Licence to IT Platform. (a) The Principal grants to the Operator a non-transferable, non-exclusive, royalty- free licence for the Term to use the IT Platform for the sole purpose of performing its obligations under this Agreement. (b) The Operator must not sub-license any of the rights granted under clause 16.3 (a) without the Principal's prior written consent. (c) To the extent permitted by law (including the Australian Consumer Law if applicable), the Principal makes no representations, warranties or guarantees about the IT Platform (including about any information that is input into the IT Platform), including that it will be accurate, current, reliable, timely, available, secure, complete, up-to-date or of a certain quality, or that it will operate in combination with any other hardware, software, system, or data, or that it is free from defects, bugs, viruses, errors or other harmful components, or that any stored data will not be lost or corrupted. The IT Platform and all other products and services made available to the Operator in connection with this Agreement are provided "as is" and to the extent permitted by law (including the Australian Consumer Law if applicable), the Principal disclaims any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory. (d) To the extent not excluded under clause 16.3(c) the Principal's liability in respect of the IT Platform under this Agreement is capped at $1,000. (e) The Operator acknowledges that, through its use of the IT Platform, it may have access to Scheme Data. The Operator acknowledges that Scheme Data is the sole and valuable property of the Principal and that any unauthorised disclosure, use or loss of it could give rise to damage to the Principal. The Operator assigns to the Principal all Intellectual Property that the Operator would otherwise have in Scheme Data. The Operator must not assert any lien or other right against or to Scheme Data or otherwise deal with Scheme Data.
Appears in 2 contracts
Samples: Refund Point Agreement, Refund Point Agreement
Licence to IT Platform. (a) The Principal grants to the Operator a non-transferable, non-exclusive, royalty- free licence for the Term to use the IT Platform for the sole purpose of performing its obligations under this AgreementDeed.
(b) The Operator must not sub-license any of the rights granted under clause 16.3
(a16.1(a) without the Principal's prior written consent.
(c) To the extent permitted by law (including the Australian Consumer Law if applicable), the Principal makes no representations, warranties or guarantees about the IT Platform (including about any information that is input into the IT Platform), including that it will be accurate, current, reliable, timely, available, secure, complete, up-to-date or of a certain quality, or that it will operate in combination with any other hardware, software, system, or data, or that it is free from defects, bugs, viruses, errors or other harmful components, or that any stored data will not be lost or corrupted. The IT Platform and all other products and services made available to the Operator in connection with this Agreement Deed are provided "as is" and to the extent permitted by law (including the Australian Consumer Law if applicable), the Principal disclaims any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.
(d) To the extent not excluded under clause 16.3(c16.1(c) the Principal's liability in respect of the IT Platform under this Agreement Deed is capped at $1,000.
(e) The Operator acknowledges that, that through its use of the IT Platform, Platform it may have access to Scheme Data. The Operator acknowledges that Scheme Data is the sole and valuable property of the Principal and that any unauthorised disclosure, use or loss of it could give rise to damage to the Principal. The Operator assigns to the Principal all Intellectual Property that the Operator would otherwise have in Scheme Data. The Operator must not assert any lien or other right against or to Scheme Data or otherwise deal with Scheme Data.
Appears in 1 contract
Samples: Material Recovery Agreement
Licence to IT Platform. (a) The Principal grants to the Operator MRFO a non-transferable, non-exclusive, royalty- free licence for the Term to use the IT Platform for the sole purpose of performing its obligations under this AgreementDeed.
(b) The Operator MRFO must not sub-license any of the rights granted under clause 16.316.1
(a) without the Principal's prior written consent.
(c) To the extent permitted by law (including the Australian Consumer Law if applicable), the Principal makes no representations, warranties or guarantees about the IT Platform (including about any information that is input into the IT Platform), including that it will be accurate, current, reliable, timely, available, secure, complete, up-to-date or of a certain quality, or that it will operate in combination with any other hardware, software, system, or data, or that it is free from defects, bugs, viruses, errors or other harmful components, or that any stored data will not be lost or corrupted. The IT Platform and all other products and services made available to the Operator MRFO in connection with this Agreement Deed are provided "as is" and to the extent permitted by law (including the Australian Consumer Law if applicable), the Principal disclaims any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.
(d) To the extent not excluded under clause 16.3(c16.1(c) the Principal's liability in respect of the IT Platform under this Agreement Deed is capped at $1,000.
(e) The Operator MRFO acknowledges that, that through its use of the IT Platform, Platform it may have access to Scheme Data. The Operator MRFO acknowledges that Scheme Data is the sole and valuable property of the Principal and that any unauthorised disclosure, use or loss of it could give rise to damage to the Principal. The Operator MRFO assigns to the Principal all Intellectual Property that the Operator MRFO would otherwise have in Scheme Data. The Operator MRFO must not assert any lien or other right against or to Scheme Data or otherwise deal with Scheme Data.
Appears in 1 contract
Samples: Material Recovery Agreement