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CASEFOLIO CONVERTER™ Software Terms and Conditions

Welcome to CASEFOLIO CONVERTER™ (the “Software”). These are our Terms and Conditions for use of the Software. These Terms and Conditions apply whenever you access or use the Software. By installing, accessing or using the Software you will be deemed to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use the Software.

Please note:

Use of the software

  1. Corrs Enterprises Pty Ltd (ABN 15 159 476 721) (“CE”) is the owner and operator of the Software and is solely responsible for the Software and its content.

  2. Users of the Software (“you”) agree to be bound by these Terms and Conditions, which are subject to change at CE’s sole discretion. By downloading, accessing or using the Software, you agree to be bound by these Terms and Conditions, as they exist at that time.

  3. The Software is distributed by DR myCommerce, Inc., of 10380 Bren Road West, Minnetonka, Minnesota 55343, United States of America (doing business as “eSellerate”) under agreement with CE. These Terms and Conditions apply in addition to any terms and conditions imposed by eSellerate.

  4. These Terms and Conditions apply between you and CE only, and not between you and eSellerate or any of its subsidiaries.

  5. CE may at any time (without prejudice to its other rights or remedies) immediately terminate the Software licence granted to you in the event that you fail to comply with these Terms and Conditions or any terms and conditions imposed by eSellerate.

CASEFOLIO CONVERTER™ licence

  1. The Software CASEFOLIO CONVERTER™, allows you to access and convert documents in various load file formats for use with the Full Version of the CASEFOLIOTM application.

  2. Subject to this paragraph 7, you may use your selected version of the Software to access and convert documents (in the file formats permitted by that version) for use with the CASEFOLIO™ application by you or your related entities. Your use of the CASEFOLIO™ application and the Software is subject to the CASEFOLIO™ iPad App Software Terms and Conditions, including the requirement to purchase the document upload upgrade for the CASEFOLIO™ application to enable uploading of documents to the CASEFOLIO™ application. Such documents will be deemed to be Content. CE does not authorise you to convert any Content. It is your responsibility to obtain any necessary permissions under copyright laws or any other laws. You warrant that you have all necessary rights to access and convert the Content.

  3. Content converted using the Software cannot be used with the CASEFOLIO™ application unless the document upload upgrade has been purchased for that copy of the CASEFOLIO™ application.

  4. Subject to your compliance with these Terms and Conditions, CE grants to you a nonexclusive, non-transferable, non-sublicensable licence to download, access and use your selected version of the Software on one computer or other authorised electronic device (the Licensed Device) in accordance with these Terms and Conditions. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the Software. Use of additional copies of the Software or use of the Software on devices other than the Licensed Device requires the purchase of additional licences. You must ensure that each copy of the Software obtained by you is used by no more than one user simultaneously.

  5. You must only use the Software for your (or your related entities’) internal business purposes, to access and convert documents for use by you or your related entities with the CASEFOLIO™ application.

  6. Both versions of the Software are available on one year subscriptions at www.casefolio.net. The annual subscription fees applicable to your selected version of the Software are as specified at www.casefolio.net from time to time. Use of your selected version of the Software beyond the one year subscription period will require the payment of a further annual subscription fee. You will be notified towards the end of each subscription period that your subscription is due to expire. You will be given the option to choose not to renew your subscription. Unless you give prior notice that you do not wish to renew your subscription, your subscription will automatically be renewed (and you will be charged a new annual subscription fee at the then-current rate in accordance with your selected version of the Software) at the end of each subscription period.

  7. When you purchase or otherwise acquire a licence to CASEFOLIO CONVERTER™, you will be issued with a serial number. You must keep this serial number confidential. You must use this serial number in order to complete the installation of your version of CASEFOLIO CONVERTER™. Each serial number can only be used for one installation of CASEFOLIO CONVERTER™.

  8. Subject to payment by you of the relevant annual subscription fee (where applicable), your subscription to your selected version of the Software will commence:

    • on the date that you install your selected version of the Software and submit your serial number for that version of the Software; or

    • for a renewed subscription of your selected version of the Software, on the day after your previous subscription expired.

  9. If you choose not to renew your subscription and your subscription expires, you must purchase a new licence to use the Software if you subsequently wish to resume using the Software.

Intellectual property

  1. All intellectual property rights relating to the Software are owned by CE or its affiliates or licensors. You acquire no rights or licences in or to the Software other than the limited right to use the Software in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by CE.

