End User Licencing Agreement
<p>Cool Kids First Aid (ACN 625803036)<br/>THIS AGREEMENT made<br/>BETWEEN<br/>Cool Kids First Aid (ACN 625803036) of Pakenham, Victoria, 3810, Australia<br/>(“Licensor”)<br/>- and -<br/>You (“Licensee”)<br/>(the “Parties”)</p><p>1. Definitions and interpretation<br/>1.1. Definitions<br/>In this Agreement (including the recitals) unless the context otherwise requires:<br/>Agreement means this agreement and its schedule;<br/>Product means Triple 000 Trainer as detailed in Schedule 1;<br/>Terms means the terms and conditions of this Agreement.<br/>1.2. Interpretation<br/>In this Agreement unless the context otherwise requires:<br/>(a) headings are for convenience only and do not affect its interpretation and<br/>construction;<br/>(b) the singular includes the plural and vice versa;<br/>(c) words importing a gender include other genders;<br/>(d) where any word or phrase is defined, any other part of speech or other grammatical<br/>form of that word or phrase has a cognate meaning;<br/>(e) a reference to any statute, proclamation, rule, code, regulation or ordinance<br/>includes any amendment, consolidation, modification, re-enactment or reprint of it<br/>or any statute, proclamation, rule, code, regulation or ordinance replacing it;<br/>(f) “includes” is not a word of limitation;<br/>(g) a reference to any thing is a reference to the whole and each part of it;<br/>(h) a reference to a group of persons is a reference to all of them collectively and to<br/>each of them individually; and<br/>(i) a reference to a document includes all amendments or supplements to, or<br/>replacements or novation of, that document.<br/>2. Acceptance</p><p>2.1. This Agreement is between you and the Licensor, and governs the Products made<br/>available to you.<br/>2.2. Upon:</p><p>you are granted a revocable, non-transferable, non-exclusive and limited licence<br/>(“Licence”) strictly in accordance with the Terms of this Agreement.<br/>2.3. If you do not agree to the Terms of this Agreement, you must not install, use, or<br/>copy the Product.<br/>(a) selecting the ‘Accept’ option;<br/>(b) payment of the license fee for the Product at the point of purchasing the licence for<br/>the Product; or<br/>(c) upon downloading, installing or using the Product (whichever comes first),</p><p>3. License grant<br/>3.1. This Agreement entitles you to</p><p>3.2. This Agreement does not permit the installation of the Product</p><p>unless you have a license for each separate computer on which the product is installed<br/>and run.<br/>(a) install and use the Product on a single computer; or<br/>(b) install and make an archival copy of the Product on a storage medium other than a<br/>hard drive, and may only be used for the reinstallation of the Product.</p><p>(a) on more than one computer at any given time;<br/>(b) on a system that allows shared use of applications;<br/>(c) on a multi-user network; or<br/>(d) on any configuration or system of computers that allow multiple users</p><p>4. Limitations<br/>4.1. Limitations on transfer<br/>You may not assign your rights and obligations under this Agreement, or redistribute,<br/>encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.<br/>4.2. Limitations on use<br/>You may not:</p><p>unless you hold
multiple, validly, licensed copies.<br/>You may not:<br/>(a) share the Licence, or contents of the Product, with others;<br/>(b) copy, install or use the Product on any system with more than one computer; or<br/>(c) permit the use, copying or installation of the Product by more than one user or on<br/>more than one computer.</p><p>(d) decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the<br/>source code for the Product;</p><p>4.3. Limitations on derived works<br/>You may not modify the Product, create derivative works based upon the Product, or use<br/>the Product to develop any product having the same primary function as the Product.<br/>4.4. Limitations on alteration<br/>You may not:</p><p>4.5. Limitations on copying<br/>You may not copy any part of the product except to the extent that the licensed use<br/>inherently demands the creation of a temporary copy stored in the computer memory<br/>and not permanently affixed on storage medium.<br/>(e) broadcast, transmit or otherwise display in a public forum or any venue not<br/>restricted to you, the Product or any part of the product<br/>(f) post the Product or part of the Product on any website; or<br/>(g) use the Product for commercial purposes.