Australian Standards




License Agreement




This License Agreement ["Agreement"] is made on this [Insert Day] of [Insert Month] 2015.


Between

Small Builders Pty Ltd ["Small Builders"] [ACN 605 807 207] with registered address at the Master Builders Association of New South Wales Head Office, 52 Parramatta Road, Forest Lodge NSW 2037, Australia;


and


[Insert Licensee Name] ["Licensee"] [ABN [Insert ABN]] with registered address at [Insert Address].


Background


Interpretation

1. Unless the context otherwise requires, the following rules of interpretation applies to this Agreement:



Definitions



2. In this Agreement the following definitions apply.



Term

3. Unless the parties extend the term in writing, the Licensee may use the Services for the term specified in Item 1 of Annexure A ["Term"].


4. This Agreement automatically renews for the Term, unless the Licensee gives at least ninety (90) days' notice to Small Builders prior to the end of the Term, by reference to this clause, stating the Licensee does not wish for this Agreement to automatically renew.


5. If the Licensee fails to give notice under clause 4 and the Licensee wishes to terminate this Agreement, the Licensee must terminate this Agreement pursuant to clause 42.



Right to Use

6. By accessing any part of the Small Builders' web site, including without limitation all sub-domains and related domains [collectively, the " Portal"], the Licensee agrees to be bound by the terms and conditions of this Agreement, as may be amended from time to time.


7. Small Builders may revise the terms and conditions of this Agreement at any time without notice to the Licensee. All changes are effective immediately when Small Builders posts them on the Portal. The Licensee is responsible for reviewing the terms and conditions periodically.


8. Small Builders owns and operates the Portal. Information, documents and content ["Content"] in the Portal includes, but is not limited to:



9. All Content appearing on the Portal are the sole property of Small Builders or are property that Small Builders is authorised to use. Small Builders allows the Licensee to use the Content in accordance with the terms and conditions of this Agreement.


10. The Licensee agrees to use the Content only for the Licensee's personal use and for no other purpose. The Licensee must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Portal, except as follows:

11. The Licensee must not:


Services

12. Small Builders will provide the Services in accordance with this Agreement. Small Builders may at its sole discretion modify or update the features of the Services from time to time without prior notice.


13. The Services available to the Licensee will be those specified in item 2 of Annexure A.


14. If the Licensee wishes to increase, decrease or suspend the Services or any part thereof, the Licensee must give at least sixty (60) days' notice to Small Builders in the form of a written change request.


15. Small Builders may, at its absolute discretion, refuse to increase, decrease or suspend the Services. For the avoidance of doubt, if Small Builders refuses to increase, decrease or suspend the Services, the Licensee has no right to any remedy.


Responsibility for Content

16. The Licensee agrees that the Licensee is solely responsible for the Content of all information created, used, downloaded and/or uploaded by the Licensee or any member of the Licensee's organisation.


17. The Licensee agrees not to communicate any message or material that:


18. Although Small Builders is not responsible for any of the Licensee's communications, Small Builders may delete at any time without notice to the Licensee any Licensee communications that is contrary to clause 17 of this Agreement.


Licensee's Acknowledgments and Warranties

19. The Licensee acknowledges and warrants that:


a. Small Builders: