Please read this MyEDiary license agreement carefully before signing in to MyEDiary. By accessing, integrating with or otherwise using MyEDiary you agree to be bound by the terms of this MyEDiary agreement. If you do not agree to the terms of this agreement, do not access or use the MyEDiary software.
Licensee = School and its Students.
Licensor = Distinction Diaries Pty Ltd (DD), ABN: 64 149 866 339 ACN: 149 866 339.
MyEDiary = Electronic Version of MyDiary.
Supplier= Get Positive Productions (GPP) ABN: 22 930 907 576 ACN: 107 195 933.
1.1 MyEDiary is a trial version for selective Licensee use only. "Trial Version" means a version of the MyEDiary to be used only to review, demonstrate and evaluate the MyEDiary for a limited time period only, as arranged with Licensor. The Trial Version may have limited features.
1.2 The functional peculiarities present in the Trial Version may not be a reason for refund request of a purchased license. If a Trial Version is a time-limited fully-functional version, allowing you to see and test all the features, your refund request will be declined if based on the absence of some certain feature or if some feature doesn't work as you expected it to work. All other refund cases are regulated by DD.
1.3 Even though a license fee may not have been paid for the use of Trial Version MyEDiary, it does not mean that there are no conditions for using MyEDiary.
2.1 The Licensee may not rent, lease, or lend the MyEDiary to anyone.
2.2 MyEDiary may be accessed and used by the Licensee by the ordered number of users as per the MyEDiary Order form submitted by the school or otherwise written agreement.
2.3 The Licensee's distribution of Trial Version of the MyEDiary will not entitle him/her to any compensation from DD.
2.4 Without prejudice to any other rights, DD may terminate this agreement if the Licensee fails to comply with the terms and conditions. In such event, the Licensee must destroy all copies of MyEDiary.
3.1 MyEDiary is being delivered to the Licensee "AS IS". DD and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using MyEDiary. The entire risk arising out of use or performance of MyEDiary remains with the Licensee.
3.2 DD gives no warranty, express or implied, that (i) MyEDiary will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to DD; or (ii) that MyEDiary will operate error free or without interruption or that any errors will be corrected.
4.1 In no event will DD or its suppliers be liable for any lost revenue, profit, data or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use MyEDiary even if DD or its suppliers have been advised of the possibility of such damages. In no event shall DD's or its suppliers' liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Licensee. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
5.1 If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
6.1 MyEDiary is the intellectual property of DD. This License does not transmit any intellectual rights on MyEDiary. MyEDiary and any copies that the Licensee is authorised by DD to make are the intellectual property of and are owned by DD and its suppliers.
6.2 MyEDiary is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
6.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in MyEDiary.
6.4 The structure, organisation and code of MyEDiary are the valuable trade secrets and confidential information of DD and its suppliers. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of MyEDiary.
6.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without DD's specific approval are strictly prohibited. The Licensee is not authorised to use any plug-in or enhancement that permits it to save modifications to a file with MyEDiary unless licensed and distributed by DD.
6.6 Any information supplied by DD or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any MyEDiary which is substantially similar to the expression of MyEDiary.
6.7 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks can only be used to identify printed output produced by MyEDiary and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
6.8 Licensee has granted DD the right to use the personalised school content of MyEDiary for any future promotional purposes. This includes all images, videos, logos and text supplied by the Licensee.
7.1 MyEDiary is personalised with school information supplied by the Licensee. It is understood that the Licensee has sought all required copyright permission to reproduce all supplied photographs, images, video and auditory footage of students, teachers and/or student artwork together with any music also contained within the school personalised pages. In addition to this it is also understood that data entered into MyEDiary by the Licensee or an integrated vendor to populate Class Lists, Class Enrolments, Events, Teacher, Student and Guardian accounts, is done with the permission of the Licensee and all users. DD, its directors and suppliers are hereby indemnified against any loss, damage or claim arising from the school’s failure to obtain such consent.
Your use of MyEDiary beyond this point constitutes your agreement to the License Agreement outlined above.