</p><p>(a) modify the Product or create any derivative work of the Product or its accompanying<br/>documentation. Derivative works include but are not limited to translations; or<br/>(b) alter any files or libraries in any portion of the Product.</p><p>5. Ownership<br/>Cool Kids First Aid or its subsidiaries, affiliates, and suppliers retain all rights, title and<br/>interest, including all copyright and intellectual property rights, in and to, the Product and all<br/>copies thereof.<br/>6. Warranties and exclusions<br/>6.1. Provisions of the Competition and Consumer Act 2010 and other laws in force from<br/>time to time in Australia may imply guarantees, warranties, conditions, and impose<br/>obligations on Cool Kids First Aid and its subsidiaries, affiliates, and suppliers (“Implied<br/>Terms”). If these Implied Terms apply, Cool Kids First Aid’s liability will be limited at its<br/>option to resupply, repair or replacement of the Product or the cost of such resupply,<br/>repair or replacement, to the extent permitted by law.<br/>6.2. Unless otherwise explicitly agreed to in writing by Cool Kids First Aid, Cool Kids First<br/>Aid, subject to the Implied Terms, all representations, guarantees, conditions and<br/>warranties of any nature are expressly excluded.<br/>6.3. Nothing in this clause excludes, restricts or modifies your rights under an Implied<br/>Term.<br/>7. Exclusion of damages<br/>Subject to any Implied Term, Cool Kids First Aid, its directors, officers, employees, or agents<br/>will not be liable to you or any other party for indirect, consequential, special, incidental,</p><p>punitive or exemplary damages of any kind (including lost of revenues or profits or loss of<br/>business) arising in connection with these Terms, the Product, any software for the Product<br/>or any support services for the Product, whether based on contract, tort, statute, or any other<br/>legal theory.<br/>8. Limitation of liability and remedies<br/>To the extent that the applicable jurisdiction limits Cool Kids First Aid’s ability to disclaim any<br/>implied warranties, this disclaimer shall be effective to the maximum extent permitted.<br/>9. Licensee indemnity<br/>You will indemnify Cool Kids First Aid, its directors, officers, employees, agents and<br/>contractors in full against any liability, loss, damages, costs and expenses as a result of or in<br/>connection with your use of the Product, including but not limited to, any modification by you<br/>of the Product which causes the Product to infringe the intellectual property rights of a third<br/>party.<br/>10. Variation of Terms<br/>Cool Kids First Aid reserves the right to amend these Terms from time to time without notice<br/>to you and you will be subject to the Terms in force at the time you purchase the Licence for<br/>the Product or download the Product whichever is applicable.<br/>11.
Termination<br/>Without prejudice to any other rights, Cool Kids First Aid may terminate this Agreement<br/>immediately and without further notice if you fail to comply with the Terms of this Agreement.<br/>In such event, you must destroy all copies of the Product.<br/>12. General provisions<br/>12.1. Any provision of, or the application of any provision of this Agreement, which is<br/>prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that<br/>prohibition.<br/>12.2. Any provision of, or the application of any provision of this Agreement which is<br/>void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or<br/>enforceability of that provision in any other jurisdiction or of the remaining provisions in<br/>that or any other jurisdiction.<br/>12.3. The failure, delay, relaxation or indulgence on the part of a part in exercising, in<br/>part or whole, any power, right or remedy conferred upon that party by these Terms<br/>shall not operate as a waiver of that power, right, or remedy.<br/>12.4. This Agreement contains the entire Agreement between the Parties and<br/>supersedes any previous understandings, commitments or agreements, oral or written.<br/>12.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the<br/>enforceability of the other provisions in this Agreement.<br/>12.6. This Agreement shall be governed by and construed in accordance with the laws<br/>of Victoria.</p><p>SCHEDULE 1 PRODUCT<br/>Name of Product: Triple 000 Trainer<br/>Details of Product: A training app for children to teach them how to dial 000</p>