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EULA

SolBox End User License Agreement

This End User License Agreement (EULA) is a legally binding agreement between you and SolBox Pty Ltd (SolBox) which governs your use of the version of SolBox’s computer programs (including the SolBox Interface and hardware applications) specified in the Order Form (SolBox Software).By using the SolBox Software that is embedded on the Product or through the SolBox Interface, you agree to the terms of this EULA between you and SolBox.If you do not agree to be bound by the terms of this EULA, you will not be permitted to download/install and/or use the SolBox Software.Your purchase, rental or other means of control of the Product (excluding the SolBox Software) is governed by any third party which are provided with the Product. This EUL A does not govern your use of the Product (excluding the SolBox Software).

In this EULA,:

  1. “Australian Consumer Law” or “ACL” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  2. “Consumer” means a person or entity acquiring goods or services as a “consumer” as that term is defined in the Australian Consumer Law;
  3. “Your Data” means the location data, vehicle data, and any other data provided by you to SolBox for the purposes of the SolBox Software;
  4. “Mobile Carrier Services” means mobile electronic communication services, including GSM/GPRS data transmissions.
  5. “Order Form” means the Order Form to which this EULA is attached/related.
  6. “Privacy Act” means the Privacy Act 1998 (Cth).
  7. “Product” means the mobile based product which is made up of hardware and software which is provided by any third party provider and which is connected to GPS and Mobile Carrier Services, including without limitation, mobile phones and tablets and which is used for the purpose of obtaining, sending and receiving Your Data and communicating with the SolBox Interface.
  8. “SolBox Interface” means the online, cloud-based web interface conducted by SolBox which provides you with the ability to monitor Your Data via transmissions between the Product and other means of access to the SolBox Interface.
  9. “SolBox Software” means SolBox software installed on each Product and the SolBox Interface.
    License
  1. 1.1 In consideration of your payment to SolBox of the License fees and charges that relate to SolBox Software and all other charges set out in the Order Form (License Fees) (as prospectively varied from time to time by notice in writing from SolBox to you)1.2 Yearly advance and subject to the terms of this EULA, SolBox grants to you a limited, non-transferrable and non-exclusive License (without the right to sub-license) to use the SolBox Software solely on the Product that you own, rent or otherwise control and solely for use in conjunction with the Product and through the SolBox Interface for your commercial purposes.
    1.3 The License of the SolBox Software is for the permitted number of users set out in the Order Form only (Permitted Number of Users).
    1.4 You may increase the Permitted Number of Users at any time subject to SolBox’s consent and payment of applicable License fees.
  2. Restrictions
    2.1 You agree not to, and you will not permit others to:
  3. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the SolBox Software or make the SolBox Software available to any third party;
  4. copy, use or deal in the SolBox Software for any purpose other than as permitted in the Order Form;
  5. use any portion of the SolBox Software on any device or computer other than the Product that you own, rent or otherwise control or through the SolBox Interface;
    remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SolBox Software; or
  6. sub-License, loan, copy, modify, adapt, merge, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the SolBox Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact SolBox and provide SolBox an opportunity to create such changes as are needed for interoperability purposes). SolBox will have the right to impose reasonable conditions upon such supply including the imposition of a reasonable fee. You may not release the results of any performance or functional evaluation of any of the SolBox Software to any third party without prior written approval of SolBox for each such release.
  7. Products and Minimum Specifications
    3.1 You are responsible for:
  8. supplying properly working Products and means of access to the SolBox Interface and ensuring that each Product and means of access to the SolBox Interface is connected to an appropriate Mobile Carrier Service;
  9. ensuring the Product and means of access to the SolBox Interface have properly functioning browser software and internet access to the SolBox Software with sufficient bandwidth;
  10. the correct configuration of the SolBox Software, Product and means of access to the SolBox Interface; and
  11. ensuring that the Products and means of access to the SolBox Interface are installed and operated on are compatible and appropriate, including without limitation in accordance with minimum specifications that may be provided by SolBox from time to time.
    3.3 SolBox does not warrant that GPS or the Mobile Carrier Services will continue to support the functionality offered by the SolBox Software nor that you will be able to successfully use the SolBox Software for its intended use due to the fact that such use depends partly on circumstances beyond SolBox’s reasonable control, including those circumstances for which you are responsible pursuant to clause 3.2. SolBox shall not be liable for any loss caused as a result of the foregoing.
    3.4 You acknowledge and agree that:
  12. due to the intermittent nature of the internet and mobile networks, the SolBox Software may be temporarily unavailable from time to time;
  13. Mobile Carrier Services may be delayed or not delivered from time to time;
  14. there may be location errors due to the GPS data or typographical errors in the Mapping Data used;
  15. the operation of the SolBox Software is dependent on the Products and means of access to the SolBox Interface having access to the Mobile Carrier Services or a GPS signal;
  16. If a Product or other means of access to the SolBox Interface are in a location where it cannot get coverage from Mobile Carrier Services or a GPS signal, then SolBox will not be able to locate the Product and other means of access to the SolBox Interface until such time as it moves into an area with network coverage or capable of receiving such signal;
  17. SolBox is not liable to you or any other person for faults or defects that arise in services and products not provided under this EULA (even if they are connected, with our consent, to the Products or SolBox Software under this EULA) which are due to incompatibility with the SolBox Software, including without limitation Mobile Carrier Services, Products and other means of access to the SolBox Interface;
  18. the SolBox Software is not fail safe and are not to be used for emergency use where failure of the SolBox Software or inaccurate location information could lead to property damage, personal injury or death;
  19. While SolBox uses reasonable efforts to ensure the accuracy, correctness and reliability of the SolBox Software, SolBox makes no representations or warranties as to the accuracy, correctness or reliability of any content, product, service or data supplied by SolBox;
  20. SolBox is not liable for the consequences of your failure to independently check such information, including for any wasted expenditure, personal injury or loss of, or damage to, tangible property that results from your reliance on the SolBox Software;
  21. SolBox does not promise that the SolBox Software will be error free or uninterrupted;
  22. SolBox cannot guarantee that files you download will be free of contamination or destructive properties; and
  23. SolBox suggests you always install and use anti-virus and antispyware
    .SolBox Software
    3.1 You undertake not to remove the SolBox Software and any removal and/or reinstallation of SolBox Software will only be performed by SolBox.
    3.2 You acknowledge and agree that if it or a third party installs other software, hardware or any other information technology infrastructure for use in conjunction with the Product and/or the SolBox Software, such installation may adversely affect the performance of the SolBox Software.
    You acknowledge and agree that it is your responsibility to ensure that the Product and other means of access to the SolBox Interface onto which the SolBox Software is installed is adequate to operate the SolBox Software (having regard, where applicable to other software installed on the Product, other means of access to the SolBox Interface and/or to any specifications that SolBox from time to time notifies you are necessary for the efficient operation of the SolBox Software) and in good standing and working order.
    Updates
  24.  1. Any future release, update, or other addition to the functionality of the same software version of the SolBox Software, if any, provided by SolBox (collectively, Updates) will be subject to the terms of this EULA, unless SolBox states otherwise in writing. To keep your SolBox Software up-to-date, SolBox may automatically provide your Product and other means of access to the SolBox Interface with Updates to the SolBox Software.

