Footy Works Terms And Conditions of Use

Footy Works Terms & Conditions of Use – Software Licence Agreement.

End User Licence Agreement

Thank you for choosing Footy Works as your Football Statistics Reference Tool. We at Sorensen Technologies are proud of our product, and we hope that you enjoy using it for many seasons.

The following Terms and Conditions for the use of Footy Works (the 'Software'), constitutes the Software Licence Agreement, hereafter the licence agreement, between you, the end-user and Sorensen Technologies Pty Ltd, A.B.N. 36 847 972 279 (A.C.N. 073 054 912).

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IMPORTANT NOTE:

As of February 28th 2008, Footy Works will be distributed as 'Donate Ware'.

Footy Works will not require registration, as it will be registered automatically, and by default it will be the Legend Edition. However, Footy Works will no longer have any official support, so you will not be provided with assistance in installation or data updates. In addition, we also require that to comply with this licence agreement that you pay $50 (Fifty Australian Dollars) to Sorensen Technologies to continue to use Footy Works beyond 30 days from when you install it for every year that you continue to download data updates.

Please note that even though we cannot ensure that you do pay, please be aware that you are in violation of this agreement if this payment is not made.

All clauses below relating to registration, payments and support are now superceded by the above.

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1 Licensing.

1.1 Your installation, copying or use of the Software is deemed to be your acceptance of the terms and conditions of this licence agreement.

1.1.1 If you do not agree to the terms or conditions of this licence agreement, then you must immediately remove all files associated with the Software from all computers you have installed the software on prior to using it. You must then erase, delete, destroy or return (to Sorensen Technologies) any media containing any and/or all files associated with the Software.

1.1.2 Applying and paying for a Registration Code is confirmation to Sorensen Technologies of your acceptance of these Terms and Conditions. Your acceptance of the terms and conditions of this licence thereby places this licence agreement into force.

1.1.3 If the Software has been registered (and therefore the appropriate licence fees have been paid), and you no longer agree with the terms and conditions of this licence, then you may terminate this agreement, as indicated in Section 1.2.2. Any licence fees paid by you shall be forfeited (ie. licence fees paid will not be refunded). The evaluation period is provided to ensure that you are satisfied with the Software prior to any payment.

1.1.4 The Software is not Sold, but is non-exclusively Licensed specifically to you, the user, to use as governed by these Terms and Conditions. This Software is not and never has been public domain software or ‘freeware’. Sorensen Technologies has, and always will retain the copyright, ownership and title of the Software and any associated files and documents, regardless of the form or media that they may exist in. You will have no right of access to any source code of the Software, and your entitlement to updates or upgrades of the Software or documentation is limited and specified by the clauses in Section 1.3.1.

1.1.5 The terms and conditions of this licence agreement supersedes any and all prior licence agreements with relation to the Software.

1.2 The licence for the Software provides you with the non-exclusive and non-transferable right to use the enclosed program on a single computer, subject to the terms and conditions of this licence agreement. Using the Software on more than one computer constitutes another Software installation, and is prohibited without authorisation and payment of additional licence fees to Sorensen Technologies.

1.2.1 Sorensen Technologies reserves the right to terminate the licence agreement at any time, and for any reason that it may deem warrants licence termination.

1.2.2 This Licence Agreement shall remain in force until Sorensen Technologies terminates it (generally as a result of the end-user breaching the terms of the agreement), or until the end-user no longer agrees with the terms and conditions of this agreement, and thereby immediately removes all files associated with the Software, as directed in Section 1.1.1.

1.2.2.1 For you, the end-user, to willingly terminate this licence agreement, all components of the Software must be disposed of, as indicated in Section 1.1.1. Notification in writing or e-mail to Sorensen Technologies if you were a Registered user would be appreciated, but is not required.

1.2.2.2 Breaches of any of the terms and conditions of this licence agreement will automatically result in the termination of this licence agreement. You are then required to erase, delete, destroy or return (to Sorensen Technologies Pty Ltd) any media containing any and/or all files associated with the Software, or otherwise risk the legal consequences of not doing so.

1.2.2.3 Sorensen Technologies will attempt to contact the end-user in writing, via e-mail or by phone when it initiates termination of the licence agreement. When it does so, instructions on what to do will be provided. If the end-user cannot be contacted within thirty (30) days of Sorensen Technologies attempting to do so, then it will be deemed that the end-user has been contacted. Regardless of whether contact is made or not, the licence agreement is terminated immediately from the moment Sorensen Technologies initiates licence termination proceedings.

