ThinkingRock End User License Agreement

Thank you for selecting ThinkingRock software (the "Software"). This software license agreement ("Agreement") is a legal agreement between you ("you", "licensee"), and Avente Pty Ltd ("Avente", "we", "our" or "us") that describes the terms and conditions applicable to your use of the Software. By accepting this license, you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software.
	
1. LICENSE GRANT AND RESTRICTIONS. 
Subject to the terms and conditions of this Agreement, including the payment of the applicable license fees, Avente grants you a single user, limited, non-exclusive, non-transferable license, to electronically access and use the Software for which the applicable fee has been paid by you.

In addition to the ThinkingRock software, the term Software includes any other programs, tools, Internet-based services, components and any updates (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that Avente provides or makes available to you. 

You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: 
(i)   access or attempt to access any other Avente systems, programs or data that are not made available for public use; 
(ii)  copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Avente site; 
(iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement; 
(iv)  transfer any of the rights granted to you under this Agreement; 
(v)   work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; 
(vi)  perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Avente’s other licensees or customers, or impose an unreasonable or disproportionately large load on Avente’s infrastructure; 
(vii) otherwise use the Software except as expressly allowed under this section.
	
2. RESERVATION OF RIGHTS AND OWNERSHIP. 
The Software is licensed not sold, and Avente reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Avente and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Avente.

3. SUBSCRIPTION. 
The Software is licensed on a per user subscription basis. The Software will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the subscription fee for paid for versions of the Software. Access to the Software will begin (i) for trial versions after your acceptance of this Agreement and after Avente receives and processes all the information, requested in the registration process; and (ii) for paid for versions after your acceptance of this Agreement and after Avente receives and processes all the information, including the credit card or bank account information requested by the registration process. 

4. REGISTRATION. 
You must register to use the Software and (i) provide true, accurate, current and complete information as prompted in the sign-up process (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or Avente has reasonable grounds to suspect is inaccurate, not current or incomplete, Avente may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).

5. DISCLAIMER OF WARRANTIES. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVENTE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVENTE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR ANY ACCOMPANYING SOFTWARE THAT MAY BE INCLUDED WITH THE SOFTWARE PRODUCT, EVEN IF AVENTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. AMENDMENT. 
Avente shall have the right, to change or add to the terms of its Agreement at any time, (provided that it is not Avente’s intent that such change substantially affect the license rights granted to Licensee in Section 1 and for which consideration was paid by you) and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Avente determines 
in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Avente sponsored web site. Any use of the Software by you after Avente's publication of any such changes shall constitute your acceptance of this Agreement as modified.
	
7. TERMINATION. 
Your rights under this Agreement may be terminated or suspended by Avente immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon termination you must immediately cease using the Software and Services. Any termination of this Agreement shall not affect Avente’s rights hereunder.

8. MISCELLANEOUS. 
Except as expressly set forth in this Agreement, this Agreement is a complete statement of the agreement between you and Avente and sets forth the entire liability of Avente, and your exclusive remedy with respect to the Software, and its use. 
Should you have any questions concerning this EULA, or if you desire to contact Avente for any reason, please email avente@netspace.net.au
