Terms and Conditions

    1. Terms. This document sets out the terms and conditions (Terms) on which your medical practice (You) may install and use the ‘Genie Solutions’ demonstration software (the Software). By installing or using the Software, You accept and agree to these Terms without any limitation or qualification. These Terms constitute a legally binding agreement between You and Genie Solutions Pty Ltd (ACN 086 370 130) (We or Us). You warrant to Us that You have the authority to enter into these Terms.

    2. Confidential Information. During these discussions, each party may gain access to the other parties commercially confidential information and intellectual property. Each party will use their best endeavours to stop the disclosure of the other party’s confidential information.

    3. Licence. We grant to You a temporary, personal, non-transferable and non-exclusive right to install and use one copy of the Software on a single device in Australia for a period of 30 days from the date of installation of the Software (Trial Period), solely for the purposes of evaluating the suitability of the Software for use by You.

    4. Licence Restrictions. We do not license, or in any way authorise third-party use of the software provided. During the term of the licence, You must use the Software only for its intended purpose. You must not disclose to or allow use of the software by any third-party without first obtaining our written consent.

    5. Proprietary Rights. We own all rights in and to the Software. You must not remove, alter or conceal any copyright, trade mark or other proprietary rights notice incorporated in or accompanying the Software and You must not: (i) reproduce, modify, adapt, perform, display or otherwise exploit the Software other than as expressly permitted in these Terms; and (ii) sublicense, resell, or otherwise permit any third parties to access or use the Software.

    6. Liability. Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities. If we breach Your Consumer Rights, our liability to you is limited to us (at our election) replacing the Software, supplying equivalent Software, or paying the costs of having the Software supplied to you. Except in relation to Your Consumer Rights: (a) We are not liable to You for any loss that was not reasonably foreseeable to You and Us; and (b) our total liability to you is otherwise limited to $[100].

    7. Disclaimer. The Software is intended only for use for evaluation purposes as described in paragraph 3, and is provided to you on an ‘as is’ basis. We make no representation and provide no warranty of any kind, whether express or implied, in respect of any matter relating to these Terms.

    8. Term. These Terms will continue until the end of the Trial Period. You may stop using the Software at any time during the Trial Period for any reason, without notice to Us. On the expiration or termination of these Terms for any reason, the licence granted in paragraph 3 will automatically end, and you must immediately cease to use (and permanently delete from all devices in your possession and control any copies of) the Software. Paragraphs 2, 3, 4 and 5 will survive the expiry or termination of these Terms.

    9. General. These Terms are governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms. If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not. If We fail to enforce any of Our rights under these Terms, that does not mean We waive those rights. These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.
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