...
In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, these guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act.
Software provided on an 'as is' basis
Except as required by the Consumer Guarantees, Wise Owl Legal provides the Software to you on an "as is" basis and without any representations by Wise Owl or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
Defects in media
In addition to any rights and remedies you have under the Consumer Guarantees, Wise Owl Legal warrants that the media on which the Software is recorded is free from defects in manufacture for a period of 90 days from the date of delivery (for on-line purchases) or 90 days from the date of purchase (for in-store purchases). During this period, subject to clause (c), Wise Owl Legal will replace any defective media on which the Software was supplied and any Software on that media, free of charge, unless you caused damage to the media due to poor handling.
To make a claim under clause (b), you must:
(i) email Wise Owl Legal with the subject line 'warranty claim', and include the following: (A) in the body of the email, provide the IKC, detail the fault and whether a workaround has been provided by a member of Wise Owl Legal's support team; and (B) provide a copy of the receipt or proof of purchase and payment. Once Wise Owl Legal receives the information, Wise Owl Legal will provide a preliminary assessment of the claim and contact you to advise Software assessed on a preliminary basis to be defective by Wise Owl Legal will be replaced by Wise Owl Legal and sent to you at Wise Owl Legal’s cost.
No guarantee that Software will be error free or that its use will be uninterrupted:
While Wise Owl Legal has endeavoured to make sure that the Software works substantially as per the specifications published by Wise Owl Legal from time to time, except as required by the Consumer Guarantees, Wise Owl Legal does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that its use will be uninterrupted.
Internet access, telecommunications networks, firewalls and security:
...
If you have purchased a subscription version of the Software, the following will apply.
Entitlement to Upgrades and Updates:
During the period for which you have paid subscription fees you will receive, included in the cost of the subscription, all Upgrades and/or Updates of the Software, via Internet download.
No extension of License term:
Your right and entitlement to use the Software, as enhanced by any Upgrades and/or Updates, concludes at the end of the term of the License (subject to payment of an annual subscription fee) and is not linked to the dates of release, registration or provision by Wise Owl Legal of any Upgrades and/or Updates.
This License prevails:
If you have purchased this Software as an Upgrade to an earlier version of the Software, this License shall supersede any previous License agreement.
Not all Upgrades included:
Your subscription to the Software and any Upgrades and/or Updates under this License does not grant you the right to receive special versions of the Software created for certain customers or market segments, even though they may contain similar features or functions. Versions of the Software which may from time to time be offered in retail or other channels in different configurations as special promotions are not included as part of the subscription.
No obligation on Wise Owl Legal to upgrade:
Upgrades and/or Updates will be developed and released by Wise Owl Legal in its sole discretion, and Wise Owl Legal does not warrant or represent that it will develop or release any Upgrades and/or Updates during the term of the subscription period or License. Furthermore, Wise Owl Legal does not warrant that the Upgrades and/or Updates will be provided to you or made available within any specified time period following the commercial release of such Upgrades and/or Updates.
Early termination:
If you wish to terminate your subscription early, you must do so by giving Wise Owl Legal no less than one calendar month notice to that effect.
11. Trial License:
If you have been provided with a Trial Version of the Software, the following terms will apply to your use of the Trial Version.
Your License to use the Trial Version:
permits you to evaluate the Software's functionality and suitability for your requirements;
Is for the number of users set out in the material accompanying your copy of the Trial Version;
You acknowledge that your License to use the Trial Version will only apply for the Evaluation Period. At the end of the Evaluation Period:
you must not and will not be able to continue to access the Trial Version, including any data that you have entered into the Trial Version; and
If you wish to use the Software you must purchase a full version or subscription version of the Software.
You:
Are not entitled to Upgrades or Updates (or any other software other than the Trial Version); and
may be required to pay for any technical support that you may require in relation to the Trial Version in accordance with Wise Owl Legal's then current charges.
Definitions:
Trial Version means Software that has been provided to you on a temporary basis in order to carry out a trial of that Software to determine whether you wish to use the Software on an ongoing basis.
...