    3.4 You acknowledge and take responsibility that software updates will occur regularly by SolBox and will require you to download the updated version of the SolBox application(s) on any device, to maintain working use of all features and functionality.

    3.5 For the avoidance of doubt, clause 4.1 will not entitle you to subsequent versions of the SolBox Software, which will require you to enter into a new software License agreement with SolBox and/or to agree to pay additional fees.

    License Fees
    4.1 If you notify SolBox that you wish to continue use of the SolBox Software after the Initial Term, or if SolBox accepts your Order Form for a License, you will be charged and must pay the then current License fee for the applicable term. Any change to the term, Permitted Number of Users and applicable License fees must be agreed between SolBox and you in writing.

    4.2 Unless otherwise specified on the Order Form, you must pay the License Fee in advance for each term. The fees paid for each term are non-refundable – there will be no refunds or credits for partial terms, upgrade/downgrade refunds or account cancellations.

    4.3 The prices payable for the SolBox Software may be amended from time to time by SolBox.

    4.4 SolBox Software is priced in Australian Dollars and excluding Goods and Services Tax (GST) and any other applicable taxes chargeable at the current rate, unless otherwise specified.

    Ownership
    5.1 The SolBox Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of SolBox and its licensors.

    5.2 SolBox and its licensors reserve all rights in and to the SolBox Software not expressly granted to you in this EULA.

    5.3 The SolBox Software (and all copies thereof) is Licensed to you, not sold, under this EULA.

    5.4 There are no implied Licenses in this EULA.

    5.5 All suggestions or feedback provided by you to SolBox with respect to the SolBox Software shall be SolBox property and deemed Confidential Information (defined below) of SolBox.
    Open Source and Third Party Service Providers

    6.1 Certain items of software included with the SolBox Software are subject to “open source” or “free software” Licenses or other License rights held by SolBox (Source Software).

    6.2 Some of the Source Software is owned by third parties.

    6.3 The Source Software is:not subject to the terms and conditions of this EULA.
    Licensed under the terms of the end user License that accompanies such Source Software.

    6.4 Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user License for the Source Software.

    6.5 You acknowledge and agree that:
    SolBox engages third party service providers in order to provide the SolBox Software;

