IMPORTANT. READ CAREFULLLY:
This End User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Dyna Guru Pty Ltd. ("Dyna Guru") for software, whether pre-installed, downloaded or accessed via the internet, owned by Dyna Guru and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software, websites, application interfaces, databases, software services, and any other electronic resources, and may include associated media, content and data, printed materials, or electronic documentation which will be defined below ("the Software").
By using The Software, you accept terms of this EULA. If you do not accept these terms, do not use The Software.
RESERVATION OF OWNERSHIP
Dyna Guru reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Dyna Guru or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licenced, not sold.
GRANT OF LICENCE
Dyna Guru grants you a limited non-exclusive licence to install, use, access, display and run the Software on a local hard disk(s) or other permanent storage media of a computer.
Where the Software is being used by your employee or other person of your undertaking ("your Staff"), that member of your Staff is licenced to use the Software as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by your Staff shall be deemed to a failure to comply with these terms by you.
Access to Dyna Guru services, upon which the Software might depend, will only be granted to users with valid licences. Should your licence expire or be revoked, you will lose access to these services, and to any data or work you may have stored there.
You may make the Software available over a network where it could be used by multiple computers at the same time, provided that every user accesses the Software with his own licence.
You may make any number of copies of the Software in machine readable form for backup purposes; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Certain items of the Software may be subject to open source licences. The open source licence provisions may override some of the terms of this EULA. We make the applicable open source licenses available to you in the Software’s installation folder.
The Software may only be used by the type of users for which the license was intended. Personal or Individual licences, meant for private use by individuals, is not allowed to be used by persons in a professional capacity or by employees of a company.
Licences meant for individuals may only be used by a single person and the data stored in the account may only be for a single person.
Individual licences may not be used to manage data relevant to multiple persons, especially not when those persons are commercial clients.
Individuals agree not to allow anyone else to use their account or password, and to take reasonable steps to prevent unauthorized persons from learning their password and using their account to access the Software.
Licences meant for professional entities may be used by anyone working as an employee of that entity, for example Tax consulting firms’ employees may all access the Software with the same account credentials, provided that the firm has purchased a valid license meant for companies and not for individuals.
You are responsible for your own communications and for any consequences thereof. You will use The Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use The Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by The Software (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using The Software; (iv) use The Software to invade the personal privacy of other people (e.g. stalking or harassment); or (v) use The Software for any fraudulent or inappropriate purpose.
You will not use any robot, spider, other automated device, or manual process to monitor, post to, or copy any content from The Software, except through APIs and export mechanisms explicitly made available by The Software.
Violation of any of the foregoing or any other breach of these Agreement may result in immediate revocation of your account(s), and may subject you to state and federal penalties and other legal consequences. The Software reserves the right at all times to remove or refuse to distribute any content on The Software, such as content which violates these Agreement. The Software will not be responsible or liable for the exercise or non-exercise of its rights under these Agreement.
LIMITATIONS ON END USER RIGHTS
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Software, or modify, or disable any features of the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software. You may not transfer this EULA or the rights to the Software granted herein to any third party.
DISCLAIMER OF WARRANTY
ALL SOFTWARE PROVIDED BY DYNA GURU IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM DYNA GURU, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DYNA GURU DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNA GURU OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY DYNA GURU OF WARRANTY REGARDING DYNA GURU SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM DYNA GURU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DYNA GURU SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DYNA GURU SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
LIMITATION OF LIABILITY
DYNA GURU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE DYNA GURU SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF DYNA GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, DYNA GURU ELECTRONIC CO.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS LICENCSE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
In no event will the Software, its members, managers, officers, employees, agents or the assigns of same be liable for (1) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use The Software, or any information provided on or downloaded from the Software, even if The Software or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions or other inaccuracies in The Software.
Dyna Guru may make available to you updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any Software (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the Software. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update. To use The Software provided through Update, you must first be licensed for the Software identified by Dyna Guru as eligible for the Update.
Given the importance of receiving Updates for software in a timely manner to provide good service and defend against threats, however, updates may be automatically downloaded and installed without your explicit consent.
CONSENT TO USE OF DATA
By using the Software, you agree to the use of your information in the manner described below:
(a) Software Updates. To provide updates to the Software, you agree that Dyna Guru and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as computer specifications, your device's current software version, your location on the internet, operating system details. Dyna Guru may use this information solely to improve their products or to provide customised services or technologies to you and will not disclose this information in a form that personally identifies you.
(b) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that Dyna Guru and its affiliates may collect maintain, process and use diagnostic, technical and usage related information ("Diagnostic and Usage Data"), to provide and improve Dyna Guru products and services, facilitate the provision of software updates, product support and other services to you, if any, related to the Software, and to verify compliance with the terms of this EULA.
(c) Location Data. Dyna Guru and its partners, licensees and third party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby Wi-Fi access points and cell towers, or your computers regional settings. If you choose to use such location-enabled services you agree to this data being transmitted to Dyna Guru.
Nearly all features of the Dyna Guru Software require your computer to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. You are made aware that the Software may use a lot of internet bandwidth and it is your responsibility to monitor the usage.
You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by either Dyna Guru or a third party and your use of such certificate. Dyna Guru makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third party rights with respect to digital certificates.
If a dispute, controversy or difference rising in any way from this EULA or your use of the Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction of Australia. Notwithstanding the foregoing, Dyna Guru may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
ENTIRE AGREEMENT; SEVERABILITY
This EULA is the entire agreement between you and Dyna Guru relating to the Dyna Guru Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Certain licences may be granted free of charge. However, some features are limited in the free version. By upgrading your account, these limits can be increased.
Payments for account upgrades are accepted via CoinPayments.net in various cryptocurrencies and via Paypal.
The Software pays affiliates regularly (usually once a week) in Bitcoin.
The Software reserves the right to request the personal data of the affiliate receiver (country, city, zip code, address, e-mail address and first and last name) prior the affiliates payment.
You may not use affiliate links to upgrade your own account. This includes all accounts you use for your purposes.
The Software reserves the right to refuse payments to accounts with a fraudulent attempt, as well as to permanently exclude users from the affiliate program and from account discounts.
COPYRIGHT AND TRADEMARKS
All materials contained on The Software are Copyright ©2018 The Software. All rights reserved. This includes, but is not limited to: graphics, text, source code, the selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of The Software. This does not include user-provided content.
Permission is granted to view and print materials from The Software for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of The Software, is strictly prohibited. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from The Software.
The Software and other trademarks and/or service marks (including logos and designs) found on The Software are trademarks/service marks that identify The Software and the goods and/or services provided by the Software. Such marks may not be used under any circumstances without the prior written authorization of the Software. Such marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Software.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
The Software may provide hyperlinks to third-party web sites as a convenience to users of The Software. The Software does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Similarly, The Software does not endorse, recommend or approve any third-party web site hyperlinked from The Software and will have no liability to any entity for the content or use of the content available through such hyperlink.
The law of Australia applies exclusively.
CHANGES TO THIS AGREEMENT
The Software reserves the right to change these Agreement at any time by posting new Agreement at this location and alerting The Software paying customers of such change via E-Mail and/or via the Software. Any change(s) to this Agreement will take effect thirty (30) days after such changes have been posted. Your continued use of The Software following such changes will indicate your acceptance of those changes.
This document was last updated on 14 November 2018.
Questions regarding these Agreement should be sent by e-mail to email@example.com.