End User License Agreement

1.1   Definitions

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In this EULA, unless the contrary intention appears:

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(a)   Customer Terms means the Zap Customer Terms available here [insert hyperlink].

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(b)   EULA means the terms and conditions of this End User Licence Agreement.

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(c)   Intellectual Property Rights means any intellectual, proprietary and industrial property rights and interests, whether registered or unregistered, including:

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(i)   all copyright;

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(ii)   all registered and unregistered trademarks, service marks, trade names, design rights, logos, patents, specifications, discoveries, inventions, innovations, improvements and electronic layout rights;

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(iii)   all rights subsisting in trade secrets, financial, marketing or technical information, ideas, concepts, know-how, technology, processes and knowledge which is confidential or of a commercially sensitive nature; and

 

(iv)   all other rights or forms of protection of a similar nature to any of the rights referred to in paragraph (i), (ii) or (iii) of this definition, including the right to apply for any such rights, renewals and extensions of, and rights to claim priority from,

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in Australia or any other country of the world for the full period for which those rights subsist.

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(d)   Malicious Code means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

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(e)   Privacy Act means the Privacy Act 1988 (Cth).

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(f)   Privacy Laws means all Commonwealth, State and Territory legislation, principles, and other applicable industry codes and policies relating to the collection, use, disclosure, storage or granting of access rights to Personal Information (as that term is defined in the Privacy Act).

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(g)   Software means any software supplied by Zap to you under the Customer Terms from time to time in, whether on or in any of the hardware or provided separately for use with the hardware or on a stand-alone basis, and whether in object code, source code, reconfigurable binary or any other form, and includes any backup or other copies, and any software updates, modifications, enhancements and extensions.

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1.2   Interpretation

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In this EULA:

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(a)   reference to the singular includes the plural and the plural includes the singular, a person includes a body corporate and a party includes the party’s executors, administrators, successors and permitted assigns;

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(b)   “including” and similar expressions are not words of limitation;

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(c)   where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

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(d)   headings are for convenience only and do not form part of this EULA or affect its interpretation;

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(e)   a provision of this EULA must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the EULA or the inclusion of the provision in the EULA;

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(f)   if a party consists of more than one person, this EULA binds each of them separately and any two or more of them jointly;

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(g)   an obligation, representation or warranty in favour of more than one person is for the benefit of them separately and jointly; and

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(h)   a party which is a trustee is bound both personally and in its capacity as a trustee.