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Office location:
Coomera QLD 4209
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Tel 07 5573 5799
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Purchase PixSmart Professional^®

Please complete this form to purchase your licensed version of PixSmart. We offer a 30 day full money back satisfaction guarantee of your license fee should you wish to cancel your license within 30 days of paying for it.

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(this will be the pixsmart domain name where your customers can view their photos: ie: mcphoto.pixsmart.com.au )
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Select your plan:	Opal - $40 per month Pearl - $50 per month Diamond - $75 per month
A once only setup fee of $99 is required.
	*All prices are in AU$ and exclude GST
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License Agreement:	PixSmart Professional® Version 8 License THIS SOFTWARE IS LICENSED, NOT SOLD. YOU MAY USE THIS SOFTWARE ONLY AS DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE OR USE ANY REGISTRATION NUMBERS, USER NAMES OR PASSWORDS THAT WERE PROVIDED WITH THE SOFTWARE. YOU SHOULD CONTACT SPI NEW MEDIA OR OTHER RELEVANT ENTITY WHERE YOU PURCHASED THE LICENSE FOR A REFUND IF APPLICABLE. 1. SOFTWARE. In this context the term "Software" refers to the object code for the computer program known as PixSmart Professional® 8, the Express Photo Uploader application (EPU) any updates, supplemental code or programs provided to you by SPI New Media with or in connection with PixSmart Professional® 8, the user's manual and Help file, any components, any related printed materials and media and any related online or electronic documentation. 2. GRANT OF LICENSE. Evaluation License. If you acquired the license for the Software on an evaluation or trial basis, you are entitled to a thirty (30) day full money back satisfaction guarantee of the license fee you paid. This excludes any refund of any other fees you may have paid in conjunction with acquiring the licensed Software including any hosting fees, domain registration fees, set up fees, website service fees, financial institution fees, credit card provider fees and any other fees. No refund of license fee will be available after the expiration of thirty (30) days from the date you purchased the licensed Software. You must pay the license fee and register your copy to use the Software during any evaluation or trial period. To pay the license fee and register your copy, you should visit www.pixsmart.com.au. You must not distribute a copy of the Software obtained by you to anyone or any third party without written permission from SPI New Media. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software. To have your license fee refunded to you in the event that you are not satisfied with the Software, within thirty (30) days of the date on which you purchased the license, you must notify SPI New Media in writing that you wish to cancel your license. Notification by you of license cancellation received by SPI New Media after expiration of thirty (30) days from the date you purchased the license WILL NOT be eligible for any license fee refund. 3. REGISTERED LICENSE. When you purchase or acquire a license, you will be provided with a registration user name, password and/or number. You must enable the registered license for the Software by entering the registration user name, password and/or number as prompted by the Software. The maximum term of any evaluation period or trial period is thirty (30) days. When you purchase the license, the term of the license is thirty six (36) calendar months. You may install and use one copy of the registered Software on the number of computers for which you have purchased a separate license as indicated on the invoice or sales receipt. If the Software is installed on a network server or other storage device, you must purchase a license for each separate computer on which the Software is used or accessed. A license for the Software may not be shared by alternating use of the Software between different computers. If you acquired the Software as an upgrade from a previous version of the Software, you may no longer use the previous version. The primary user of a computer for which a license has been purchased may access the Software via a remote technology, and may make and use one copy of the Software on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. You may permanently transfer all of your rights under this license if the recipient agrees to the terms of this license, you destroy any copy of the Software not transferred to the recipient, and, if the Software was licensed to you as an upgrade from a previous version, you destroy any copy of any previous version that is not transferred to the recipient. If you purchased the Software on a multi-user basis, you may permanently transfer your rights to one person only, but that person may use the Software on that number of computers for which you purchased a license. 4. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble, merge, adapt, or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose. 5. SUPPORT SERVICES. SPI New Media and its authorized agents may provide you with support services related to the Software. Use of support services is governed by the user's manual, online documentation, and other SPI New Media materials, as they may be modified from time to time. SPI New Media may use any information you provide as part of obtaining support services for its business purposes, including product support and development. 6. PRIVACY & COLLECTING INFORMATION. The Software includes a feature that assigns a unique number to your computer based on system information. The Software reports this number to SPI New Media either when you install the Software or enter your registration user name, password and/or number. The Software may also identify and report to SPI New Media your Windows language identifier setting, IP address, and the date and time of installation and/or registration. SPI New Media use this information to count the number of installations, detect piracy of the Software, and develop statistical data regarding the geographic location of our users. If you register our Software, we connect this information to the personally identifiable information that we have about you. SPI New Media have a Privacy Policy. You can view our privacy policy on our websites at www.spinewmedia.com.au or www.pixsmart.com.au. 7. TERMINATION. This license terminates if you (i) cancel the license during or after any evaluation period; (ii) fail to renew your license on the expiration of the thirty six (36) month license term; (iii) fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit SPI New Media's other rights it may have by law. 8. INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that SPI New Media retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software. The software is protected by the laws of Australia including without limitation the Copyright Act 1968, the Trademarks Act 1995 and the Trade Practices Act 1974, all of the Commonwealth of Australia as well as international treaty provisions. 9. EXPORT RESTRICTIONS. You may not export or re-export the Software in violation of the export laws of Australia, or the applicable laws of any other jurisdiction. 10. NO WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR RECEIPT OF A COPY OF THE SOFTWARE. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX. THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTING WITH YOU. 11. LIMITATION OF LIABILITY. SPI NEW MEDIA ARE NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF SPI NEW MEDIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS APPLICABLE LAW PROVIDES OTHERWISE, SPI NEW MEDIA'S LIABILITY FOR ANY CLAIM RELATED TO YOUR PURCHASE OF A LICENSE FOR OR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF AU$10.00 OR THE LICENSE FEE PAID BY YOU. 12. USE OF SOFTWARE. The Software is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of Government to use, disclose and reproduce the Software are governed by the terms of this License. The publisher of the software is SPI New Media, Unit 24, 75 Waterway Drive, Coomera. Queensland 4209 Australia. 13. SECURITY. You agree that SPI New Media are not liable to you for security breaches resulting from your use of the Software. The security of the Software depends primarily on you selecting a secure password and keeping it confidential. Do not select a password that may be easily discovered by others. Or that can be easily related to you or your business. As an example, you should not use a single word or sequential series of numbers. To protect your security, as a minimum, we recommend you choose a random combination of at least 6 mixed alpha and numeric characters. 14. AUDIT. You agree that on SPI New Media's request you will certify in writing your compliance with the terms of this license, including your use of the Software only on the number of computers/servers licensed. 15. MISCELLANEOUS. This license is governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in the State of Queensland for all purposes. Sole and exclusive venue for any dispute arising under or relating to this license agreement shall be in a court sitting in Brisbane City, Queensland. This license constitutes the complete and exclusive agreement between you and SPI New Media, notwithstanding any provision in any purchase order or other written document which refers or relates to the definition of any evaluation period or other documentation accompanying the license including any statement of the number of separate user license fees for which you have paid relating to bundled license agreements as described in Section 2, above. This license may only be modified by a written document signed by SPI New Media. No agent, distributor or dealer of SPI New Media is authorized to change the terms of this license. If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable. Should you have any questions concerning this license, or if you wish to contact SPI New Media for any reason relating to this license, please contact us by telephone at +61 7 55735799 during normal business hours between 9.00am and 5.00pm EST Mon to Fri; or by email to info@spinewmedia.com.au.
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