  1. you are required to comply with all requirements and restrictions that these third party service providers may impose on you directly, or indirectly by imposition on SolBox, in relation to their respective products and/or services;
  2. provision of the SolBox Software is subject to, and dependent upon, adequate delivery of products and services by these third party service providers;
  3. SolBox’s liability is reduced to the extent that loss or damage of any kind is caused, or contributed to, by third party service providers;
  4. the third party service providers and their terms of supply may change from time to time during the currency of this EULA;
  5. any third party integrations either built or deployed or not by SolBox are not the responsibility of SolBox in the case that updates or additional professional services is required to support any integration. SolBox fees apply for any additional professional services to maintain integration.
    Term and Termination
    7.1 This EULA and the License granted hereunder are effective on the date hereof and shall continue for the initial term set out in the Order Form (up to 60 Months) unless this EULA is terminated under this clause.
    7.2 SolBox may terminate this EULA by giving written notice to this effect to you if:
  6. any sum payable by you to SolBox under this EULA is not received by SolBox within seven (7) days of the due date for such payment;
  7. you breach any of your other obligations under this EULA;
  8. a warranty, representation or statement made or deemed to be made by you in or relating to, or leading up to the making of, this EULA is untrue or misleading or incomplete in any material respect;
  9. an application or an order is made to or by a Court or a resolution is passed for winding you up or a receiver, an administrator, a liquidator or any other controller is appointed to you or the whole or any part of your undertaking, your property or assets.
    7.3 Early terminationis deemed a breech and the client must pay any remaining months subscription, if the client wishes to end this EULA earlier then agreed date.
    7.4 The termination for the subscription to the SolBox service and for, where applicable, the purchase or rental of Products, commences on the date stated in the Contract and shall expire after the initial term. Following the initial Term, the contract shall automatically renew for consecutive additional periods of 3 months, unless either Party gives the other Party written notice of its intention not to renew at least 3 months prior to the date on which the contract would otherwise renew.
    7.5 If entering a month-to-month arrangement with SolBox a minimum of 31 days’ notice will be required to end the service, any invoices due remain due within the 31 day notice term.
    7.6 Upon termination of this EULA, the License granted hereunder will terminate and you must stop all use of the SolBox Software, you must return to SolBox the SolBox Software and all copies thereof or, at SolBox’s request, destroy the same and certify to SolBox that this has been done.
    7.7 All rights of SolBox in existence prior to the termination of this EULA will survive termination of this EULA and the terms of clauses 2 through 16 (inclusive) will remain in effect, after any such termination.
    Warranty Disclaimer
    8.1 Notwithstanding anything to the contrary and to the maximum extent permitted by applicable law, SolBox provides the SolBox Software “as-is” and “with all faults,” and disclaims all warranties and conditions, whether express, implied, or statutory, including the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement of third-party rights.
  10. 8.2 SolBox does not guarantee any specific results from the use of the SolBox Software.
    8.3 SolBox makes no warranty that the SolBox Software will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free.
    Limitation of Liability
    9.1 Nothing in this EULA operates to exclude, restrict or modify the application of any provision, the exercise of any remedy, or the imposition of any liability under the Australian Consumer Law (ACL) or any other statute where to do so would:
  11. contravene that statute; or
  12. render any part of this clause or this EULA to be void.
    9.2 You acknowledge and agree that SolBox’s liability:
  13. for SolBox Software supplied to a Consumer, is governed solely by the ACL;
  14. for SolBox Software not supplied to a Consumer does not extend to any incidental, indirect, special or consequential loss or damage, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of contracts, loss of goodwill, or loss arising from business interruption arising out of or in connection with the purchase, use, operation or performance of the SolBox Software.
    9.3 Notwithstanding anything to the contrary but subject to the last sentence of this clause, and to the extent to which the consumer guarantees under the ACL do not apply, SolBox:
  15. makes no representations or warranties concerning fitness for purpose or quality of the SolBox Software, and you must assure yourself of these matters having regard to your circumstances;
  16. expressly negates and excludes all conditions and warranties which might otherwise by implied by law;
  17. is not and will not be liable for any claim by you for breach of representation or warranty unless notice is given in writing to us within two days of provision of the relevant SolBox Software or within any other time prescribed by this EULA;
  18. will not be liable to you, or any third party, for:
  19. loss, damage, any loss of use, lost data, lost profits or contracts or other indirect, consequential, exemplary, incidental, special or punitive damages relating to:
    The SolBox Software or this EULA (including, but not limited to, losses arising from inaccuracy of data produced by the SolBox Software, loss arising from reliance on such data, out of pocket expenses incurred as a result of failure of the SolBox Software to function accurately or at all, corruption or destruction of your data);
