SYSTEM USER NOTICE
Ownership
1. You acknowledge that CDATA Systems Pty Ltd
ACN 107 370 294 (the Company ) owns all intellectual property rights which
are at any time protected by statute or common law, including patents,
engineering certifications, processes, copyright and any registered
intellectual property rights, registered designs, trademarks and goodwill; any
websites including content loaded onto such website including source codes,
algorithms and formulas used to compile databases; product information
including categories and item numbers; the design, layout and the look and feel
of the website; any platforms and scripting; images; technical data sheets; and
any other data or information loaded onto the site; and any application or
right to apply for registration of any of these rights, and whether in Australia
or overseas that arise from the system known as ‘CDATA’ (the System ),
this website ( the Website ) and any other related materials
including user manuals regarding the operation of the System (collectively
“ the Intellectual Property ” ).
User Access
2. Access to the System does not transfer or
grant to you any right title or interest in the Intellectual Property. Title to
the Intellectual Property (including any modifications, enhancements or
developments made to the System whether or not made by you or at your request),
remains at all times vested in the Company.
3. You declare that:
a. You have been granted authority to access
the System by a person who holds a valid licence to use to the System (the
Licensee ) ;
b. You will only access the System for the
purposes specified in any licence granted by the Company to the Licensee:
4. You acknowledge that by accessing the
System, you are in no way authorised to grant access to or use of the System to
any third party.
Intellectual Property
5. You agree:
a. not to decompile, copy, disassemble,
reverse engineer or otherwise attempt to derive or use the Source Code from the
System or any of the Intellectual Property;
b. not to copy or engage any third party for
the purposes of copying the functional operation of the System or any other
Intellectual Property, including without limitation the “look and feel” of the
user interface, the logical sequence of operations and commands of the System
and its’ on screen graphic style, colours, and content;
c. not to develop or engage any third party
for the purposes of developing a system similar to or which could potentially
compete with the System;
d. not to sell, rent, lease, licence, display,
time share or otherwise transfer any part of the System to, or permit the use of
any part of the Intellectual Property (including System) by, any third party;
e. to preserve the confidential nature of the
Confidential Information (including Intellectual Property Rights contained
within the System), and to use reasonable care to prevent the unauthorised use,
copying, publication or dissemination of any part of the System, the
Intellectual Property and the Company’s Confidential Information;
f. not to alter, enhance, adapt, develop or
modify any part of the Intellectual Property (including the System) or attempt
to do any of those things or procure a third party to do or attempt to do any
of those things;
g. to take all steps necessary to safeguard
and keep the Intellectual Property confidential and store such information in a
secure manner;
h. not to knowingly disclose or grant access
to the Intellectual Property (including the System) or any part of it to any
third party who may, or has the capacity to contravene sub clauses (a) to (g)
above; and
i. not to permit or allow any third party to
do anything which, if committed by you, would be a breach of any one or more of
the sub clauses (a) to (g) above.
6. For the purposes of this notice
Confidential Information means all
information relating to the Company’s business, products, customers or
suppliers whether furnished in writing, orally or in any physical, or
electronic configuration, which might be considered confidential by a party or
which a party has expressly declared to be confidential and which is not in the
public domain including without limiting the generality thereof, all technical
data, any software specifications and diagrams, information regarding the
computer code comprising composition, organisation, and method of delivery of
Confidential Information, information concerning or connected with the
Company’s Intellectual Property, designs, trade secrets and know-how,
techniques and processes, the System or the Intellectual Property, unpublished
financial reports, sales and marketing information, unpublished information
regarding the subject matter of future projects, design applications, any
supplier lists and information relating to Company’s supplier, customer lists
and information relating to the business of Company.
Source Code means computer programs in un-compiled
human-readable English language format, which comprise the System
NOTICE:
Please read
the access terms very carefully. Once you have read, understood and you agree
to be bound by those terms, please click “I agree” when prompted.
By
clicking on ‘I Agree” when prompted you are accepting these terms and agree to
enter into a legally binding contract with the Company. If you do not
accept or understand these terms then do not request or otherwise accept access
to the System