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SYSTEM USER NOTICE

Ownership

1. You acknowledge that CDATA Systems Pty Ltd ACN 107 370 294 (the Company ) owns all intellectual property rights which are at any time protected by statute or common law, including patents, engineering certifications, processes, copyright and any registered intellectual property rights, registered designs, trademarks and goodwill; any websites including content loaded onto such website including source codes, algorithms and formulas used to compile databases; product information including categories and item numbers; the design, layout and the look and feel of the website; any platforms and scripting; images; technical data sheets; and any other data or information loaded onto the site; and any application or right to apply for registration of any of these rights, and whether in Australia or overseas that arise from the system known as ‘CDATA’ (the System ), this website ( the Website ) and any other related materials including user manuals regarding the operation of the System (collectively “ the Intellectual Property ” ).

User Access

2. Access to the System does not transfer or grant to you any right title or interest in the Intellectual Property. Title to the Intellectual Property (including any modifications, enhancements or developments made to the System whether or not made by you or at your request), remains at all times vested in the Company.

3. You declare that:

a. You have been granted authority to access the System by a person who holds a valid licence to use to the System (the Licensee ) ;

b. You will only access the System for the purposes specified in any licence granted by the Company to the Licensee:

4. You acknowledge that by accessing the System, you are in no way authorised to grant access to or use of the System to any third party.

Intellectual Property

5. You agree:

a. not to decompile, copy, disassemble, reverse engineer or otherwise attempt to derive or use the Source Code from the System or any of the Intellectual Property;

b. not to copy or engage any third party for the purposes of copying the functional operation of the System or any other Intellectual Property, including without limitation the “look and feel” of the user interface, the logical sequence of operations and commands of the System and its’ on screen graphic style, colours, and content;

c. not to develop or engage any third party for the purposes of developing a system similar to or which could potentially compete with the System;

d. not to sell, rent, lease, licence, display, time share or otherwise transfer any part of the System to, or permit the use of any part of the Intellectual Property (including System) by, any third party;

e. to preserve the confidential nature of the Confidential Information (including Intellectual Property Rights contained within the System), and to use reasonable care to prevent the unauthorised use, copying, publication or dissemination of any part of the System, the Intellectual Property and the Company’s Confidential Information;

f. not to alter, enhance, adapt, develop or modify any part of the Intellectual Property (including the System) or attempt to do any of those things or procure a third party to do or attempt to do any of those things;

g. to take all steps necessary to safeguard and keep the Intellectual Property confidential and store such information in a secure manner;

h. not to knowingly disclose or grant access to the Intellectual Property (including the System) or any part of it to any third party who may, or has the capacity to contravene sub clauses (a) to (g) above; and

i. not to permit or allow any third party to do anything which, if committed by you, would be a breach of any one or more of the sub clauses (a) to (g) above.  

6. For the purposes of this notice

Confidential Information means all information relating to the Company’s business, products, customers or suppliers whether furnished in writing, orally or in any physical, or electronic configuration, which might be considered confidential by a party or which a party has expressly declared to be confidential and which is not in the public domain including without limiting the generality thereof, all technical data, any software specifications and diagrams, information regarding the computer code comprising composition, organisation, and method of delivery of Confidential Information, information concerning or connected with the Company’s Intellectual Property, designs, trade secrets and know-how, techniques and processes, the System or the Intellectual Property, unpublished financial reports, sales and marketing information, unpublished information regarding the subject matter of future projects, design applications, any supplier lists and information relating to Company’s supplier, customer lists and information relating to the business of Company.

Source Code means computer programs in un-compiled human-readable English language format, which comprise the System

NOTICE:

Please read the access terms very carefully. Once you have read, understood and you agree to be bound by those terms, please click “I agree” when prompted.

By clicking on ‘I Agree” when prompted you are accepting these terms and agree to enter into a legally binding contract with the Company. If you do not accept or understand these terms then do not request or otherwise accept access to the System