REGISTRATION NOTICE: THIS IS A CONTRACT. BEFORE YOU REGISTER ON THE GDMS WEBSITE AND/OR USE THE GDMS WEBSITE AND UNDERLYING DATABASE, CAREFULLY READ THIS CONTRACT. BY REGISTERING AND/OR CLICKING THE REGISTER BUTTON TO COMPLETE THE REGISTRATION PROCESS, YOU CONSENT TO THE TERMS OF THIS CONTRACT AND YOU AGREE TO BE BOUND BY THIS CONTRACT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS CONTRACT AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, CLICK THE APPROPRIATE BUTTON TO CANCEL THE REGISTRATION PROCESS, DO NOT USE THE GDMS WEBSITE OR DATABASE. BY USING THE GDMS WEBSITE AND THE DATABASE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE GDMS WEBSITE AND DATABASE.
In this Contract, unless expressed otherwise, the following terms have the following meanings:
In consideration of, and conditional upon, your payment of the applicable fees to GDMS, GDMS hereby grants you a limited, non-exclusive right to use (in accordance with one of the licence types listed below) the specific Software, as such Software and licence type are identified in the documentation provided by GDMS to you, but only pursuant an subject at all times to the terms and conditions of this Contract. Rights to use the Software do not extend to any Upgrades unless such Upgrades are provided as part of the Software Service for which you have paid the applicable fees. The specific use rights for each licence offered are as follows:
If you have acquired a Registration Licence you may only use the GDMS Website for one user. Only the Registered User may use the GDMS Website and database. The Term of a Single Registration Licence is linked to the time period chosen for the chosen plan. You may change the designated Registration for the GDMS Website provided you contact GDMS prior to attempting to change the registered user for the GDMS Website. Any attempt to change the Registered User without authorisation from GDMS will result in the immediate termination of the Registration Licence.
If the version of the registration is an Academic Registration, you must
The Academic Registration may only be used on the same terms as the Registration Licence. The Academic Registration will expire automatically on the conclusion or termination of your enrolment at an Academic Institution. If you cease to be an Instructor then, unless specifically authorised by GDMS, you must cancel all Academic Registrations and stop using the GDMS Website and database. Academic Registrations must not be transferred.
If you have acquired a Demonstration Registration you may only use the GDMS Website and database for the Registered Demonstration User. The Term of a Demonstration Registration is 3 months. Once the 3 month Demonstration Registration term expires it automatically triggers a full immediate termination of the Demonstration Registration. You may change the designated Registered Demonstration User for the GDMS Website provided you contact GDMS prior to attempting to change the Registered Demonstration User. Any attempt to change the Registered Demonstration User without authorisation will result in the immediate termination of the Demonstration REgistration. No Service Fee is applicable for the Demonstration License.
This Contract shall continue until the earlier of (i) any termination as provided for in this Contact or (ii) the expiration of the Term of the Contract as provided below:
You hereby acknowledge and agree that this Contract will expire automatically at the end of the Term as chosen in your relevant plan. If you wish to extend the Term for an additional period you may do so by remitting the then-current applicable Service Fee to GDMS, upon such time you will be entitled to continue using the GDMS Website and database in accordance with clause 4. You hereby acknowledge and agree that the GDMS Website and database will stop working and become unusable unless you pay the Service Fee. Any use of the GDMS Website and database after the Term expires will be a breach of this Contract.
Unless terminated otherwise in accordance with this Contract, the Contract for the Academic Licence will expire in accordance with the provisions of clause 2(b).
For the avoidance of doubt, this Contract will automatically terminate upon failure by you to comply with its terms. Upon termination or expiration of this Contract, regardless of the reason, the registration or licence rights contained herein shall terminate and you must immediately cease all use of the webaite and database and immediately destroy all registration logins and passwords for the GDMS Website and database. Sections 1, 5, 7, 10 and 11 shall survive any expiration or termination of this Contract.
If the Software is an Upgrade, you may only use the Software if: (i) you have (at the time you receive the Upgrade) a valid registration to use the pre-existing GDMS Website and database and (ii) you have paid the applicable Service Fee.
This GDMS Website and database is provided by GDMS Pty Ltd (GDMS) "as is" and any express or implied warranties, including, but not limited to, the implied warranties and fitness for a particular purpose are disclaimed. GDMS in no way implies or expresses that the code is accurate, precise or fit for purpose in any of the calculations, results or outputs it produces. By using the GDMS Website and database, you accept these limitations. If you do not accept them, do not use the GDMS Website and database.
The code contained in the Software was translated from various freeware and open sources to the ASP.Net platform and GDMS accepts no responsibility for any existing or potential errors that may have arisen or will arise in future due to this translation or the construction of this GDMS Website and database or code. You bear all the risk of using the GDMS Website and database for any purpose.
No warranties of any sort, expressed or implied, are provided in connection with the GDMS Website and database or code or part of it, including, but not limited to, implied warranties or merchantability or fitness for a particular purpose. Any cost, loss or damage of any sort incurred owing to the use, malfunction or misuse of the GDMS Website and database or the inaccuracy of the documentation or any other source implicit or implied, is solely the responsibility of the person who incurred the cost, loss or damage.
Any person or legal entity that uses this GDMS Website and database or the results or outputs of this GDMS Website and database should verify independently that the results or outputs are valid for their expected use or fit for their intended purpose. If you use the GDMS Website and database you do so at your own risk and may not rely on the results or outputs of the GDMS Website and database to make any scientific, business, investment, construction, merchantability or any other decision whatsoever.
In no event shall GDMS be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused , even if GDMS is advised of the possibility of such damage and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the GDMS Website and database, even if advised of the possibility of such damage and is solely the responsibility of the person who incurred the cost, loss or damage.
GDMS reserves the right to make changes, exceptions or additions to these conditions at any time effective prospectively upon posting at www.hydrotoolkit.com or any other future platform.
The following Restrictions apply to the use of the GDMS Website and database:
If the GDMS Website and database does not perform in accordance with the documentation, the entire liability of GDMS and your exclusive remedy will be limited to either, at the decision of GDMS, be replacement of the GDMS Website and database or refund of the license fee you paid for the Software.
This Contract or any claim, cause of action or dispute (claim) arising out of or related to this Contract shall be governed by the laws of the state of Western Australia regardless of your country of origin or where you use the GDMS Website and database and you agree to be subject to the jurisdiction of the courts of Western Australia.
Notwithstanding the above, you agree that GDMS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of this agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to give effect to the intention of the provision. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected in any way.
You agree to make all applicable records available for review by GDMS during your normal business hours to permit GDMS (upon reasonable notice to you) to verify compliance with the terms and conditions with this Contract. If the results of any such inspection result in the underpayment of applicable fees due and payable to GDMS, you shall (i) immediately pay such amounts to GDMS and (ii) reimburse GDMS for the costs of such inspection.
You agree that this agreement constitutes the entire, complete and exclusive agreement between you and GDMS regarding the services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this agreement