Please read this document carefully before purchasing Tall Emu CRM (“SOFTWARE”). By purchasing the SOFTWARE, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, do not purchase the software.
This is a legal CONTRACT between “You” (either as an individual user, corporation or single entity) and Tall Emu Pty Ltd (Tall Emu), the developer of the SOFTWARE.
A software license issued by Tall Emu (or its authorized agents or partners) is required for each user of the SOFTWARE. Your licence grants a user the right to use and operate the software subject to the limitations of this agreement.
The licence does not include any services, including but not limited to configuration, troubleshooting, setup and support. You may enter into a separate arrangement with Tall Emu or a Tall Emu partner to receive these services.
Once ordered a licence is non-refundable.
By installing and using Tall Emu CRM on your computer, you agree to hold harmless Tall Emu from any loss, direct or consequential damage, or claim incurred by you resulting from reliance upon the results obtained through the use of the SOFTWARE. If you disagree with any of these terms, do not purchase or install this software, and remove the SOFTWARE together with all copies of it from your computer if it is already installed.
GRANT OF LICENSE
The SOFTWARE license gives you certain limited rights to use the Software. You do not become an owner the SOFTWARE and Tall Emu retains title to all the Software, Software Copies and Related Materials.
Subject to the payment of the licence fee, Tall Emu grants you the right to use this SOFTWARE as follows:
- You may not lend, give, rent, lease, sub-license and transfer the LICENSED SOFTWARE and related materials to other parties without the written permission of Tall Emu.
- You may not alter, disassemble, de-compile, reverse engineer, duplicate or create a derivative work with the same “look and feel” or otherwise use the SOFTWARE except as stated in this License agreement.
- This SOFTWARE must only be used under the conditions and on operating systems for which the SOFTWARE was designed.
- This SOFTWARE must only be used under the conditions of your license. This may limit the number of users (concurrently using the system or active) or client machines or the duration that the software will work (for subscription based licences)
- The licenses can be revoked without the option of a refund if the License Agreement is not adhered to and prosecution may be instigated.
- You may only use the software for the subscription period. The subscription period starts on the day the software is purchased, or, if you engage Tall Emu to perform the installation on the date that it is first installed and if not extended ends after 12 months.
- Access to the licences may be suspended for non-payment and no credit or refund will be provided for this period.
The SOFTWARE is owned by Tall Emu and is protected by International copyright laws and treaty provisions.
PROVISION OF UPDATES
- From time to time Tall Emu may release updates to the SOFTWARE.
- Subscription Licence Holders are eligible to receive these updates as long as their subscription remains up to date.
- Unless Tall Emu is hosting the SOFTWARE it is the responsibility of the customer to arrange for the installation and testing and configuration of updates.
- Tall Emu or a Tall Emu Partner may provide installation and testing services at an additional fee, where required.
- Tall Emu does not guarantee that customisations made to your version of the SOFTWARE will work after an update, and you may need to re-engineer or re-work your customisations which may attract additional fees.
- Tall Emu reserves the right to withhold updates or access to the SOFTWARE where any fees are overdue to Tall Emu for any reason.
COMPATIBILITY WITH THIRD-PARTY SOFTWARE
- Tall Emu cannot guarantee that software we integrate with, including but not limited to accounting software will not change in future versions, breaking compatibility between the SOFTWARE and the third-party software.
- The third-party software may have limitations which Tall Emu may not be aware of which limit the full ability of the SOFTWARE.
- The third-party vendor may release an update which breaks compatibility, or change their technical interface in such a manner that makes it impossible or impractical for the SOFTWARE to interface with it.
- Under no circumstances will Tall Emu be liable for any limitation or issue with a third-party software.
BACKUP OF DATA
Tall Emu is not responsible for backup copies of client databases or other data files (such as documents or configuration). Tall Emu recommends that clients take regular backups of their CRM database and files to avoid data loss.
Support will only be provided on licensed software and only on the two most current versions. Support is not included in your licence fee and can be arranged separately as required.
LIMITED WARRANTY / LIMITATION OF LIABILITY
This SOFTWARE is provided and licensed AS IS. In no event will Tall Emu be liable for damages, including any loss of profits or other incidental or consequential damages arising out of your use of or inability to use the SOFTWARE. No refunds will be provided after purchase of software.
Tall Emu reserves the right to change the license agreement of the software. Tall Emu reserves the right to change the product as it sees fit, including but not limited to removal, adding or changing features in new versions. Tall Emu reserves the right to change prices without notice.
Additional Terms for Pay By the Month
1. Nature of agreement
The subscription to Tall Emu CRM is an annual agreement to which Tall Emu allows you a pay-by-the-month option, subject to the provision by you of an ongoing Direct Debit Authority.
All use of the Tall Emu CRM software remains subject to the terms of the standard Tall Emu CRM licence.
If you so choose, your Service may also include Additional Packages, add-on programs and services, or support offerings that Tall Emu makes available from time to time.
If charges apply for these additional services, you authorise us to charge any payment for these services to your Account in accordance with this Agreement.
2. When does your agreement begin?
This Agreement starts when you sign the application, or agree to take up the Tall Emu CRM subscription by phone or online.
The fixed term of 12 months (and charges) begins on the date that the CRM software is first purchased, or if you engage Tall Emu to install, on the date we installed or activated your software, or if the software is already installed and then the fixed term begins on the date that the existing subscription ends and the new one begins, or on a date otherwise agreed between you and Tall Emu.
3. How long is the term of your subscription?
We will provide you with the Tall Emu Service for 12 months when you subscribe to the Service.
On the anniversary of the agreement, this agreement will automatically renew for another year and we will continue to provide you with the Service on the terms of this Agreement until you or we end it, except in a case where you were provided with promotional or special offer pricing in which case we will provide you with the service at the then-current price for the software package you purchased.
4. When does your agreement end?
The Tall Emu CRM subscription is an annual agreement, and you can end your subscription to the Tall Emu Service by providing us with 30 days’ notice prior to the anniversary of the agreement. You will not receive a refund of any amounts paid.
We can end this Agreement and stop providing you with, the Tall Emu Service at any time if:
- you breach this Agreement or the Tall Emu Software Licence agreement(including not making payments) and if the breach is able to be remedied, you do not remedy the breach within a reasonable period of receiving notice from us requiring you to do so; or
- we are unable to continue to provide the Tall Emu Service to you due to legal, regulatory or technical reasons.
5. What happens when your agreement ends?
Subject to the following paragraph, when this Agreement ends, you must pay us for the Tall Emu Service received in full to the date on which this Agreement ends, as well as any other fees or charges which you are required to pay.
6. Outstanding fees
We will calculate all of the fees and charges that you owe us when this Agreement ends. You authorise us to deduct this amount from your nominated bank, credit union or credit card account.
Despite the cessation of your Tall Emu Service, this Agreement will continue until, and only terminate after you comply with this subclause 6.
7. Suspension of Service
If you fail to make payments under this agreement, You agree that we can suspend your access to CRM until the account is brought up to date, and that you will receive no credits or refunds for any time when the CRM was inaccessible.