Terms of Use

The following are terms of a legal agreement between you and East River Software. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. East River Software may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

East River Software Pty Ltd assumes no responsibility regarding the accuracy of the information that is provided by East River Software and use of such information is at the recipient's own risk. East River Software provides no assurances that any reported problems may be resolved with the use of any information that East River Software provides. By furnishing information, East River Software does not grant any licenses to any copyrights, patents or any other intellectual property rights.

East River Software does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to East River Software will be deemed NOT to be confidential. By sending East River Software any information or material, you grant East River Software an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that East River Software is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about East River Software privacy practices on the Web.

Disclaimer and Limitation of Liability

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by East River Software Pty Ltd of goods or services on this website which cannot be excluded, restricted or modified ("Non-excludable Rights"). East River Software does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

• all content, materials, software and fucntionality is provided "as is" and without warranties of any kind, either express or implied
• East River software expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose
• East River software does not warrant that this website, goods or software provided by East River Software will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components
• East River Software does not warrant or make any representations regarding any access to, or the results of access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of East River Software will East River Software or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

To the fullest extent permitted by law, East River Software Pty Ltd liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of East River Software to the following:

in the case of goods and software supplied or offered by East River Software,

• the replacement of the goods or software
• the payment of the cost of goods or software purchased from East River Software

in the case of services supplied or offered by East River Software,

• the supply of the services again
• the payment of the cost of services purchased from East River Software