  2. You must not do anything with the Software that is not expressly authorised by these Terms and Conditions. Without limitation, you must not copy, distribute, modify, adapt, decompile or disassemble the Software.

  3. You must comply with any applicable third party terms of use associated with the use of the Software on your computer or other authorised electronic device.

  4. In the event of any third party claim that the Software or your possession or use of the Software infringes that third party’s intellectual property rights, you agree that CE may (at its option) assume control of the investigation, defence, settlement and discharge of any such intellectual property claim on your behalf.

Liability

  1. To the maximum extent permitted by law, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Software or any content, information, products or services available on or from the Software. You release all such entities and persons from all such liability.

  2. You indemnify and hold CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your Content or your use of the Software. Without limitation, you indemnify all such entities and persons against any loss or liability they may suffer as a result of a breach of the warranty in paragraph 7.

  3. The Software is provided “as is”. To the fullest extent permitted by law, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability or reliability of the Software and any content or information associated with the Software. Without limitation, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) do not warrant that:

    • the Software is compatible with your hardware or software;

    • functions of the Software (or which you access through the Software) will be uninterrupted or error free;

    • defects will be corrected; or

    • the Software or the server that makes it available is free of errors or viruses, worms or “Trojan horses”.

  4. In respect of any conditions, warranties or guarantees which under statute CE cannot exclude, to the extent permitted by law, CE’s liability is limited, at its option, to the replacement, repair or resupply of the relevant goods, or the resupply or a refund of the cost of the relevant services.

  5. To the maximum extent permitted by law, CE will have no warranty obligation whatsoever with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will (subject to these Terms and Conditions) be your sole responsibility.

  6. You acknowledge that CE has no obligation to furnish you with maintenance and support services with respect to the Software or your use of the Software.

General

  1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts having jurisdiction there.

  2. If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

  3. If CE does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by CE of any right.

  4. You represent and warrant that:

    • you are resident in Australia, the United Kingdom, Canada or the USA or your principal business activities which will involve use of the Software are in those countries;

    • you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country; and

    • you are not listed on any U.S Government list of prohibited or restricted parties.

  5. If you have any questions, complaints or claims in relation to the Software you should contact CE:

    Post: Corrs Enterprises Pty Ltd
    GPO Box 9925
    Melbourne VIC 3001
    Australia
    Email: support@casefolio.net


CASEFOLIO™ iPad App Software Terms and Conditions

Welcome to our iPad application, CASEFOLIO™ (the Application). These are our Terms and Conditions for use of the Application. These Terms and Conditions apply whenever you access or use the Application. By installing, accessing or using the Application you will be deemed to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use the Application.
To maximise the functionality of the Application, it is recommended that the Application is used in conjunction with the file conversion software, CASEFOLIO CONVERTER™, which can be obtained here: www.casefolio.net. Your use of CASEFOLIO CONVERTER™ is governed by terms and conditions available on that website.

Please note:

Use of the application

  1. Corrs Enterprises Pty Ltd (ABN 15 159 476 721) (CE) is the authorised distributor (under licence from Corrs Chambers Westgarth) of the Application and CE is solely responsible under these Terms and Conditions for the Application and its content.

  2. Users of the Application (you) agree to be bound by these Terms and Conditions, which are subject to change at CE’s sole discretion. By downloading, accessing or using the Application, you agree to be bound by these Terms and Conditions, as they exist at that time.

  3. These Terms and Conditions apply between you and CE only, and not between you and Apple or any of its subsidiaries, or between you and any of CE’s affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust).

  4. CE may at any time (without prejudice to its other rights or remedies) immediately terminate the Application licence granted to you in the event that you fail to comply with these Terms and Conditions.

  5. From time to time, CE may update the Application and to continue using the Application, you may need to download and install the new version. By doing so you agree to be bound by these Terms and Conditions, as they exist at that time.

Intellectual Property

  1. All intellectual property rights relating to the Application are owned by CE or its affiliates or licensors. You acquire no rights or licences in or to the Application other than the limited right to use the Application in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by CE.

  2. You must not do anything with the Application that is not expressly authorised by these Terms and Conditions. Without limitation, you must not copy, distribute, modify, adapt, reverse engineer, decompile or disassemble the Application, or merge the Application with any other software.

