BGL Corporate
Solutions Pty Ltd
Software Subscription Agreement
Software The Software
covered by this agreement is BGL Query, Corporate Affairs System (CAS), CASLite +, CASLite, Simple Fund,
Simple Invest and Simple Ledger.
Use
BGL
Corporate Solutions Pty Ltd (BGL) grants you (an entity or a person) a non
exclusive, non transferable right to use the software contained in this package
for the subscription period at one location in a single database.
Access to the software from another location through the use of a wide area
network or installing the software on more than one computer at a location is
permitted. Where a location has a multi user subscription, use of the software
is limited to the maximum number of users, companies, funds, registers and / or
ledgers included in the subscription. The software may be installed on a
network server with access available to multiple workstations. You may not
rent, lease, or sublicense the Software or permit the use of the Software on a
timeshare or service bureau basis. Further, you may not host, on a subscription
basis or otherwise, the Software or permit a third party to use the Software.
Support
Services During
the subscription period, BGL will provide the subscriber the following support
services (as outlined in the BGL Client Protocol):
Documentation Access to the extensive
online documentation including help screens, training manuals and white papers
available in each BGL product.
Email
and Newsletters Regular email from
BGL and BGL Client Newsletters
Website Access to the resources provided by
BGL's Website including Wiki and Knowledge Base articles.
BGL
Client Centre Invitation
to register with the BGL Client Centre where clients can log support calls,
download software updates, renew and upgrade subscriptions, register for
training sessions and seminars and access BGL’s messaging service BGL Direct.
Update
Service Access to unlimited downloads through
the BGL Client Centre for software and documentation updates. Clients are
also entitled to receive one product update CD ROM per subscription period upon
request.
Support All
CAS, Simple Fund Professional Edition, Simple Fund Trustee Edition
Plus, Simple Invest Professional Edition and Simple Ledger Professional
Edition clients receive unlimited support events for the duration of the
subscription period. Simple Fund Trustee Edition, Simple Invest Investors
Edition and Simple Ledger Small Business Edition clients receive
five support events per subscription. Support events can be logged by
telephone, facsimile or through the BGL Client Centre.
Training BGL agrees to
provide you with access to hands on and update product training
courses. Training course fees are not included in your subscription.
Supply BGL
agrees to provide you with the software on CD ROM or any other such media or
method it may deem appropriate from time to time.
Delivery BGL
will deliver software electronically and by express post or courier. BGL is not
liable for any loss, damage or delay arising from late or non delivery of the
software. Further, BGL is not responsible for any government charges including
import duties or taxes applied to the Software.
Updates BGL reserves the right to issue updates
and enhancements to the Software at any time. All efforts will be made to
ensure the issue of updated software will not affect you.
Money
Back Guarantee The
BGL software subscriptions come with a 30 day money back guarantee. You must
notify BGL within 30 days of initial subscription payment to be entitled to a
full refund.
Compliance
Guarantee BGL guarantees that if a document prepared with the
latest version of CAS or Simple Fund does not comply with a regulators’
requirements and the subscriber is levied a non compliance penalty, BGL will reimburse
the subscriber for that penalty. This guarantee does not apply
to late lodgement penalties or where the subscriber does not complete the
document correctly or omits information from the form or document either
intentionally or unintentionally.
Subscription
Period Your
subscription period is shown on your subscription invoice and commences upon
full payment of the Initial Subscription or your
and
Payment Annual
Subscription fee. BGL does not provide services or software (including software
updates) until payment has been received. Payment methods include cheque,
Credit Card (Visa, MasterCard and American Express) or Electronic Funds
Transfer.
Registration All BGL software subscriptions must be properly
registered with BGL. Use of the software beyond the subscription period is not
permitted.
Issue
of Right to Use BGL warrants to you that it is
duly authorised by the Owner(s) of the Software to grant you the right to use
the Software referred to herein.
Restrictions
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
Copyright You
acknowledge that any and all trade marks, trade names, copyrights, patents and
other intellectual property rights used or embodied in or in connection with
the Software shall remain the sole property of BGL or the Owner(s).
Reproduction
or You
warrant to BGL that neither you or your employees will copy, distribute, reproduce
(except for archival purposes), sell, assign,
Distribution translate, adapt,
vary or modify the Software or otherwise disclose or make available the
Software or any part thereof to any third person otherwise than as provided
herein without the prior written consent of BGL.
Legal
Use You
must not use this software to assist in any endeavour that breaks local or
international laws or treaties.
Errors
and Omissions BGL
or the Owner(s) of the Software shall not be held liable for any errors or
omissions in the Software and shall not be held liable for any loss either
consequential, direct or indirect incurred by you as a result of the use of the
Software.
Privacy BGL
will collect information from you. BGL will handle your personal information in
accordance with relevant laws. The BGL Privacy Policy is available to all
subscribers on our Website.
Breach
of this Agreement Any
breach by you of the terms and conditions of this agreement shall mean that
your right to use the Software is immediately revoked.
Governing
Law This
agreement is governed by the laws of the State of Victoria, Australia.
Further
Information For
further information on this agreement, contact BGL at