    Any failure by you to keep full and up-to-date security copies of your data and the programs you use in accordance with best computing practice;
    You or a third party installing other software, hardware or any other information technology infrastructure for use in conjunction with the product and/or SolBox Software;
  1. Any failure by you to install and maintain adequate and up-to- date anti-virus and firewall protection for the product and/or SolBox Software;
  2. the failure of the SolBox Software to meet the consumer guarantees in the ACL results from:
    an act, default, or omission of, or representation made by, any person other than it or its employee or agent;
  1. due to a cause independent of human control that occurs after the SolBox Software leaves its control; and/or
  2. in relation to the consumer guarantee as to acceptable quality, a flaw to which the final consumer was aware of, or ought reasonably to have been aware of, at the time of purchase
    even if SolBox has been advised of the possibility of such damages, and
  3. For SolBox Software which is not supplied to a Consumer, SolBox’s total cumulative liability in connection with the SolBox Software and this EULA, whether in contract or tort or otherwise, will not exceed the total amount paid by you to SolBox. The existence of more than one claim will not enlarge this limit. SolBox disclaims all liability of any kind of SolBox’ suppliers.
    4 You should not use any SolBox Software or product that requires action or input from you while you are driving.
    9.5 In relation to SolBox Software that is not of a kind ordinarily acquired for personal, domestic or household use or consumption, SolBox’s liability to you arising from the consumer guarantees in the ACL is, to the fullest extent permitted by law, limited to any one or more of the following as reasonably determined by SolBox:
  4. replacing or repairing the SolBox Software;
  5. supplying the equivalent SolBox Software;
  6. paying the cost of replacing or repairing the SolBox Software; and
  7. paying the cost of acquiring or licensing the equivalent software. 
  1. Except as otherwise provided for above and to the extent permitted by law, SolBox accepts no liability under or in connection with this EULA or its subject matter whether in contract, tort (including negligence), under statute or otherwise for any loss of or damage to business or reputation, loss of revenue, loss of profits, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any other equipment, loss of use of the system on which the SolBox Software operates, or indirect, special or consequential loss or damage.
    9.7 Except as otherwise provided for above and to the extent permitted by law, SolBox excludes all SolBox’s liability to you or any other person claiming through you, for any costs, loss, expenses, liability or damage, regardless of the form of action, whether in contract, tort (including negligence), under statute or otherwise, and whether arising from SolBox’s performance or non- performance of its obligations under this EULA.
  1. You Indemnity
    10.1 You indemnify SolBox, and shall keep SolBox indemnified at all times, against, and agree to pay to SolBox the amount of, any liability, loss, claim, demand, action, proceedings, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, legal fees and other dispute resolution expenses on an indemnity basis) which SolBox may suffer or incur in relation to:
  2. the enforcement of a right by SolBox under this EULA;
  3. any kind of property damage, economic loss or the death of, or any kind of injury to, a person caused directly or indirectly by the SolBox Software or using the SolBox Software;
  4. any claim made against SolBox in respect of the SolBox Software, its condition, operation, maintenance or use including, without limitation, any claim for infringement of any intellectual property right or a claim for strict liability; and
  5. any breach of any Act, law or regulation or use or misuse of the SolBox Software, including but not limited to, any breach of privacy or claim of illegality in the use, operation, or access to SolBox Software including the collection of location, tracking and monitoring information.
    10.2 Each indemnity in this EULA is a continuing obligation, separate and independent from your other obligations and survives the termination of this EULA.
    Governing Law; Venue
    11.1 This EULA, and any claim, dispute or controversy relating to this EULA, will be governed by the laws of New South Wales, Australia, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction.
  6. 11.2 Any action or proceeding relating to this EULA must be brought in a federal or state court located in New South Wales, Australia and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that SolBox may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
    Force majeure
    To the maximum extent permitted by law, SolBox is not liable for:
  7. any delay in correcting any fault in the SolBox Software; or
  8. failure or incorrect operation of the SolBox Software; or any other delay or default in performance under this EULA
    if it is caused by an event beyond our reasonable control, including but not limited to war, theft, willful or accidental damage, sabotage, act of God, industrial action, embargo, delay or failure or default of a Mobile Carrier Service, failure of or inability to access the GPS network, or any failure of other suppliers of goods or services to us or you.
    Your Data
    13.1 Your use of the SolBox Software may generate Your Data which is stored by or on behalf of SolBox and accessible by you via the SolBox Software. You agree that SolBox may use and analyse your Your Data for the purpose of improving the SolBox Software and including Your Data in aggregated anonymous databases.
  9.  
