Wesbeam Pty Ltd
ABN 89 004 268 017
PO Box 217 Wanneroo WA 6946
A person who has accepted these Licence Conditions and has made an independent decision to use the Software
IF YOU START TO USE THIS SOFTWARE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE LICENCE CONDITIONS. PLEASE READ THEM CAREFULLY, AND IF YOU DO NOT ACCEPT THEM, RETURN THE SOFTWARE TO THE PLACE YOU GOT IT FROM, OR CLICK ON THE BUTTON MARKED “NO” BELOW.
In these Licence Conditions:
Intellectual Property Rights
All intellectual property rights (whether registered or unregistered) wherever subsisting, including, without limitation, all patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, know-how, logos, designs, design rights, copyright and similar industrial or intellectual property rights.
Wesbeam Pty Ltd
The Software may be used only for the following purposes: to provide You with the option to specify appropriate sizes of:
- other structural laminated veneer lumber products; and
- selected generic stress grades of other materials for the design of beam elements for houses and other similar structures that meet relevant Australian Standards.
The software program ‘e-house’ and associated software including the ‘Key Up’ utility complying with the Specifications and the Purposes and Licensed to You under these Licence Conditions.
The Software enables You to input relevant data in order to specify individual structural members for a residential house of timber framed construction. The Software provides a report of acceptable structural timber members for the input data used, including performance measures such as deflection, minimum bearing requirements and percentage of strength and stiffness.
Wesbeam and You acknowledge and agree that:
- ‘Getting Started Guide’
You must complete the ‘Getting Started Guide’ prior to using the Software.
- ‘Getting Started Guide’ Essential
The ‘Getting Started Guide’ is essential for Your safety and proper construction outcomes.
- Use of Software only after ‘Getting Started Guide’ Completed
Once You have completed the ‘Getting Started Guide’, You may use the Software solely for the Purposes. There is no charge for the right to use the Software.
- Providing the Software to Third Parties
If You provide a copy of the Software to another person, You must also provide a copy of these Licence Conditions with the Software. You acknowledge that use of the Software by a third party who has not completed the ‘Getting Started Guide’ is not permitted, as it may result in flawed results which if relied upon may cause substantial loss, damage or injury to the third party.
- No Grant of Other Rights
These Licence Conditions do not grant You any rights over the Software that are not expressly stated in the Licence Conditions, except any rights You may have under the Copyright Act 1968 (Cth) with respect to allow error correction and secure testing.
- No obligation on Wesbeam to install, support or upgrade
Wesbeam does not offer, and will not offer, any installation, support or upgrades in respect of the Software. You are invited to report any bugs or errors in the Software to Wesbeam but Wesbeam does not commit to fix such bugs or errors.
- Wesbeam Warranties
Wesbeam provides the Software without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded
- Limitation of Liability
Under no circumstances will Wesbeam be liable for any loss, damage, injury (including, without limitation, any loss of profit, indirect, consequential or incidental loss, damage or injury) incurred;
- howsoever in the use of the Software, where it has been used beyond the Purposes and the Specifications;
- in making a copy of the Software; and
- in reliance upon an inaccurate copy of the Software.
- USE OF THE SOFTWARE DOES NOT REPLACE THE NEED FOR YOU TO USE COMMON SENSE AND GOOD JUDGEMENT IN MAKING DECISIONS ABOUT THE SAFETY AND SOUND CONSTRUCTION OF YOUR PROJECT.
- Wesbeam’s Trademarks
You are granted the right to reproduce Wesbeam’s trademarks in reports generated by the Software. Any other use of Wesbeam’s trademark is expressly prohibited. For the avoidance of doubt, section 26 of the Trade Marks Act 1995 (Cth) is expressly prohibited.
Wesbeam may terminate Your right to use the Software at any time, by giving You 7 days’ notice of termination. On termination, You will return all copies of the Software to Wesbeam, and delete all soft copies of the Software from all computers, drives and servers under Your control.
This Agreement is governed by the law applicable in Western Australia, and Wesbeam and You submit to the exclusive jurisdiction of the Courts of Western Australia.
It is Your responsibility to ensure that You are using the most current version of the Software.