Skala Color license agreement
Notice to user #
This is a legally enforceable agreement between you (“you” or “yours” and other grammatical equivalents) and Bjango Pty Ltd. (“the Company”), which covers your use of the Skala Color software product that accompanies this Agreement and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software” or “the Skala Color Software”. if you do not agree to the terms of this License Agreement, then do not install or use the Software. By explicitly accepting this License Agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you are acknowledging and agreeing to be bound by the following terms:
1. Definitions #
A. “Software” shall mean the Skala Color software including any Updates thereto, in object and source form, and the media and Documentation provided by the Company to you and for which you are granted a license pursuant to this Agreement.
B. “Documentation” shall mean the printed or online written reference material furnished to you in conjunction with the Software, including, without limitation, instructions, guidelines, and end user guides.
C. “Intellectual Property Rights” shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret.
D. “Updates” shall mean a modification, error correction, bug fix, new release, or other update to or for the Software.
2. License Grant #
The Company may, at its sole discretion, grant you a Trial License, a Standard License or a Family Pack License.
If you have not purchased or otherwise rightfully obtained a Standard License or a Family Pack License for the Skala Color Software, the Trial License Terms (2.1) are applicable to your use of the Skala Color Software. The Trial License Terms are also applicable to any usage of the Skala Color Software by you that is not covered under any other licenses you may have.
The Standard License Terms (2.2) apply if you have a Standard License. The Family Pack License Terms (2.3) apply if you have a Family Pack License.
The General Terms (3) apply in all cases.
2.1 Trial License terms #
The Company grants you a non-exclusive license to use the Software for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. The Software may be used for a period of 14 calendar days from the first time you run the Software. Upon lapse of such trial period all of or part of the functionality of the Software will be disabled automatically.
If you wish to use the Software after the trial period, you must purchase a Standard License or a Family Pack License. The Company may extend to you an expiring license key, in which event such a license key will be considered a means to extend the trial period under the Trial License Terms.
2.2 Standard License terms #
The Company grants you a non-exclusive license to use the Software, only in accordance with the terms and conditions set forth herein. Use of the Software under this license may be for both commercial and non-commercial purposes.
3. General terms #
3.1 Title #
‘Skala Color’ and ‘Bjango’ represent proprietary common law trademarks owned by the Company and must not be used without written permission.
The Company shall own and retain all right, title and interest in and to all intellectual Property Rights related to the Software, the Documentation and all improvements to any of them however so created. You do not acquire any other rights, express or implied, in the Software. All rights not expressly granted hereunder are reserved to the company.
3.2 Archival or backup copies #
You may copy the Software for backup and archival purposes only.
3.3 Things you must not do #
The Software and Documentation are protected by Australian and international copyright law. You must treat the Software and Documentation like any other copyrighted material — for example, a book. You may not:
- Copy the Documentation,
- Copy the Software except to make archival or backup copies as provided above,
- Modify or adapt the Software or merge it into another program,
- Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
- Place the Software onto a server so that it is accessible via a public network such as the internet, or
- Sublicense, rent, lease, sublicense or lend any portion of the Software or Documentation.
3.4 Limitation of license validity #
Any License to use the Software granted to you under this License Agreement is limited to the current major release of the Software exclusively. The Company will at its sole discretion decide when a version of the Software will be considered a new major release. The Company reserves the right to change the terms of this agreement in any future major or minor release of the software.
3.5 Additional services #
Fees may apply for additional services and products offered by the company and others, such as services that integrate with the Software or extend the functionality of the Software.
3.6 Technical and related information #
The Company and its subsidiaries may collect and use technical and related information, such as technical information concerning your computer, system and application software. The Company does not collect (a) any information that identifies your work, (b) any file names or file contents of anything you work on using the Software. The Company and its subsidiaries are free to use the collected information in any form that does not personally identify you.
3.7 Privacy #
The Company will not sell or in any way license usage of your personal information to third parties. The Company will make reasonable efforts to keep your personal information secure.
3.8 Transfers #
With prior notice to the Company, you may transfer all your rights to use the Software and Documentation only once and permanently to another person or legal entity provided you transfer this License Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. The receiving person or legal entity must satisfy the conditions of the applicable license terms set out in section 2.
3.9 Limited warranty #
We warrant that for a period of 14 days after delivery of this copy of the Software to you the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorised to modify this limited warranty, nor to make any additional warranties. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
3.10 Limited remedy #
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to return the price you paid minus fees incurred to transfer those funds to you.
In no event will we be liable to you for any direct or indirect damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the software (even if we or an authorised dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
3.11 Term and termination #
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You hereby agree that on termination of this license to permanently destroy all copies of the Software and Documentation in your possession.
3.12 Confidentiality #
The Software contains trade secrets and proprietary know-how that belong to the Company and it is being made available to you in strict confidence. Any use or disclosure of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of the company’s trade secret rights.
3.13 General provisions #
3.13.1 This written license agreement is the exclusive agreement between you and the Company concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
3.13.2 This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
3.13.3 In the event of litigation between you and the Company concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
3.13.4 This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of Victoria, Australia, without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Australia, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
4. Contact information #
If you have any questions about this License Agreement, or if you want to contact the Company for any reason, please send all correspondence via our contact page.