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Privacy Policy

Wiliam Pty Limited Software Licence Agreement for websteps™

PLEASE READ THIS SOFTWARE LICENCE AGREEMENT ("LICENCE") CAREFULLY BEFORE USING WEBSTEPS™. BY USING WEBSTEPS™ (INCLUDING LOGGING INTO YOUR WEBSTEPS™ CONTROL PANEL) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE WEBSTEPS™ AND NOTIFY WILIAM PTY LIMITED (“WILIAM”) IMMEDIATELY.

Definition of websteps™. websteps™ is a website and Intranet content management system based on Wiliam’s proprietary sitedock™ database and application layer technology. There are three key components of websteps™:

  • The database;
  • The application layer (Microsoft® Active Server Page technology (“ASP”); and
  • The websteps™ Control Panel.

The public website available through the World Wide Web (or local area network in the instance when websteps™ is used for purposes of an Intranet) and powered by websteps™ is NOT a component of websteps™. This licence is concerned with the following:

  • The database, its design and its structure;
  • Database extraction coding;
  • The websteps™ Control Panel; and
  • All “hard coding” within the application layer (ASP).

The licence is not concerned with the following:

  • Any content entered into and contained within the websteps™ Control Panel;
  • Any content displayed on the public website; and
  • The visual design (“the look and feel”) of the website.

1. Licence

The software, documentation and any fonts accompanying this Licence whether on disk, a server, in read only memory, on any other media or in any other form ("websteps™") are licenced to you by Wiliam. The licence is a non-exclusive licence and does not transfer ownership of intellectual property or copyright in the system. You own the media on which websteps™ was supplied including any ancillary support documentation but Wiliam retains title to websteps™ (including any and all websteps™ Extensions) (“package”). websteps™ and any copies which Wiliam authorises you to make are subject to this Licence.

2. Permitted Uses and Restrictions

This Licence allows you to use websteps™ on a single server at a time. The Licence does not allow websteps™ to exist on more than one server at a time. The server must be held and maintained by an approved websteps™ Hosting Partner and websteps™ cannot be stored, executed, operated or maintained on a server unknown to Wiliam. In the instance where websteps™ is utilised for purposes of an Intranet and hosted internally by an organisation, Wiliam reserves the right to inspect the server at the time of installation and inspect the server at any time whilst this licence exists. If you wish to install websteps™ on an alternative server at any stage, you agree that Wiliam must approve the alternative server and that the installation must be undertaken by Wiliam at your cost. YOU AGREE THAT NO PERSON, SERVER OR TRAWLING SOFTWARE, INCLUDING BUT NOT LIMITED TO THIRD PARTY DEVELOPERS AND AGENTS WILL ACCESS, UTILISE, EXAMINE OR MODIFY WEBSTEPS™, OR ITS SOURCE FILES AND CODE. YOUR RIGHTS UNDER THIS LICENCE WILL TERMINATE AUTOMATICALLY WITHOUT NOTICE IF ANY PERSON, SERVER OR TRAWLING SOFTWARE ACCESSES WEBSTEPS™, OR ITS SOURCE FILES AND CODE. WILIAM WILL IMMEDIATELY REMOVE ANY COPIES OF WEBSTEPS™, INCLUDING WEBSITES AND INTRANETS FROM THE SERVER IF WEBSTEPS™, AND ITS SOURCES FILES OR CODE ARE ACCESSED BY ANY PERSON, SERVER OR TRAWLING SOFTWARE. Wiliam reserves its right to pursue you for damages including for losses incurred directly or indirectly as a result of you providing access to websteps™ and its source files or code to any person, server or trawling software. YOU AGREE THAT WILIAM MAY EMPLOY ENCRYPTION AND DOCUMENT TRACKING TECHNOLOGY TO ENSURE THE VALIDITY AND CORRECTNESS OF THE WEBSTEPS™ SOURCE FILES OR CODE (INCLUDING ONTO A SERVER HELD INTERNALLY BY AN ORGANISATION). YOU AGREE THAT AT ANY STAGE WILIAM MAY ACCESS YOUR WEBSTEPS™ CONTROL PANEL AND WEBSITE WITHOUT NOTICE TO YOU. YOU AGREE NOT TO USE THE FILE TRANSFER PROTOCOL (FTP) OR OTHER SIMILAR PROTOCOLS TO ACCESS THE SERVER (FOR PURPOSES PERTAINING TO THE UTILISATION OF WEBSTEPS™) UNDER ANY CIRCUMSTANCES. A copy (backup) of the websteps™ Control Panel may be undertaken in machine-readable form for backup purposes only. This backup copy must include all copyright information contained on the original and must be held by the approved hosting facility. Except as expressly permitted in this Licence, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicence, distribute, REVEAL THE PROPRIETARY TECHNIQUES OR STRUCTURES USED IN WEBSTEPS™, THE DATABASE EXTRACTION CODE OR ANY OTHER HARD CODING THAT IS NOT USED FOR VISUAL OR FORMATTING EFFECT or create derivative works based upon websteps™ in whole or part or transmit websteps™ over a network. You may, however, transfer your rights under this Licence provided you transfer the related documentation, this Licence and a copy of websteps™ to a party who agrees to accept the terms of this Licence and destroy any other copies of websteps™ in your possession. WEBSTEPS™ IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF WEBSTEPS™ COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this Licence will terminate automatically without notice from Wiliam if you fail to comply with any term(s) of this Licence.

