IMPORTANT: Please read the terms and conditions of product application set out below carefully prior to download, installation, copy or use. THROUGH DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE YOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS.
The software, as defined below, is protected by copyright, which is held by EVONDT.
Effective 14 September 2022
Licence to using EVO Tool is time-based and comes in three lengths, being 90, 180 and 365 days.
The term commences from the Commencement Date and stops at the conclusion of the term.
Users may extend the term by purchasing extension during the term.
All technical support and customer service from Evondt will end after the term expires.
Nothing in this EULA excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a consumer guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
In no event shall Evondt be liable (whether for breach of contract, negligence or for any other reason) for any loss arising from your use of the Software. This paragraph does not, and nothing in this EULA shall act to, exclude or limit our liability for death or personal injury resulting from our gross negligence or fraud.
The use of the Software comes with guarantees that cannot be excluded under the Australian Consumer Law. Where there is a failure to comply with a consumer guarantee, the User is entitled, and Evondt’s liability to the User is limited, to the re-supply of the Software, or the reasonable costs of having the Software re-supplied.
Evondt, including its officers, Directors, employees, agents and related companies that arise in connection with the use of the Software is not liable for any action the User may take as a result of any breach by the User of this EULA and by the User relying on any information (including misinformation) displayed in the Software.
The User will indemnify Evondt in respect of any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees on a solicitor/client basis) suffered or incurred by Evondt.
The User will defend, indemnify and hold harmless Evondt and its affiliates against all costs, expenses, losses, damages and claims made against Evondt arising from or related to any infringement or claim of infringement of any third-party’s intellectual property arising from the User’s or its users’ modification of the Software.
Evondt shall not be liable to any party for any consequential loss, loss of profits, loss of data, business interruption or any form of indirect loss.
Refunds may be granted on a discretional basis if the Software repeatedly fails to operate or cannot be installed, provided that every reasonable means to correct the issue has been applied. In such cases, the User should open a ticket to notify the customer service of EVO Tool about the issue and should provide all the necessary details to ensure that all possible means to solve the problem have been exhausted.