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 Suite 2, 606-608 Hawthorn Road (PO Box 8063), East Brighton, Victoria, 3187, Australia or through our Website at www.bglcorp.com.au.