for non-trial "MOBILE DATA STUDIO ": Under this license the LICENSEE is given the following rights: - The LICENSEE may use the SOFTWARE on the number of mobile devices running Android, Apple iOS or Windows 10 operating system designated in the issued licence. - The LICENSEE may use the SOFTWARE on Windows server, desktop, laptop or notebook PCs, to the quantity specified on purchase of base Mobile Data Studio SOFTWARE. The computers may be part of a network of computers under the control of the LICENSEE. - The LICENSEE may make a copy of the SOFTWARE onto an appropriate storage medium for backup security purposes. - The LICENSEE may access all upgrades to the SOFTWARE at the mobiledatastudio.com web site. Upgrades made within 12 months of purchase of the SOFTWARE will be provided without a fee; a fee may be charged by the LICENSOR for upgrades beyond 12 months from the date of purchase. - PROJECTS applications files developed by the LICENSEE are the property of the LICENSEE. The LICENSEE may distribute the PROJECTS applications files developed with the SOFTWARE, either for sale or without a fee. - The LICENSEE may use the SOFTWARE with the Mobile Data Studio Cloud Relay ("MDS Cloud Relay") wireless connection service provided by the LICENSOR, for an annual subscription fee paid by the LICENSEE. The LICENSEE may not: - Copy the SOFTWARE and distribute it to other parties,without authorisation from the LICENSOR. - Translate, modify, decompile, disassemble or reverse engineer the SOFTWARE. - Remove any proprietary notices or this licence agreement from the SOFTWARE. SECTION II: TITLE The SOFTWARE is owned by the LICENSOR, CreativityCorp Pty Ltd. The LICENSOR will retain all title, ownership rights, copyright and intellectual property rights to the SOFTWARE and its accompanying materials. SECTION III: WARRANTY The LICENSOR warrants the SOFTWARE for 90 days from the date of purchase, the warranty extends to use of the SOFTWARE in accordance with documentation supporting the SOFTWARE. The LICENSOR will promptly attend to alleged specific defects or errors, subject to the LICENSOR providing sufficient description of the alleged defects or errors. If the LICENSOR cannot rectify the specific defects or errors identified by the LICENSEE, and the defect or errors substantially affect the performance of the SOFTWARE, then the LICENSEE is entitled to request a refund of the fee paid for the SOFTWARE, and the LICENSOR shall refund the fee. The SOFTWARE is not designed nor intended for use in high risk activities where the failure of the SOFTWARE could lead directly to death or injury of persons. The LICENSOR specifically disclaims any express or implied warranty of fitness for use of the SOFTWARE in these high risk activities. SECTION IV: LIABILITY Except as stated in Warranty, the LICENSOR is not under any liability to the LICENSEE in respect of loss or damage (including consequential loss or damages), however caused, which may be suffered or incurred, directly or indirectly, by the LICENSEE through use of the SOFTWARE and PROJECTS applications files developed with the SOFTWARE. The LICENSEE indemnifies the LICENSOR from any losses and liabilities incurred by the LICENSEE through use of the SOFTWARE and PROJECTS applications files developed with the SOFTWARE. SECTION V: TERMINATION This license will be automatically terminated if the LICENSEE fails to comply with all of the limitations described within. Upon termination of the license, the LICENSEE must destroy all copies of the SOFTWARE in the possession of the LICENSEE. SECTION VI: APPLICABLE LAW The LICENCE agreement is governed by the laws of the State of Western Australia, and the LICENSEE and LICENSOR agree to submit to the jurisdiction of the courts of the State of Western Australia. BY CLICKING THE "YES" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "NO" BUTTON.