5. WARRANTIES AND SERVICE PROVIDERS
5.1. The Licensee acknowledges that:
5.1.1. The Software has not been guaranteed by the Licensor to be error free, may contain errors and that any errors in the Software are not a breach of this EULA.
5.1.2. The Software has not been developed to meet the Licensee’s individual requirements unless it is customised;
5.1.3. It is the Licensee’s responsibility to ensure that the Software meets his, her or its requirements; and
5.1.4. For the purposes of clause 5.1.3 above, he, she or it has been provided with a reasonable period (including the duration of any free trial) to examine the Software before being required to pay the Licence Fee in accordance with the terms of this EULA and is satisfied as a result of that examination that the Software is suitable for that purpose.
5.2. In the event that the Licensor is unable within a reasonable time to correct an error, defect or problematic functionality in the Software in accordance with clause 3.5 above, the Licensor may in its absolute discretion refund the whole or part of the Licensee Fee paid by the Licensee.
5.3. The Licensee acknowledges and agrees that, subject to clause 5.2 above and to the fullest extent permitted by law, the Licensor is not to be liable for any other loss or damage suffered by the Licensee as a result of its installing or using the Software, whether such loss or damage is direct or indirect, consequential or otherwise whatsoever, and any such liability otherwise subsisting is hereby expressly negatived. The Licensee agrees to indemnify the Licensor and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, legal fees on a solicitor and own client basis) caused by or arising from the Licensee’s use of the Software and the Licensor’s service, any violation by the Licensee of these terms or the Licensee’s infringement, or infringement by any other user of its account, of any intellectual property or other right of anyone.
5.4. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law
5.5. Subject to clause 5.4 above, all warranties other than those expressly set forth herein are hereby negatived to the fullest extent permitted by law.
5.6. The Licensee warrants that it has provided true, accurate, current and complete information about itself and its accounts maintained at other web sites or providers (if applicable) and agrees to not misrepresent its identity or account information. The Licensee agrees to keep its account information up to date and accurate.
5.7. The Licensor may deploy code developed by third party Service Providers or develop linkages with software or services provided by third party Service Providers in order to enhance the Software or to provide additional services to the Licensee. By using the Software and service, the Licensee authorises the Licensor and Service Provider to access third party sites designated by the Licensee, on its behalf, to retrieve information requested by it, and to register for accounts requested by it. For all purposes hereof, the Licensee hereby grants the Licensor and Service Provider a limited power of attorney, and the Licensee hereby appoints the Licensor and Service Provider as its true and lawful attorney-in-fact and additionally as agent, with full power of substitution and resubstitution, for it and in its name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use the Licensee’s information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as the Licensee might or could do in person. The Licensee acknowledges and agrees that when the Licensor or Service Provider accesses and retrieves information from third party sites, the Licensor and Service Provider are acting as the Licensee’s agent, and not the agent or otherwise on behalf of the third party. The Licensee agrees that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by it. The Licensee understands and agrees that the Software and service is not endorsed or sponsored by any third party account providers accessible through the Software and service.
5.8. To the extent that the Software contains code that was not developed by the Licensor, the Licensor warrants that it holds any necessary licences to use that code and is authorised to sublicence it for use by the Licensee in accordance with this EULA.