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Skop.es End User Licence Agreement.
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Disclaimer of Warranties. The Website is provided “as is”. Skop.es Pty Ltd and its suppliers, licensors and personnel hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Skop.es Pty Ltd nor its suppliers licensors and personnel, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Skop.es Pty Ltd, or its suppliers licensors and personnel, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Skop.es Pty Ltd under this agreement during the twelve (12) month period prior to the cause of action. Skop.es Pty Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Skop.es Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys\\\\\’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Skop.es Pty Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Skop.es Pty Ltd, or by the posting by Skop.es Pty Ltd of a revised version.
Intellectual Property. This Agreement does not transfer from Skop.es Pty Ltd to you any Skop.es Pty Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Skop.es Pty Ltd.
Skop.es Pty Ltd, and all other trademarks, service marks, graphics and logos used in connection with www.criticalsuccessfactorcalculator.com, or the Website are trademarks or registered trademarks of Skop.es Pty Ltd or Skop.es Pty Ltd\\\\\’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Skop.es Pty Ltd or third-party trademarks.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Melbourne, Australia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Melbourne, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys\\\\\’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties\\\\\’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Skop.es Pty Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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