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END USER LICENCE AGREEMENT - DOCUMENT ACCESSIBILITY TOOLBAR SOFTWARE

The person clicking the “I Agree” button on this page warrants and represents that they have the authority to:

    • enter into this EULA; and
    • agree to and accept the following terms and conditions;
  • on behalf of the registering organisation (“Registrant”).
  • THE SOFTWARE:
  • The DOCUMENT ACCESSIBILITY TOOLBAR SOFTWARE ("Software") is owned by VISION AUSTRALIA LTD ACN 108 391 831 ("Vision") and is protected under copyright and patent laws and international treaties.  The Software is licensed, not sold.  The Software is provided to the Registrant under the following End-User Licence Agreement, which defines what the Registrant may do with the software and contains limitations on warranties and/or remedies and other terms.
  • AGREEMENT:
    • This End-User License Agreement ("EULA") is a legal agreement between the Registrant and Vision ("we", "us" or "our") for the Registrant’s use of the Software.  By installing or otherwise using the Software within its organisation, the Registrant agrees to be bound by the terms of this EULA and the Registrant represents and warrants that it will abide by all its terms and conditions, just as if the Registrant had signed it.  The terms of this EULA also apply to any updates and supplements to the Software.
    • If the Registrant does not agree to the terms of this EULA, do not install or use the Software. 

2.         RESTRICTED LICENCE:

    • In consideration for the Registrant’s agreement to the terms of this EULA, and strictly subject to the restrictions on the Registrant’s use of the Software that are set-out at Clause 2(b) of this EULA, Vision grants the Registrant a restricted, non-exclusive, revocable, non-sublicensable, non-transferable licence, to access, download, install and use the most current generally available version of the Software (including all updates) on a single computer network, server or processor, owned or leased by the Registrant solely for the lawful use of the Registrant and its employees, contractors and/or volunteers, as the case may be (Restricted Licence).
    • In relation to the Restricted Licence:
      • The Registrant acknowledge that Vision owns all right, title and interest, including without limitation all intellectual property rights, in and to the Software and that neither the Registrant nor any of its employees, contractors and, if applicable, volunteers shall acquire any right, title or interest in or to the Software, except the limited licence set out in this EULA.
      • The Restricted Licence permits only the Registrant and its employees, contractors and volunteers to use the Software.
      • Without the prior written consent of Vision, which consent may be withheld in Vision’s sole discretion, the Registrant is not permitted to, and the Registrant agrees not to, and to ensure that its employees, contractors and volunteers do not:
        • reverse engineer decompile, disassemble the Software for any purpose;
        • modify or create derivative works of the Software (or any part of it);
        • remove or alter any copyright, trademark or other proprietary rights notices contained in the Software.
        • sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Software, any portion of it or any accompanying documentation to any third party;
        • train persons to use the Software, or publish training or tutorial works in relation to the Software (or any part of it); or
        • cause, assist or permit any third party (including an end-user) to do any of the foregoing.
      • Where the Registrant has, in breach of this EULA, created intellectual properties howsoever derived from the Software (or any part of it), or failed to ensure that its employees, contractors and volunteers have not created any such intellectual properties, the Registrant agrees to irrevocably assign or procure the assignment of any rights in relation to those intellectual properties to Vision, without compensation or consideration of any kind.
  • UPDATES:
    • Vision reserves the right to add or remove features or functions to the existing Software. 
    • The Registrant understands that we may require its review and acceptance of our then-current End-User Licence Agreement before it will be permitted to use any subsequent versions of the Software.  The Registrant acknowledges and agrees that we have no obligation to make available to the Registrant any subsequent versions of the Software.
    • Vision may, at its absolute discretion, cease distributing, supporting, or updating the Software, upon which this EULA will immediately terminate in accordance with Clause 4.
  • TERMINATION:
    • Vision may at any time, and at its absolute discretion:
      • revoke the Restricted Licence; and
      • terminate this EULA.
    • Vision, in its sole discretion, may modify or discontinue or suspend the Registrant’s Restricted Licence to use the Software at any time.
    • Vision, with or without any reason, may at any time suspend or terminate the Restricted Licence and disable the Software or any of its component features. 
    • Where this EULA has been terminated, for any reason, the Registrants obligations in relation to the Software pursuant to this EULA, including but not limited to Clauses 2 and 3 above, shall continue in perpetuity, and shall not be extinguished upon the termination of this EULA.
  • LIMITATION OF WARRANTIES AND LIABILITY:
    • To the fullest extent permitted by law:
      • any representation, warranty, guarantee or undertaking that would be implied in this EULA by law or custom is excluded;
      • Vision shall not be liable to the Registrant (or any third-party) for:
        • economic loss, business interruption, loss of revenue or profits, other indirect or consequential loss, arising from any use of the Software;
        • an act or omission by a party for whom Vison is not responsible in law, howsoever concerning any use of the Software;
        • any loss arising from circumstances beyond Vision’s reasonable control howsoever arising from any use of the Software; or  
        • any loss howsoever arising from the termination of this EULA, or the suspension, disabling of the Software by Visio, or the cessation of support, updates, or development of the Software by Vision.
  • INDEMNIFICATION:
  • The Registrant agrees to, and hereby does, indemnify, defend and hold harmless Vision and its officers, directors, employees, consultants and agents from any and all harm, loss, damage, liability, claim, demand or action (including, without limitation, any indirect or consequential loss or damage) suffered by Vision (including, but not limited to, legal fees) arising from or in connection with the Registrant’s breach of this EULA, or the Registrant’s unlawful, wilful or negligent act or omission. 
  • GENERAL TERMS:
  • Entire Agreement:
    • This EULA is the entire agreement between Vision and the Registrant concerning the Software, and it supersedes any other EULA or discussions, oral or written, and may not be changed except by a signed agreement.
  • Jurisdiction:
    • This EULA shall be governed by the laws of Victoria and is subject to the jurisdiction of the courts of Victoria.
  • Waiver and severance:
    • The failure by Vision to enforce any provision of this EULA shall not be treated as a waiver of that provision, nor shall it affect Vision’s right to subsequently enforce that provision.
    • If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, then that provision must be read down (to the point of severance if necessary) and shall not affect the validity and enforceability of any remaining provisions.
  • Ambiguity:
    • Where any term or expression in this EULA is ambiguous, that term or expression shall not be interpreted in a manner more favourable to a party on the basis that any other party to this EULA has prepared that term.
  • PRIVACY:
  • In addition to agreeing to the terms of this EULA, the Registrant also:

If the Registrant has any questions about this EULA or wishes to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:

Digital Access
Vision Australia
4 Mitchell Street, Enfield, NSW 2136
1300 367 055
[email protected]