3. Acceptable Use

Wiliam provides websteps™ as a platform for you to promote items, products, services or information for display through a public website. You are responsible for researching and complying with any applicable laws, regulations or restrictions on items, dissemination of information, or manner of sale or exchange that may pertain to transactions in which they participate. You are responsible for all content, applicable taxes and for all costs incurred by participants using websteps™. You may not impose large loads of bandwidth on any networks. You may not enter any material into websteps™ for display through a public website that contains any viruses or intercept, expropriate any system, data, disseminate inappropriate information or content or personal information. You are solely responsible for actions taken under your password. You will comply with all applicable laws and may not promote, disseminate or display racist or other inappropriate content, or items that breach applicable laws or regulations displayed through the public website. You may not promote, disseminate or display any item that breaches Wiliam’s policies as described below. You will provide accurate information and accurately describe items, products and services you are promoting. You will engage in ethical marketing practices and may not engage in practices that are in any way connected with the transmission of "junk mail," "spam," "chain letters," unsolicited advertising, or other unsolicited mass distribution of email. It is your responsibility to ensure that the items displayed through the public website are appropriate for sale under all applicable laws and regulations. In addition, every item displayed through a public website must be consistent with Wiliam’s policies. Wiliam expressly reserves the right to reject or remove any item that does not comply with its policies. You may not sell the following items under any circumstances including any item that is harmful to minors, obscene, or otherwise objectionable, illegal or restricted weapons and related accessories, including but not limited to the following:

  • Firearms and firearm accessories, including ammunition;
  • Switchblade knives;
  • Any concealable weapon;
  • Any explosive device;
  • Martial arts weapons; and
  • Fireworks, explosives, or any hazardous material or restricted chemical.
  • Any item that infringes the rights of a third party, including but not limited to items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Examples include, but are not limited to:

    Unauthorised copies of software, music, video games, movies, photos, or other media;
  • Bootleg recordings of concerts, movies, or other performances;
  • Sale of back-up copies of software;
  • Any item that is counterfeit or stolen, including items that are “Replicas,” or “fake” versions of a brand product;
  • Counterfeit, or for the purpose of producing counterfeit, currency, stamps, government identification;
  • Inauthentic sports collectibles, celebrity autographs, or otherwise inauthentic versions of memorabilia or other items with inauthentic signatures;
  • Any item for gaining unauthorised entry to a place or vehicle including lock-picking devices, vehicle master keys, and other devices;
  • Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts;
  • Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation;
  • Any item used for hacking, intercepting, jamming, or otherwise obtaining unauthorised access to wire, electronic, or other types of communications;
  • Bodies, body parts, bodily fluids; and
  • Any other item that violates any applicable law or regulation or which Wiliam determines, in its sole discretion, is inappropriate for sale through the services provided by Wiliam.

