End User License Agreement
Last updated: 27th March 2019
We may make changes to this EULA from time to time. When we do, we will revise the "Updated" date given above. It is your responsibility to review this frequently and to remain informed of any changes to it. The then-current version of the EULA will supersede all earlier versions. You agree that your continued use of Product after such changes have been published will constitute your acceptance in full of the revised EULA.
License to use Product
Subject to the provisions of this EULA sourse grants to you, a non-exclusive, non-transferable right to remotely access and use the Product for business purposes only (“License”).
Changes to Product versions
Sourse may change, revise, modify (either permanently or temporarily) the functionality of the Product and issues a new version of its Product or reporting dashboard at any time at its sole discretion (“Update”) provided that this will in no way diminish the functionality of it, in the sense that any of the approved applications do not function properly. Following such a version update, the Customer may elect to terminate this License in accordance with the terms of this EULA or continue to access and use the Product in accordance with the provisions of this EULA.
Access to Product
The Product will be hosted on one or more servers either owned or licensed by sourse and will be accessible over the Internet. To access the Product, you will be required to use a unique sourse ID (a “User Account”). This will be provided in the form of a unique user name and password for each User Account (“Account Access Information”). sourse has the right but not the obligation to monitor access to the Product and, without limiting any remedies that it may have within this EULA or at law, may deny access to any Customer that violates this EULA or the Terms and Conditions.
Rights and Restrictions in your use of the Product
You may not, nor cause or permit any of its employees or any third party to, modify, adapt, translate, reverse engineer, decompile, disassemble, translate or create derivative works using the Product.
Rent, lease and transfer
The Product is licensed to you as a representative of a Customer. As a customer you may not transfer, lease, assign, rent, distribute, sell or otherwise dispose of this Product (including any of its materials) on a temporary or permanent basis. Prior to transferring this Product license to an authorised transferee, the transferee shall agree in writing to be bound by all of this EULA and the Terms and Conditions.
Access restrictions and security without prior written consent
Customer shall not permit or allow other entities to have access to or to use any Account Access Information to access or use the Product. Customers accessing a particular User Account are solely responsible for ensuring that the Account Access Information provided by sourse is used only by such person and is not shared. sourse shall have no liability for any loss, claim, damages or other liability whatsoever that may arise from the unauthorised use of the Product. If your Account Access Information is lost or stolen, it is your responsibility to notify sourse so that the account can be deactivated and a new user name and password can be provided. sourse will use reasonable efforts to reset your Account Access Information as soon as practical after the request to do so has been received. Although sourse has taken measures to safeguard the security of information submitted, we cannot guarantee the security of information transmitted or stored by you and shall not be liable to you or any other person or entity for any breach of security.
Manner of use
Customer is solely responsible for the management of and for the securing of access to all data uploaded into and stored within the Product (“Customer’s Content”) and all activity that occurs within Customer’s accounts within the Product. You shall not use the Product for any illegal or unauthorised purpose(s). You may not, in the use of the Product violate any applicable laws (including but not limited to Australian copyright laws, and other applicable international laws).
Securing of personally identifiable information
Customer is solely responsible for the management of and for the securing of access to personally identifiable information (“PII”) stored in Customer’s accounts within the Product.
sourse may, at its discretion, disable any account or limit bandwidth usage should an account’s bandwidth consumption exceed average usage (as determined by sourse) in any one-month period. sourse also may, at its discretion, disable any account or limit storage capacity for an account should Customer’s storage exceed average usage (as determined by sourse).
Ownership of service and intellectual property rights
Sourse grants to Customer a license to use the Product according to this EULA and the sourse Terms and Conditions. sourse retains ownership of the Product and all intellectual property rights, including without limitation any and all patents, copyrights, trade secrets, trademarks and any other proprietary and other rights. sourse may audit your use of the Product for compliance with this EULA and the Terms and Conditions at any time, upon reasonable notice. All rights not specifically granted under this EULA and the Terms and Conditions are reserved by sourse.
Disclaimer of warranties
Except as expressly provided for in this EULA, sourse (including any written materials) and support are provided “as is” without warranty of any kind, express, implied or statutory, including but not limited to the implied warranties or merchantability and fitness for a particular purpose or use and any warranty or error-free application or non-infringement. Without limiting the generality of the foregoing, sourse does not warrant the use, results or performance of the Products, or the systems infrastructure that makes the Products available is free of viruses or other harmful components.
In the event that any provision of this EULA and the Terms and Conditions are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining promises shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted for them.
The provisions of this EULA and the Terms and Conditions shall be interpreted and construed in accordance with their fair meanings, and not strictly for or against any party, regardless of which party may have drafted this EULA and the Terms and Conditions or any specific provision of this EULA and the Terms and Conditions.