Core Mine Training (CMT) Software & Web Forms

End User Licence Agreement (EULA)

Licence

1. Under this End User Licence Agreement (the “Agreement”): Core Mine Training Pty Ltd (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable licence (the “Licence”) to use CoreMOC (the “Software”).
   
   
2. “Software” includes the executable computer programs and any related printed: electronic and online documentation and any other files that may accompany the product
   
   
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.
   
   
4. This Agreement grants a site licence to the Licensee. The Software may be accessed via web-based browsers.
   
   

Individual Profiles:

5. The rights and obligations of this Agreement for an individual profile are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

Company Profiles:

6. The rights and obligations of this Agreement for a company profile are rights granted to the Licensee for the operations only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity outside of the operations that the Licence was granted. The Licensee may not make available the Software for use by one or more third parties.

7. The Software may not be modified, reverse-engineered: or de-compiled in any manner through current or future available technologies.
   
   
8. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

Licence Fee

9. Where applicable, the original purchase price paid by the Licensee will constitute the annual licence fee and is the full consideration for this Agreement. Anniversary periods for annual subscription will be at time of invoice.

Limitation of Liability

10. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

11. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

12. The Vendor does not warrant that use of the Software will be uninterrupted or error free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

13. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

14. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (‘Acceptance”) on registration of the Software with the Vendor.

User Support

15. No user support or maintenance is provided as part of this Agreement.
    
    

Term

16. The term of this Agreement will begin on Acceptance and for individuals, is perpetual. For company profiles, the term is 12 months from date of invoice.
    
    

Termination

17. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason: the Licensee will promptly destroy the Software or return the Software to the Vendor.
    
    

Force Majeure

18. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
    
    

Governing Law

19. The Parties to this Agreement submit to the jurisdiction of the courts of the State of New South Wales for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New South Wales.
    
    

Miscellaneous

21. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
    
    
22. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

23. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neutral gender include the masculine gender and the feminine gender and vice versa.

24. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neutral gender include the masculine gender and the feminine gender and vice versa.

25. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neutral gender include the masculine gender and the feminine gender and vice versa.

26. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neutral gender include the masculine gender and the feminine gender and vice versa.

Notices

27. All notices to the Vendor under this Agreement are to be provided at the following address:
    Core Mine Training Pty Ltd: 2 Elizabeth Street: Singleton NSW 2330