  3. In the event of any third party claim that the Application, or your possession or use of the Application in accordance with these terms, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with the Application), CE and not Apple or any of CE’s affiliates (including Corrs Chambers Westgarth) will (subject to these Terms and Conditions) be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property claim and you must provide all reasonable co-operation to CE in connection with that matter.

  4. To the extent the functionality of the Application specifically provides for this, if you have purchased the document upload upgrade for the Application then you may apply your own branding within that copy of the Application provided that you must not:

    • apply any brand that is substantially identical, deceptively similar or confusingly similar to “CASEFOLIO” or that otherwise breaches any law or third party rights; or

    • create any composite mark that includes “CASEFOLIO” or any brand that is substantially identical, deceptively similar or confusingly similar to “CASEFOLIO”.

Application licence

  1. Subject to your compliance with these Terms and Conditions, CE grants to you a nonexclusive, non-transferable, non-sublicensable licence to download, install, access and use the Application on one iPad or other authorised iOS product (the Licensed Device), solely for use by you for your own (or your related entities’) internal business purposes in accordance with these terms and conditions and the Usage Rules set out in the App Store Terms of Service. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the Application. Use of the Application on devices other than the Licensed Device requires the purchase of additional licences.

  2. If you have purchased the document upload upgrade for the Application, you may upload Content to the Application. The document upload upgrade must be purchased separately for each licensed copy of the Application to which you wish to upload Content. You are not able to upload Content to the Application if you have not purchased this upgrade. Content means data, images, documents and other information or materials uploaded by you or on your behalf in connection with your use of the Application (but does not include the data, images, documents and other information or materials included by CE with the Application). You warrant that you are the owner or authorised user of the Content and you must not upload, transmit or distribute Content that breaches any law or infringes any third party rights.

  3. You must comply with any applicable third party terms of use associated with the use of the Application on your iPad or other authorised iOS device.

Liability

  1. To the maximum extent permitted by law, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Application, or any content, information, products or services available on or from the Application. You release all such entities and persons from all such liability.

  2. You indemnify and hold CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your Content or your use of the Application.

  3. The Application is provided “as is”. To the fullest extent permitted by law, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Application and any content or information associated with the Application. Without limitation, CE and its affiliates (including Corrs Chambers Westgarth and Corrs Support Services Pty Ltd in its own capacity and in its capacity as trustee of the Corrs Support Services Trust) do not warrant that:

    • the Application is compatible with your hardware or software;

    • functions of the Application (or which you access through the Application) will be uninterrupted or error free;

    • defects will be corrected; or

    • the Application or any server that makes it available is free of errors or viruses, worms or "Trojan horses".

  4. In respect of any conditions, warranties or guarantees which under statute CE cannot exclude, to the extent permitted by law, the liability of CE and its affiliates (including Corrs Chambers Westgarth) is limited, at its option, to the replacement, repair or resupply of the relevant goods, or the resupply or a refund of the cost of the relevant services.

  5. In the event that the Application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund to you the purchase price for the Application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Application or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty.

  6. CE alone, not Apple or any of CE’s affiliates (including Corrs Chambers Westgarth), is (subject to these Terms and Conditions) responsible for addressing any claims you (or a third party) may make relating to the Application or your possession and/or use of the Application, including, but not limited to:

    • product liability claims;

    • any claim that the Application fails to conform to any applicable legal or regulatory requirement; and

    • claims arising under consumer protection or similar legislation.

  7. You acknowledge neither Apple nor CE has any obligation to furnish you with maintenance and support services with respect to the Application or your use of the Application.

General

  1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts having jurisdiction there.

  2. If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

  3. If CE does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by CE of any right.

  4. You represent and warrant that:

    • you are resident in Australia, the United Kingdom, Canada or the USA or your principal business activities which will involve use of the Software are in those countries;

    • you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country; and

    • you are not listed on any U.S Government list of prohibited or restricted parties.

  5. For the avoidance of doubt, references to “CE” in these Terms and Conditions do not include CE’s affiliated entities (such as Corrs Chambers Westgarth).

  6. Solely to the extent that these Terms and Conditions apply to the Application, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you with respect to the Application as a third party beneficiary.

  7. If you have any questions, complaints or claims in relation to the Application you should contact CE:

    Post: Corrs Enterprises Pty Ltd
    GPO Box 9925
    Melbourne VIC 3001
    Email: support@casefolio.net