1.3 The Software requires a registration code every time it is installed onto a computer to be registered. Failure to provide the correct registration code will disable most functions of the Software forty-five (45) days after the initial installation (reminder notices will be issued every time the Software is started). Upon payment of the licence fee in full, Sorensen Technologies shall then, at its sole discretion, provide you with the appropriate registration code to enable full use of the Software. The registration code only applies to the current computer that the Software is installed on – if you upgrade your computer, a new registration code may be required. If for any reason whatsoever, including reinstallation of the software, your require a new registration code and the initial licence fee has been paid in full, Sorensen Technologies shall, at its discretion, provide you with a new registration code for up to two (2) such occurrences within the first twelve (12) months of registration, after which a fee of $25 (Twenty-five Australian Dollars) per registration code will apply. Please note that any subsequent attempt to install the Software prior to its registration will immediately forfeit any remaining evaluation period, and thereby terminate this licence agreement. All prices quoted include GST (see Section 1.11) when paid within the Commonwealth of Australia. These prices are subject to change without notice from January 1, 2008.

1.3.1 Payment of the $25 (Twenty-five Australian Dollars) re-registration fee (for previously registered users) will also provide you with the latest release of the Software, if you do not already have it, but will not entitle you to the subscription of data updates. You must pay an additional fee (check with Sorensen Technologies for the current rate) to receive 12 months of software and data updates after initial registration. Payment of the subscription fee will include the provision of 1 (one) additional registration for up to 12 months at no additional charge. Please note that this only applies to registered users. All prices quoted include GST (see Section 1.11) when paid within the Commonwealth of Australia. All prices are subject to change without notice. Current prices can be obtained from the Sorensen Technologies web-site at http://www.sorensen.com.au.

1.3.2 Registration codes are obtained by contacting Sorensen Technologies support on +61 419 577 268 (Monday to Friday, 09:00 to 18:00 Australian Eastern Time) or by e-mailing register@sorensen.com.au at any time. See Section 2.5 for more details regarding support.

1.3.3 By registering the Software, Sorensen Technologies will also be able to let you know when updates are available, and inform you of other products and services that may be of interest to you.

1.3.4 Registration codes will not be provided until payment funds have cleared.

1.4 You agree not to copy (except for one (1) copy of the original software for backup purposes and as specified under Section 1.6 below), reproduce, disassemble, translate, modify, reverse engineer, adapt, sublicense, lease, sell, transfer, extract or create derivative works of the Software, or its data, in whole or in part, in any way at all, or to allow another party to do so, except as provided for in section 1.6. The backup copy must be complete and include all copyright notices and files, including the file containing this licence agreement. The backup copy is only to be utilised by the registered user for recovery purposes only.

1.4.1 You must not remove or modify any proprietary notices or labels in the Software and you are not permitted to bypass, disable or defeat any feature or function of the Software.

1.5 Unlicensed Software users are granted a limited licence for evaluation purposes for a period of forty-five (45) days. Use of unlicensed Software beyond this initial 45-day period by any person, business, association or government body, or any representatives thereof, constitutes a breach of this terms and conditions of this licence, and is strictly prohibited.

1.5.1 The 45-day evaluation period provides unregistered users the opportunity to evaluate the Software before purchasing the licence. At the end of this period, if you have not registered the Software (and thereby paying the appropriate fees as described in Section 1.3), then the licence agreement is terminated, and you must immediately remove all files associated with the Software from all computers you have installed the software on. Any installation disks that you may have, in addition to any files and documents associated with the Software must then be erased, deleted, destroyed or returned to Sorensen Technologies. This will also apply to any and all backups made of the Software, which must also be erased, deleted, destroyed or returned to Sorensen Technologies upon the termination of the 45-day evaluation period, unless you immediately register the Software.

1.5.2 If the Software is successfully installed on a computer, and is unregistered, then if a subsequent installation of the Software is made, whether this occurs prior to the expiration of the 45-day evaluation period or not, the Software will be treated as unlicensed and any remaining time of the evaluation period shall be immediately forfeited. The licence agreement is then terminated immediately. All files associated with the Software must then be deleted from all computers that the Software is installed on, in addition to any backups that may have been created. All media containing the Software, or any associated files, must be erased, deleted, destroyed or returned to Sorensen Technologies.

