FARMANCO LICENSED APPLICATION END USER LICENSE AGREEMENT
The Farmanco End-User License Agreement ("EULA") is a legal agreement between you (the "LICENSEE"), (either an individual or a single entity) and the Application Provider: Farmanco Management Consultants Pty. Ltd. (ACN 009 230 031) as Trustee for the Farmanco Unit Trust (ABN 44 195 932 840), referred to herein as the “LICENSOR”. The Farmanco Facts App, and the data and recommendations provided through the App, to be referred to herein as the “LICENSED APPLICATION”, is made available through the Apple App Store and is licensed, not sold, to you. By installing and using the LICENSED APPLICATION, and using the data provided through the App, you agree to be bound by the terms of this EULA and your license to use the App is subject to your prior acceptance of this EULA. This license agreement represents the entire agreement concerning the LICENSED APPLICATION between you and the LICENSOR, and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the software product.
a. Scope of License: LICENSOR grants to you a nontransferable license to use the LICENSED APPLICATION on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the LICENSED APPLICATION as well as upgrades provided by the LICENSOR that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the LICENSED APPLICATION available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the LICENSED APPLICATION and, if you sell your Apple Device to a third party, you must remove the LICENSED APPLICATION from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the LICENSED APPLICATION, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the LICENSED APPLICATION). Any data or recommendations provided through the LICENSED APPLICATION remain the intellectual property of the LICENSOR. Any product names or trademarks of any of the products that form part of the recommendation remain the property of the licensed manufacturers.
b. Consent to Use of Data: You agree that LICENSOR may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. LICENSOR may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This EULA is effective until terminated by you or LICENSOR, following on from termination of your subscription to use the LICENSED APPLICATION. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The LICENSED APPLICATION may contain information about and enable access to LICENSOR’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. LICENSOR is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any LICENSED APPLICATION or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by LICENSOR or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of LICENSOR or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that LICENSOR is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. LICENSOR reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. No warranty: you expressly acknowledge and agree that use of the licensed application and the information contained within it is at your sole responsibility and risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided "as is" and “as available,” with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by licensor or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. You agree that the advice contained in this licensed application is general in nature. Pest ratings are subjective, based on the licensor’s experience, but may not be suited to your local area. If the pest is rated and does not appear on any label, consult an agronomist to determine suitability. This app does not replace a label, it is only a guide. All care has been taken to ensure that the licensed application will provide appropriate information to farm businesses. The pesticide rates, measures and pricing are given as a guide as to what will work and are not specific recommendations, as all circumstances relevant to making an appropriate pest control decision cannot be known and are out of control of the LICENSOR. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
f. Limitation of liability. To the extent not prohibited by law, in no event shall LICENSOR be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if LICENSOR has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars AUD (A$100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. Intellectual property rights. The LICENSOR and the LICENSEE acknowledge that, in the event of any third-party claim that the LICENSED APPLICATION or the LICENSEE's possession and use of the LICENSED APPLICATION infringes that third party's intellectual property rights, the LICENSOR, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
h. You may not use or otherwise export or re-export the LICENSED APPLICATION except as authorized by Australian law and the laws of the jurisdiction in which the LICENSED APPLICATION was obtained. In particular, but without limitation, the LICENSED APPLICATION may not be exported or re-exported into any embargoed countries or to any ‘Specially Designated Nationals’ (SDN), as designated by multi-lateral agreements (such as those issued by the United Nations Security Council (UNSC) or by the Australian Department of Foreign Affairs and Trade (DFAT)). By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Australian or international law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
i. The LICENSED APPLICATION and related documentation are "Goods", as defined by Australian Consumer Law (ACL) and as such are covered under the ACL and as such are covered by Australian consumer guarantees.
j. The in-App subscription to the Farmanco Facts App provides you with a non-transferrable license to use the App and the underlying Data and recommendations, for the period indicated in the subscription duration that you select. Subscriptions will automatically renew at the end of your plan’s expiry period, unless you cancel the subscription through the Apple ‘Manage Subscriptions’ service in your Apple Account Settings.
k. Third party beneficiary. The LICENSOR and the LICENSEE acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the EULA, and that, upon the LICENSEE's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
l. Copyright. The LICENSED APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and is licensed, not sold.
m. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the LICENSOR shall be governed by the laws of the State of Western Australia, excluding its conflicts of law provisions. You and the LICENSOR agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Western Australia to resolve any dispute or claim arising from this Agreement. If (a) you are not an Australian citizen; (b) you do not reside in Australia; (c) you are not accessing the Service from Australia.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of the USA, any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
n. Contact Information. Should you have any questions regarding the LICENSED APPLICATION, please contact Farmanco either by email: firstname.lastname@example.org or by phone +61 8 9295 0940
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