Terms And Conditions

This copy of SVB Group product and accompanying documentation is licensed and not sold. This software product is protected by copyright laws and treaties as well as laws and treaties related to other forms of intellectual property. SVB Group Pty. Ltd or its subsidiaries, affiliates and suppliers (collectively “SVB Group”) own intellectual property rights in the software product. The licensee’s (“you” or “your”) license to download use, copy, or change the software product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING OR COPYING THE SOFTWARE PRODUCT YOU MUST AGREE TO ALL OF THER TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST ONT INSTALL USE OR COPY THE SOFTWARE PRODUCT.
If acting on behalf of your employer or any other organisation, you represent that you have been authorized to accept the following terms (you or your or the organisation you are representing refer to “Licensee” herein forth). If accepting the terms on behalf of your employer or other organisation on whose behalf you are authorized to act, you may use the services, software and site only on their behalf.
If acting on your own behalf you agree that you intend only to be personally bound to the following terms. If you intend to be personally bound only, the use of the software, services and site is limited to personal use. Referred as “Licensee” herein forth.
IF YOU DO NOT AGREE ARE NOT AUTHORISED BY THE ORGANISATION YOU DEEM TO REPRESENT, USE OF THE SOFTWARE, SERVICES OR SITE IS ILLEGAL.
By using the services, software or site or any features of the software you are entering a binding agreement between SVB Group add-in products for Microsoft® Excel and “Licensee”

License Grant

 This Agreement entitles you to install and use one copy of the software product. In addition, you may make one archival copy of the software product. The archival copy must be on a storage medium other than a hard drive, and may be only used for reinstallation of the software product. This agreement does not permit the installation or use of multiple copes of the software product or the installation of software product on more than one computer at a given time on a system that allows shared uses of application, on a multi user network or any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user each and copy of the software product. Fur further information regarding multiple licensing of the software product please contact
SVB Group, Level 27, 101 Collins Street, Melbourne, VIC 3101, Australia. Email: sales@svbgroup.com.au  http://www.svbgroup.com.au.  ABN 90487 629 695.
While accepting the agreement you will be the “Administrative Contact” who is responsible for all communication, changes, notices, information regarding the use of license.

Software Use

Subject to the terms specified in this document SVB Group hereby grants you a personal, non-transferable and non-exclusive right and license to use SVB Group product. The use is only for personal use and/or commercial use. Each SVB Group product is intended for the purpose as defined in below:

SVB Mapper: The software is intended to provide geocoding, mapping analysis, visual display and other services as Microsoft® Excel add-in as documented. The software is to be used for informational purposes. When using this for any operational, commercial, strategic or any other purposes it is your sole responsibility to verify the accuracy of the results produced.

SVB Surface: The software is intended to provide mapping analysis, visual display and other services as Microsoft® Excel add-in as documented .

Restrictions on Transfer

Without first obtaining the express written consent of SVB Group, you may not assign your rights and obligations under this agreement, or redistribute, encumber, sell, rent, lease, sublicense or transfer your rights to the software product.

Restrictions on Use

You may not use, copy or install the software product on any system with more than one computer, or permit the use, copying, or installation of the software product by more than one user or on more than one computer. If you hold multiple, validly licensed copies you may not use, copy or install the software product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users or more computers than the number permitted by license.
You may not decompile, “reverse-engineer” disassemble or otherwise attempt to derive the source code of the software product.

Restrictions on Alteration

You may not modify the software product or create any derivative work of the software product or its accompanying documentation. Derivative work includes but are not limited to translations. You may not alter any files or libraries in any portion of the software product.
SVB Group reserves the right to modify any part or the entire contract at any stage. “Administrative contact” may be notified electronically for any changes against the details provided. USE OF THE SOFTWARE AT ANY STAGE CONSTITUTES THE TERMS VALID AT THAT STAGE

Restriction on Copying

You may not copy any part of the software product except to the extent that licensed use inherently demands the creation of temporary copy store in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.


Disclaimer of warranties and limitation of liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SVB GROUP, SVB GROUP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF THE MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
SVB Group makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. SVB Group makes no warranty that the operation of the software product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SVB GROUP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FO RTHE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL SVB GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTERH PART FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIEVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFIT OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT WHETHER DUE TO A BREACH OF CONTRAC, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SVB GROUP OR ANY OTHER PARTY, EVEN IF SVB GROUP IS ADVISED BEFOREHAND THE POSSIBLITY OF SUCH DAMANAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SVB GROUPS ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
IN NO EVENT SHALL SVB GROUP BE LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNTS PAID BY YOU TO SVB GROUP DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

Intellectual Property

You agree that the Software contains confidential and trade secret information of SVB Group and that you may not: disclose such confidential information to third parties; decompile or reverse engineer any Software code we may make available; modify the Software; or sell, assign, sublicense, redistribute, resell, or otherwise transfer any right in the Software unless such activity is expressly permitted or required by law or has been expressly authorized by SVB Group in writing. Notwithstanding the foregoing, you may copy and display, to your actual and prospective customers, captures of the data displays our software generates from data you provide. If you use our product to create derivative works of our product, the IP of the derivative work will vest in SVB Group.