1.6 A limited license is granted to copy and distribute the Software only for the trial use of others, subject to the following limitations:

1.6.1 The Software (in unregistered evaluation form) must be copied completely and be unmodified, and must include all files, including the file containing this license information and all copyright notices.

1.6.2 The complete on-line documentation must be included.

1.6.3 The software may not be distributed in conjunction with any other product or information without a specific licence or permission to do so from Sorensen Technologies.

1.6.4 Registered copies of the Software are NOT to be distributed or copied in any way (except as indicated under Section 1.4 above).

1.6.5 The Software must be registered after the initial 45-day trial period, if use of the Software is to continue. (See Sections 1.5, 1.5.1 and 1.5.2). Please note that the Software can (and preferably should) be registered prior to the termination of the 45-day evaluation period.

1.6.6 Sales of this Software by retailers is specifically prohibited without prior written authorisation from Sorensen Technologies.

1.6.7 No fee, charge, or other compensation may be requested or accepted, except as authorised below:

1.6.7.1 Non-profit user groups may distribute unregistered evaluation copies of the Software to their members, subject to the above conditions, without specific permission. Non-profit groups may collect a disk duplication fee not to exceed five (5) Australian dollars.

1.6.7.2 Operators of electronic bulletin board systems (sysops) may make unregistered evaluation copies of the Software available for downloading only as long as the above conditions are met. An overall or time-dependent charge for the use of the bulletin board system is permitted as long as there is not a specific charge for the download of the Software.

1.6.7.3 Mail-order vendors of shareware software may distribute unregistered evaluation copies of the Software, subject to the above conditions, without specific permission. Vendors may charge a disk duplication and handling fee, which, when pro-rated to each individual product, may not exceed ten (10) Australian dollars.

1.6.7.4 Distribution within the Public Domain shall not preclude the end-user from the terms and conditions of this licence. In fact, all the terms and conditions of this licence will apply regardless of the mode or method in which the end-user received or installed the Software.

1.6.8 All of the terms and conditions that form the Licence Agreement (as described herein) must be adhered to.

1.6.9 Copies and redistributed original forms of the Software must be clearly indicated as 'Unregistered'.

1.7 The licence for the Software, and its associated rights and obligations, is made specifically between you and Sorensen Technologies, and may not be transferred to any other party, unless otherwise directed and authorised by Sorensen Technologies (or an authorised agent thereof). You are not permitted to sublicense, lease, sell or otherwise transfer your rights to the Software or any accompanying documentation to any other party.

1.8 The Software may be transferred to another computer that you own or control, but after the transfer, the Software must immediately be removed from the source computer. Transferring the Software to another computer is only permitted when there is no change to the actual registered user of the Software, and when there is no breach of any other part of this agreement, in particular sections 1.3, 1.4 and 1.7.

1.9 Corporate and Site Licences are available upon request. Please contact Sorensen Technologies for further details.

1.10 The HTML Help engine and its associated files that are distributed with the Software are copyright of Microsoft Corporation. All other third-party controls and software are copyright of their respective owners.

1.11 Please Note that all prices quoted herein include the 10% (ten percent) Goods and Services Tax (GST) applicable from July 1st 2000, that is payable to the Australian Federal Government (via the Australian Taxation Office) for Australian residents and companies. Users registering from outside of Australia do not need to pay GST, and as such, the prices quoted in sections 1.3 and 1.3.1 will instead include a 10% handling charge, thereby leaving the quoted prices the same.

1.12 These terms and conditions of this licence agreement are subject to change at any time. Any such changes, and the date from when these changes become effective will be posted on the Sorensen Technologies web site when it comes online.

1.12.1 Sorensen Technologies will attempt to contact the end-user in writing, via e-mail or by phone when it makes a change to the terms and conditions of the licence agreement. If the end-user cannot be contacted within thirty (30) days of Sorensen Technologies attempting to do so, then it will be deemed that the end-user has been contacted. Regardless of whether contact is made or not, the licence agreement changes will come into force from their effective date.

1.12.2 Your continued use of the Software beyond the effective date of any change to the terms and conditions of this licence agreement constitutes your acceptance of the changes.

1.12.3 If you do not accept the changes made to the licence agreement, then you must comply with sections 1.1.1 and 1.1.3 of this licence agreement.