  1. Within 7 days after the termination of the Agreement you may request a copy of Your Data and SolBox will provide you a single copy of Your Data. Thereafter, Your Data will no longer be accessible to you
    13.3 You:
    grant to SolBox a non-exclusive, royalty-free, perpetual, irrevocable, fully paid- up, perpetual, worldwide license, with the right to sub-license, to use, modify, reproduce, adapt, communicate, display, perform, anonymise and distribute Your Data and user statistical information such as usage, traffic patterns, or user activities for any purpose, provided that such Your Data will be:
  1. de-identified such that no person or entity (including but not limited to you) can be identified; and
  2. combined with the data of other users or additional data sources. SolBox may access Your Data to service or respond to technical issues with the SolBox Software.
  1. represent and warrant that Your Data does not infringe any third party intellectual property rights and that you own or otherwise control all of the rights to the content or that you have obtained all necessary authorisations and consents to upload, store, communicate, send and/or transmit Your Data, that Your Data is accurate, that the use of Your Data does not violate this EULA and will not cause any loss or injury to any person.
    Confidentiality
    14.1 “Confidential Information” shall mean the SolBox Software and all other information disclosed to you that SolBox characterises as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate:
  2. is previously rightfully known to you without restriction on disclosure;
  3. is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain;
  4. is disclosed to you by a third party as a matter of right and without restriction on disclosure; or
  5. is independently developed by you without access to the Confidential Information.
    14.2 You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and after termination of this EULA in perpetuity.
    14.3 You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of SolBox.`
    14.4 You shall not use any Confidential Information other than in the course of the activities permitted hereunder.
    14.5 You shall notify SolBox in writing immediately upon discovery of any unauthorised use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with SolBox in every reasonable way to regain possession of Confidential Information and prevent any further unauthorised use.
    14.6 If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will:
  6. immediately notify SolBox prior to such disclosure to allow SolBox an opportunity to contest the disclosure;
  7. assert the privileged and confidential nature of the Confidential Information; and
  8. cooperate fully with SolBox in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
    In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
    General
    15.1 The intellectual property rights in and to any customised software created for you by SolBox will belong to SolBox, although such work will be paid for by and Licensed to you.
  9.  
  1. Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
  2. Any notice to you may be provided by email to the address in the Order Form.
  3. The SolBox Software is deemed irrevocably accepted upon your use of the SolBox Software or Product.
  4. SolBox will have no responsibility to provide maintenance or support services with respect to the SolBox Software.
  5. The parties are independent contractors.
  6. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  7. All waivers by SolBox will be effective only if in writing.
  8. Any waiver or failure by SolBox to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  9. You acknowledge that the SolBox Software contains valuable trade secrets and proprietary information of SolBox, that any actual or threatened breach of clause 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to SolBox for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
  10. The headings of clause of this EULA are for convenience and are not to be used in interpreting this EULA.
  11. This EULA constitutes the final, complete, and exclusive agreement between the parties regarding the SolBox Software and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
  12. Except as otherwise provided in this section, no amendment to this EULA will be valid unless in a writing hand-signed by the parties.
  13. Any notice or demand to be given under this EULA by either party to the other will be in writing and will be deemed to have been properly served if left at or sent by express pre-paid post to or facsimile or telex to the current number for that party’s address as set out in the Order Form or last known to the party sending the notice or demand and of so posted will be deemed to have been received on the day following the date of posting and if sent by facsimile will be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.
  14. No servant or agent of SolBox has any authority to make, agree or to give any representation, condition or warranty in respect of the SolBox Software or to agree to any variation of or addition to this EULA, unless expressed in writing and signed by a duly authorised representative of SolBox.
  15. You hereby warrant to SolBox that you have not been induced to enter into this EULA by any prior representations or warranties, whether oral or in writing, except as specifically contained in this EULA and you hereby irrevocably and unconditionally waive any right you may have to claim damages for any misrepresentation not contained in this EULA or for breach of any warranty not contained herein (unless such misrepresentation or warranty was made fraudulently) and/or to rescind this EULA.
    15.17 Nothing in this EULA will constitute you acting as an agent of SolBox, and you will have no implied authority on behalf of SolBox to do any act, incur any liability or pledge or purport to pledge the credit of SolBox.

