END USER LICENSE AGREEMENT – 'PHARMACY SIMULATOR'

Welcome to the software application titled PHARMACY SIMULATOR (the 'Application') and its accompanying website, https://www.pharmacysim.com (the 'Website'). Collectively, the Application and the Website are referred to as 'the Services'. The Services are owned and controlled by Imitated Environments Pty Ltd (Australian Business Number: 71 625 288 575), ('IEPL' or 'We') and are protected under Australian copyright law, international copyright treaties and other intellectual property laws.

You must read the terms and conditions of this End User Licence Agreement (the 'Agreement') carefully before using the Application. By using, or otherwise accessing the Application or the Website, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page without using the Application.

  1. GRANT OF LICENCE
    1. To be an authorised user you are required to have lawfully acquired a registration key ('Registration Key') either through a third-party institution, or personally. Those individuals with a Registration Key are eligible to obtain access to the Application as an authorised user (an 'Authorised User'). The process to acquire Registration Keys can be found HERE.
    2. The Application is licensed, not sold, to you. IEPL grants you as an Authorised User, an non-exclusive, revocable licence to install and use a royalty free copy of the Application on any compatible personal computing devices, for personal use during the Term only, and in accordance with this Agreement.
    3. You acknowledge that IEPL owns all right, title and interest, including without limitation all intellectual property rights, in and to the Application and that you will not acquire any right, title or interest in or to the Application or the Website except the limited license expressly set forth in clause 1.1 above.
    4. All rights not expressly licensed in the clause 1 are reserved by IEPL, and IEPL disclaims any and all implied licenses. The copyright and all other rights to the Application will remain with IEPL.

  2. LIMITATION OF LICENCE

    You must not:

    1. Make copies of the Application except as expressly permitted in this Agreement;
    2. Translate, reverse engineer, decompile, or disassemble the Application;
    3. Remove or alter any copyright, trademark or other proprietary rights notices contained in the Application, the Website or any other IEPL content;
    4. Rent, lease, loan, sub-license, distribute, assign, or transfer the Application;
    5. Use the Application for any unauthorized purpose or in violation of any applicable laws or regulations; or
    6. Modify the Application or merge all or any part of the Application with another program.

  3. TERM AND TERMINATION
    1. This License will continue for as long as your Registration Key is valid and you remain an Authorised User.
    2. This License will terminate automatically without notice from IEPL if you fail to comply with any of its terms or conditions. Upon termination your access to content within the Application will be limited to that of the free version. The Limitations of Warranties and Liability set out below will continue in force even after any termination.

  4. YOUR OBLIGATIONS AND ACKNOWLEDGEMENTS AS AN AUTHORISED USER

    As an Authorised User, you acknowledge and/or agree to comply with the following:

    1. You will use the Services only for purposes that are permitted by these Terms, and any applicable law.
    2. You have sole responsibility for protecting the confidentiality of your password and/or email address;
    3. Access and use of the Service is limited, and non-transferable. This includes use of any materials you obtain through the Service. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify IEPL of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    4. You acknowledge that all User Generated Content (defined below) is original to you.

  5. YOUR INTELLECTUAL PROPERTY
    1. The intellectual property of all content created or uploaded by you while accessing, using or interacting with any part of the Services ('User Generated Content') remains with the owner or creator.
    2. In consideration for the use of the Services you grant to IEPL, a non-exclusive irrevocable and worldwide licence in perpetuity to use the rights in any User Generated Content that are owned by you in connection with the Services, and any derivative works of these Services without limitation, and without any further payments to you, or any consent or further authorisation from you.
    3. Use of the User Generated Content will be non-personal or identifiable in nature and will be used in accordance with our privacy policy.

  6. LIMITATION OF WARRANTIES AND LIABILITY
    1. The Application is provided on an 'as is' basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Application and for the use of any third-party website or service, and IEPL disclaims all liability for any loss, injury or damage resulting from use of the Application and any third-party website, whether direct or indirect.
    2. Notwithstanding any other clause in this Agreement and to the extent permitted by law, the maximum liability of IEPL arising out of or relating to this Agreement both during and after the Term shall be limited to the total cost of the resupply of the Services.

  7. THIRD PARTY AGREEMENTS
    1. The terms contained in this Agreement are intended to complement the provisions contained in the Services Terms of Service and to the extent there is any inconsistency, that agreement shall prevail.
    2. Nothing contained in this agreement shall purport to govern or change, in any way, your relationship with any third party, including any terms of use or any other applicable agreement. IEPL disclaims any obligation or liability on the part of any third party to provide support or other services to the end user.

  8. INDEMNITY

    You agree to indemnify and hold harmless IEPL, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Application, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.


  9. GENERAL

    This Agreement will be governed by and construed in accordance with the laws of Tasmania, Australia. You agree to be bound by the laws of that state.


  10. PRIVACY

    The IEPL Privacy Policy in respect of the use of the Services can be found here.