1.13 Should you have any questions regarding this Licence Agreement, or wish to contact us for any reason, please write to Customer Service, Sorensen Technologies Pty Ltd, P.O. Box 290 Avondale Heights Victoria 3034 Australia. Alternatively, you can e-mail us at info@sorensen.com.au with any queries, suggestions or comments that you may have.

1.14 Any costs that you may incur in contacting Sorensen Technologies, for any reason, shall be incurred by yourself, the end-user, unless Sorensen Technologies or its representative elects to reimburse part or all of the expenses incurred.

2 Guarantees and Warranties.

2.1 By using this Software you acknowledge that it is not guaranteed to be free of errors. From time to time, the operation of the Software may be interrupted due to programming errors or otherwise, but the occurrence of such errors or interruptions does not breach the conditions of this licence. Sorensen Technologies, its employees, agents or representatives will not be liable to you the user, or any other party, with respect to loss or damage (both consequential and inconsequential) however caused, which may be incurred or experienced, or which have either directly or indirectly arisen from use, misuse or abuse of the Software, or from the failure or omission of Sorensen Technologies to comply with its obligations of this licence.

2.2 Sorensen Technologies does, however, warrant that the media used to distribute the Software (if such media is in the form of floppy diskettes or data compact disk supplied directly by Sorensen Technologies) is free from defects in manufacture and that the Software will in all material respects perform as indicated in the documentation. If any such media (floppy diskettes or compact disk) is found to be defective, then Sorensen Technologies will replace any defective media, subject to the following conditions:

2.2.1 You must provide Sorensen Technologies with your full registration details, to identify you as a registered user. See also Section 2.6.

2.2.2 You must send the defective media, with your registration details (including return address), to Sorensen Technologies, P.O. Box 290 Avondale Heights Victoria 3034 Australia, postage pre-paid, and post-marked within ninety (90) days of the date of the commencement of this licence.

2.2.3 Under no circumstances shall Sorensen Technologies be liable for any other claims or liabilities arising from the inadvertent distribution of defective media. In particular, Sorensen Technologies is not responsible for any consequences arising from the failure of defective media to deliver the Software as expected, or for any other such failure, as outlined in Section 2.1.

2.2.4 The limit of your claim shall be the replacement of the defective media, or in exceptional cases, the licence fees you, the end-user, have paid to Sorensen Technologies.

2.2.5 Defective media provided by any other party (other than Sorensen Technologies) will not be the responsibility of Sorensen Technologies, but that of the supplying party. Any Internet or network download costs and any related connection problems arising from downloading the Software remain the responsibility of the end user and/or Internet Service Provider respectively.

2.2.6 Where local laws prohibit the limitation or exclusion of incidental or consequential damages, then the above limitations may not apply to you.

2.3 Sorensen Technologies does not guarantee that the Software will provide all the functionality required. In addition, Sorensen Technologies does not guarantee the use or results from using the Software or any associated documentation with regard to accuracy, correctness, robustness, dependability or merchantability. This warranty shall not in any way be nullified, modified or replaced by oral, written or electronic means by either Sorensen Technologies or by any authorised representative of Sorensen Technologies. The Software is provided ‘as is’, and as such you, the end-user, assume all risks in its use.

2.4 The Software is Y2K compliant in so far as all date processing is performed using four digit years. However, as stated in Section 2.1, Sorensen Technologies does not guarantee that the date processing is entirely error free, but be assured that date changeovers will not cause problems. We do endeavour to ensure that the Software will function as expected during any date transition period.

2.5 Registered users are provided with ninety (90) days of free technical support available over telephone or via e-mail only. This period commences from the day that the registration fees are received in full by Sorensen Technologies. Sorensen Technologies support can be obtained by calling +61 419 577 268 (Monday to Friday, 09:00 to 18:00 Australian Eastern Time) or by e-mailing info@sorensen.com.au at any time. Unregistered users are not entitled to support of any kind.

2.5.1 Sorensen Technologies reserves the right to withdraw or extend this support period at its sole discretion, and at any time it deems appropriate, and without prior notice of any kind.

2.5.2 Additional support can be provided outside the timeframes indicated above by arrangement with Sorensen Technologies. Please note that fees will be chargeable in most cases for these support services.