4. Limited Warranty on Media

Wiliam warrants the media on which websteps™ is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. Your exclusive remedy under this paragraph shall be, at Wiliam’s option, a refund of the purchase price of the product containing websteps™ or replacement of websteps™ which is returned to Wiliam. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. WILIAM SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

5. Disclaimer of Warranty (where applicable)

You expressly acknowledge and agree that use of websteps™ is at your sole risk. websteps™ is provided "AS IS" and without warranty of any kind and Wiliam EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WILIAM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN WEBSTEPS™ WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF WEBSTEPS™ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN WEBSTEPS™ WILL BE CORRECTED. FURTHERMORE, WILIAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF WEBSTEPS™ OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WILIAM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD WEBSTEPS™ PROVE DEFECTIVE, YOU (AND NOT WILIAM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING WEBSTEPS™ OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY WILIAM’S NEGLIGENCE. You will enter into a contract between the approved hosting facility and yourself and you indemnify Wiliam from any loss or liability because of, but limited to performance (or lack thereof) or other issues on behalf of the hosting provider. You understand that it is your responsibility to research the contract entered into between the hosting provider and yourself. WILIAM WILL PROVIDE LIMITED TECHNICAL SUPPORT TO YOU HOWEVER YOU ACKNOWLEDGE THAT YOU WILL BE CHARGED FOR THIS TECHNICAL SUPPORT AT THE RATE OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) PER HOUR.

6. Limitation of Warranty

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WILIAM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Wiliam’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).

7. Export Law Assurances

You may not use or otherwise export or re-export websteps™ except as authorised by Australian law and the laws of the jurisdiction in which websteps™ was obtained. In particular, but without limitation, websteps™ may not be exported or re-exported (i) into (or to a national or resident of) any Australian embargoed country or (ii) to anyone on the Australian Department of Foreign Affairs list of Specially Designated Nationals or the Australian Department of Foreign Affairs Table of Denial Orders. By using websteps™, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Government End Users

If websteps™ is supplied to the Australian Federal Government, State and Territory Governments or local Governments, websteps™ is classified as "restricted computer software".

9. Terms of Payment

Payment shall be net fourteen (14) days from date of invoice or as otherwise specified by Wiliam. You agree to pay the entire net amount of each invoice from Wiliam pursuant to the terms of each such invoice without offset or deduction. Wiliam reserves the right to request your bank account or credit card details for the purposes of automatic debits. Orders are subject to credit approval by Wiliam, which may in its sole discretion at any time change the terms of your credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for your order before installation of websteps™. WILIAM RESERVES THE RIGHT TO DISCONNECT, DISABLE AND REMOVE WEBSTEPS™ AND ASSOCIATED WEBSITES AND INTRANETS WITHOUT NOTIFICATION TO YOU IF OWING PAYMENTS ARE NOT RECEIVED WITHIN TERMS. IF YOU DISPUTE AN ACCOUNT YOU MUST NOTIFY WILIAM OF THE DISPUTEDTED ACCOUNT AND THE BASIS OF THE DISPUTION WITHIN 7 DAYS OF THE INVOICE DATE. If Wiliam believes in good faith that your ability to make payments may be impaired or if you shall fail to pay any invoice when due, Wiliam may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and you shall remain liable to pay for any components of websteps™ (including websteps™ Extensions technical support) already shipped or ordered by you. You agree to submit such financial information from time to time as may be reasonably requested by Wiliam for the establishment and/or continuation of credit terms. Cheques are accepted subject to collection and the date of collection shall be deemed the date of payment. Any cheque received from you may be applied by Wiliam against any obligation owing from you to Wiliam, regardless of any statement appearing on or referring to such cheque, without discharging your liability for any additional amounts owing from you to Wiliam, and the acceptance by Wiliam of such cheque shall not constitute a waiver of Wiliam’s right to pursue the collection of any remaining balance. You shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1-1/2%) percent per month or such lower rate as may be the maximum allowable by law. If you fail to make payment when due, Wiliam may pursue any legal or equitable remedies, in which event Wiliam shall be entitled to reimbursement for costs of collection and reasonable attorneys fees.

10. Complete Agreement

This Licence constitutes the entire agreement between the parties with respect to the use of websteps™ and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless in writing and signed by Wiliam.

© Wiliam Pty Limited 2002 - 2003. websteps™ and sitedock™ are trademarks of Wiliam. All other trademarks are the property of their respective owners. All rights reserved.