Third Party Sites and Products

The software allows you to access and view a variety of content provided by SVB Group's licensors (the "Third Party Content") You understand and agree to the following:             
(i)             Map data, geocoding and related Third Party Content are provided for planning purposes only.  Map data may contain information, which is outdated, incorrect or otherwise not accurate, and therefore you should exercise extreme caution when using this data.             
(ii)            The "Licensee" shall be responsible for adhering to, and, subscribing to all third party external license arrangements and costs.
(iii)           SVB Group makes no representation of third party organisation for software or content.

Limitation of remedies and damages

Your remedy for the breach of this agreement or of any warranty included in this agreement is the correction or replacement of software product ## refund last six months. Selection of weather to correct or replace shall be solely at the discretion of SVB Group. SVB Group reserves the right to substitute a functionality equivalent copy of the software product as a replacement. If SVB Group is unable to provide replacement or substitute software product or corrections to the software product, your sole alternate remedy shall be a refund of the purchase price for the software product exclusive of any costs for shipping, handling and administrative costs involved in the process.
Any claim must be made within the applicable warranty period, All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation or damage determined by SVB Group to have been caused by you. All limited warranties on the software product are granted only to you and are non transferable. You agree to indemnify and hold SVB Group harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this agreement and /or acts of omissions. SVB Group reserves the right, at its sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Governing Law, Jurisdiction and Costs

This license agreement is governed by the laws of the State of Victoria, Australia; the federal laws of Australia, which shall have jurisdiction over any disputes.

Severability

If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

License Term

This Agreement commences on the date you accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated.
You can use the free version for:
a.     Unlimited personal use and not to receive financial gain whether intended or actual.
b.     Trial purposes only for a maximum of 14 days after the first agreement.

Fees

  • The Excel Add-in is priced at $100 AUD per user per year per year (price excludes any Bing license fee, if any) payable by you within three months from the day of accepting the agreement.
  •  Unless specified by you, the subscription shall automatically renew for additional period of one year.
  •  If you do not intend to renew the license then provide a notice of non-renewal at least 30 days before the end of the agreement expiry period.
  • Fees paid are non-refundable
  •  SVB Group fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes". You are responsible for paying all Taxes associated with your purchases hereunder. If SVB Group have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide SVB Group with a valid tax exemption certificate authorized by the appropriate taxing authority.

Invoicing & payment

You will provide SVB Group with valid credit card information, or with a valid purchase order or alternative document reasonably acceptable to SVB Group. If you provide credit card information to SVB Group you authorize SVB Group to charge such credit card for any of SVB Group add-in products for Microsoft® Excel for annual software usage. Such charges shall be made in advance, annually. For payment method other than a credit card, We will invoice you in advance and otherwise in accordance with the relevant Order Form. Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to SVB Group and notifying us of any changes to such information
Identity: The Licensee agrees not mislead anyone with the identity (including impersonating a representative of SVB Group)
Publicity: The Licensee agrees to cooperate with SVB Group (and its subsidiaries or parent) in creation of marketing materials regarding licensee's use of the software product. Further, licensee agrees:

  1. SVB Group may record, and publish in any media, using any distribution method, licensee's business name, operation and logo. Licensee has sufficient authority or permissions from its employer, employees and/or contractors to grant these rights.
  2. SVB Group owns the Documentation.
  3. That SVB Group may reference the fact that the licensee is a participant in the software product user group even if it is limited to the demonstration tool.
  4. Licensee grants SVB Group a revocable, non-exclusive, non-transferable, royalty-free, personal, worldwide license to use your logo provided in websites and marketing materials related to SVB Group. Licensee expressly authorizes SVB Group to include the licensee's Logo in any media.

Miscellaneous

  1. There are no third-party beneficiaries to this Agreement.
  2. You may not assign or sublicense this agreement and the associated Software and Services without our express written permission; but you recognize our absolute right to assign this agreement to a third party. No agency, partnership or joint venture is created by this Agreement.


  •  Level 27, 101 Collins Street, Melbourne 3000. AU. 
  •   +61 3 9653 6441
  •   info@svbgroup.com.au

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