2.6 Sorensen Technologies will not divulge or pass-on any information provided by end-users to Sorensen Technologies (as a result of the registration process) to any other party, unless Sorensen Technologies is instructed or advised to do so to comply with legal requirements, or in the course of completing financial transactions for registration payments (i.e. providing banking details to financial institutions).

2.7 The Software and associated documentation are subject to change without notice. This reflects Sorensen Technologies’ undertaking to continuously improve our products.

2.8 Until the Software is registered, no Guarantees or Warranties will apply whatsoever in relation to this Software.

3 Liabilities.

3.1 Sorensen Technologies is not liable for any claims or damages in any way, including, but not limited to property damage, personal injury or loss, intellectual property infringement or loss, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused and regardless of nature, whether arising out of breach of warranty, contract, negligence, legal liability, use misuse or inability to use the Software, or otherwise.

3.2 Part of this licence agreement includes the condition that you agree to indemnify and hold Sorensen Technologies without responsibility against all liabilities, costs and expenses that may be passed on to a third party as a result of your breach of this licence agreement. This includes, but is not limited to, any alteration of the Software or its data (other than expressly permitted by the Software or its documentation) or the use of the Software and its data in any such manner other than exactly as supplied and indicated by Sorensen Technologies. Sorensen Technologies in no way authorises, endorses or consents to any breaches of any part of this licence agreement.

3.3 The licence can be terminated by Sorensen Technologies if you breach of any term of this agreement. Upon termination, you are required to destroy any remaining copies of the Software and documentation or otherwise return or dispose of all such material as directed by Sorensen Technologies. Termination of the licence shall not affect any rights or obligations that Sorensen Technologies may have otherwise under this licence or in the eyes of the law.

3.4 If it is found that Sorensen Technologies is liable for any claim, then the limit of that claim shall be the licence fees paid by you, the user, to Sorensen Technologies.

3.5 Sorensen Technologies is not responsible for the accuracy of the data stored and extracted by use of the Software. The user takes all responsibility in the manner in which the data is used and cannot make any claim against Sorensen Technologies for any inaccuracies found in the Software. However, Sorensen Technologies does encourage users to report any such inaccuracies to further improve the Software in subsequent releases.

4 Scope.

4.1 If any clause within this agreement is found to be invalid, unenforceable or illegal for any reason, then that clause shall be deemed deleted, while the remainder of this agreement shall otherwise remain in full force, provided that the original intent of the licence agreement remains unchanged.

4.2 If any Act of Parliament or decision by the Courts deems that any part of these terms and conditions are null and void or unenforceable, this does not invalidate the remainder of the terms and conditions of this licence.

4.3 Where an Act of Parliament extends, nullifies or modifies the extent or powers of these terms and conditions, then it is deemed that these Acts are included within these terms and conditions.

4.4 The laws of the State of Victoria, Australia, shall be deemed to govern this licence agreement.

4.5 If the Software is acquired, or used outside of the Commonwealth of Australia, then local laws may apply.

5 Endorsement.

5.1 This Software, its developers and promoters, Sorensen Technologies Pty Ltd, are not in any way endorsed by or affiliated with any sporting organisation unless expressly stated so on any packaging (if any), or within the Software after installation. Please note that this is NOT an official AFL licensed product, and is NOT an officially licensed product of any organisation. If you are concerned that this product is not so endorsed or licensed, please remove the Software from your computer and return it to Sorensen Technologies for a complete refund (if payment has been made) prior to obtaining a registration code.

5.2 The data supplied with this Software is in the public domain. As stated in Section 5.1, the data does not constitute official AFL results, and the correctness or otherwise of this data is not guaranteed by Sorensen Technologies.

5.3 Unless otherwise specified, Sorensen Technologies Pty Ltd is in no way associated, owned or owns any other company, group or association.

5.4 Where data extracted by the Software is broadcast or published in any form (printed, electronic etc.), the user must give credit to Sorensen Technologies and the Software with the said broadcast or publication. Words to the effect of "Data compiled with the assistance of Sorensen Technologies' Footy Works" should be used. Where reference is made to Footy Works on a web-site, then a link must be provided to http://www.footyworks.com from that web-site.

The Sorensen Technologies logo and Footy Works are trademarks of Sorensen Technologies Pty Ltd. All other trademarks and registered trademarks are the sole property of their respective owners.

16th February 2008.

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This page was last updated on 2008-04-08.

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