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Common use of Australia Clause in Contracts

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.

Appears in 11 contracts

Samples: End User Agreement, End User Agreement, End User Agreement

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Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and and * Apache Log4Net: 2.0.15 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and and * Apache Mime4J: 0.6 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and and * Godror: 0.37.0 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's ’s option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. * Java Architecture for XML Binding - javax.xml.bind:jaxb-api: 2.2.12 1. The source code for such software licensed under the CDDL v. 1.1 is available upon request to TIBCO at xxxxxxx@xxxxx.xxx. COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL - Version 1.1)

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. * Apache-XML Xerces-C++: 3.1.4 Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

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Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. * javax.inject 1 Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at xxxx://xxx.xxxxxx.xxx/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. * smarek httpclient-android 4.5.8 Apache License Version 2.0, January 2004 xxxx://xxx.xxxxxx.xxx/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

Appears in 1 contract

Samples: End User Agreement

Australia. If the Company contracting entity is incorporated in Australia, the following terms apply: 16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited to, at Company's option: 16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and 16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply or is not otherwise enforceable: 16.1.1.3. our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 16.1.2. For major failures with the service, Customer is entitled: 16.1.2.1. to cancel your service contract with us; and 16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value. 16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service; and 16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90 issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates. A claim under any such warranty must be provided in accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in making a claim.. *

Appears in 1 contract

Samples: End User Agreement

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