This is an agreement between you and JW Scheduler Pty Ltd for use of JW Scheduler. JW Scheduler includes the computer software (“JW Scheduler Desktop Edition”), mobile application (“JW Scheduler – Publisher Edition”, also called “JW Scheduler APP” or the “APP”), the Program Data, Templates, JW Scheduler Transfer Servers, and the electronic documentation (collectively the “PRODUCT”). By installing or otherwise using this PRODUCT, you are agreeing to the terms of this Agreement. If you do not agree to its terms, do not install or use the software.
1. COPYRIGHT. The PRODUCT is owned by JW Scheduler Pty Ltd and is protected by Australian copyright laws, international copyright treaties, and other intellectual property laws and treaties. You may not copy the SOFTWARE except as specifically provided in this Agreement.
2. GRANT OF LICENSE. JW Scheduler Pty Ltd grants you the non-transferable right to use personally the PRODUCT. Subject to restrictions set forth in this Agreement, you may install the PRODUCT onto your personally-owned devices for your own personal, non-commercial use. A FREE license allows you to use the FREE VERSION of the SOFTWARE. An INDIVIDUAL Registration Key allows you to use the FULL VERSION of the SOFTWARE for the period expressed in the Registration Key. The Registration Key may not be shared with anyone else and is for your own personal use. A CONGREGATION Registration Key allows you to use the FULL VERSION of the SOFTWARE for the period expressed in the Registration Key. A CONGREGATION Registration Key may be shared with anyone else in your congregation only. If a member leaves your congregation, they must delete the Registration Key.
The APP may be installed and used for free on your mobile devices. All data in the APP is generated and maintained by your local body of elders. We do not collect any personal data from the APP. The APP requires your local body of elders to be using JW Scheduler Desktop Edition to generate and receive data. Please do not use the APP while driving a vehicle or in a way that violates traffic laws or endangers your safety or the safety of others.
3. RESTRICTIONS ON USE. You may not do any of the following: Sell the PRODUCT including the SOFTWARE; post all or any portion of the PRODUCT including the SOFTWARE on the Internet or on any other electronic network; duplicate for distribution all or any portion of the PRODUCT on any kind of storage device; alter the SOFTWARE; reverse engineer, reverse assemble, reverse compile, disassemble, or decompile the SOFTWARE; sublicense or lease the SOFTWARE; use the SOFTWARE with other access programs; use or call subroutines provided by the SOFTWARE to create new or derivative works, or apps, including utilities; remove or obscure JW Scheduler Pty Ltd copyright and/or trademark notices; or use the PRODUCT, including the SOFTWARE for any commercial purpose.
Do not misuse the PRODUCT. Do not interfere with or try to access them using a method other than the interface and instructions we provide to you. You may use the PRODUCT only as permitted by law and regulations. We may suspend or stop providing the PRODUCT to you if you do not comply with our Terms of Service or provide false information to us.
4. LIMITED WARRANTY. JW Scheduler Pty Ltd warrants that the SOFTWARE will perform substantially in accordance with its electronic documentation. JW Scheduler Pty Ltd makes efforts to provide timely updates to the SOFTWARE and PROGRAM DATA, however any such updates are NOT GAURENTEED and could be discontinued at any time without prior notice.
DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE AND THE ELECTRONIC DOCUMENTATION ARE PROVIDED TO YOU IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR ALL THE RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. YOU ASSUME COMPLETE RESPONSIBILITY FOR THE SELECTION AND INSTALLATION OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PORTION OF THE STATED EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY AMONG JURISDICTIONS.
5. LIMITATION OF LIABILITY. In no event will JW Scheduler Pty Ltd be liable for any lost profits or any damages, including direct, indirect, incidental, special, consequential, or any other type of damages, arising out of this Agreement or the use of the SOFTWARE even if JW Scheduler Pty Ltd has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the foregoing limitations may not apply to you.
6. TERM AND TERMINATION. This Agreement is effective until terminated by you or JW Scheduler Pty Ltd. Your rights under this Agreement will terminate automatically without notice from JW Scheduler Pty Ltd if you fail to comply with any term(s) of the Agreement. Upon termination of this Agreement, you shall cease all use of the PRODUCT and its app, destroy all copies, full or partial, of the PRODUCT and uninstall and delete the SOFTWARE from all devices or other storage medium.
7. THIRD PARTY ACKNOWLEDGEMENTS: Portions of the SOFTWARE include or utilize third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the electronic documentation for the SOFTWARE, and your use of such material is governed by their respective terms.
8. OTHER PROVISIONS. The terms of this Agreement will govern any upgrades provided by JW Scheduler Pty Ltd that replace and/or supplement the original PRODUCT, unless such upgrade is accompanied by a separate license in which case the terms of that license agreement will govern. This Agreement shall be governed by and construed according to the laws of the State of New South Wales, Australia, without regard to conflict of law’s provisions. Any legal action relating to this Agreement shall be brought in a state or federal court having jurisdiction in the State of New South Wales, Australia. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity or enforceability of the other provisions shall not be affected thereby. Failure of JW Scheduler Pty Ltd to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or waiver of the right to enforce such provision. This Agreement constitutes the entire agreement between you and JW Scheduler Pty Ltd concerning the PRODUCT.
9. THE GENERAL DATA PROTECTION REGULATION (GDPR). If you are a resident of the EEA: By registering for the use of the software, you are consenting to the use of your personal information to provide and operate the services provided to you. You must receive the consent of the congregation members to store their information in the application. JW Scheduler Pty Ltd is not responsible for ensuring that consent has been received in compliance with the GDPR.
Effective Date January 1, 2019