j. 

  1. Any present or future legislation which operates to lessen or vary in your favour any of its obligations in connection with this EULA is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
  2. SolBox may assign or encumber any obligation or right under this EULA (including assigning to an agent or a contractor its obligation to install the Software).
  3. If SolBox is unable to perform any of its obligations in respect of this EULA because of any act of God, civil disturbance, lightning, earthquake, fire, storm, flood, explosion or event which is not reasonably within the control of SolBox, that obligation will be suspended for so long as that event renders SolBox unable to perform that obligation.
    15.21 No forbearance, delay or indulgence by either party in enforcing the provisions of this EULA will prejudice or restrict the rights of that party nor will any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy will be cumulative.

k. 

  1. This EULA and the applicable Order Form make up the entire agreement between you and SolBox and supersede any prior agreement, understanding or arrangement between you and SolBox whether oral or in writing. No other term is to be included in this EULA except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
  2. No quotation given by SolBox constitutes an agreement to supply or provide the SolBox Software. SolBox can amend or withdraw quotation at any time and all quotations are subject to the terms in this EULA.
  3. To the extent permitted by law, all descriptive specifications, illustrations, sample, data and dimensions provided by SolBox or otherwise contained in advertising material are approximate only and are intended to be a general description of the SolBox Software and are not incorporated into this EULA or any other agreement with you unless otherwise agreed in writing.

l. 

  1. You and those parties you allow to use the SolBox Software have the sole responsibility to obtain any necessary consent from the users of those devices or assets or vehicles where the SolBox Software is installed and must not use the SolBox Software to illegally track or monitor any person without consent. To the extent permitted by law, any liability that may arise from the use or operation of SolBox Software in breach of the terms of the Privacy Act or any Commonwealth or State law, Act or regulation, or contrary to any instructions provided by SolBox as to use, remains the sole responsibility of you and you agrees to indemnify SolBox for any loss or damage it may suffer as a result of a breach of this clause.

If any provision of this EULA is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in this EULA in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this EULA in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of this EULA.

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