Express Shipper Terms & Conditions
1. Grant and Acceptance of Non-Exclusive Licence
1.1 TNT Australia Pty Limited ("TNT") grants you a non-exclusive,
non-transferable royalty free licence to use the TNT Express Shipper Software ("Software")
conditional on you, the Licensee, agreeing to these terms and conditions. By
using the Software, you agree to these terms and conditions. If you do not
wish to accept these terms and conditions you must:
(a) not use the
Software; and
(b) immediately
return the Software to TNT.
2. Your Obligations
2.1 You must ensure that your systems are year 2000 compliant.
2.2 You must not and must not allow any other person to:
(a) copy the Software
(except to make 1 copy for backup purposes, which must bear the same copyright notice
as the original);
(b) alter, modify,
tamper with, reverse engineer or attempt to reverse engineer the Software;
(c) use the Software
to develop other software or permit the Software to be combined with or incorporated
in other software;
(d) transfer, lease,
loan, distribute or disclose the Software to any other third party; and/or
(e) electronically
transmit the Software from one computer to another or over a network except for
a local area network of which all terminals or modes are located completely within
your physical location.
2.3 You acknowledge that:
(a) TNT makes no
express warranties about the Software or its use by you;
(b) the Software
may contain errors, including errors in relation to year 2000 compliance;
(c) all copies
of the Software remain the property of TNT; and
(d) while TNT will
use commercially reasonable efforts to correct errors notified to it or of which
it becomes aware, TNT does not warrant that it will be able to correct the errors.
2.4 You must protect the Software while it is in your possession,
including against unauthorised use, access or damage.
3. Liability - Limitation and Exclusion
3.1 You agree that, to the extent permitted by law, TNT excludes
all liability to you in any cause of action whatsoever including without limitation,
in negligence of TNT, its employees, agents and contractors and in contract for
direct and consequential or indirect damages, arising out of or in connection with
the Software and this Licence, even if:
(a) TNT knew they
were possible; or
(b) they were otherwise
foreseeable, including without limitation, lost profits and damage suffered as a
result of claims by any third person, such as one of your customers.
4. Termination
4.1 TNT may terminate this Licence with immediate effect by giving
written notice to you at your address.
4.2 On termination of this Licence:
(a) you must return
or destroy all copies of the Software (at TNT’s election); and
(b) neither party
must use or disclose to any person any confidential information of the other party,
in its possession or control.
5. Intellectual Property
5.1 You agree that the intellectual property in
the Software and all copies of it are the property of TNT.
5.2 The Software contains copyrighted material,
trade secrets and other proprietary material belonging to TNT. In order to
protect TNT's rights you must not decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-perceivable form.
6. General
6.1 This Licence does not cover support or other
services for the Software.
6.2 This Licence will be governed by the laws of
the State of New South Wales.
6.3 This Licence constitutes the entire understanding
between the parties on the subject matter and supersedes all prior communications.
