Terms & Conditions

1. This website and all information, products and services on this website are owned and operated by Kustom Engineering Pty Ltd T/A Watercom (A.B.N.  24 166 209 454) (Watercom).  It is available at: watercom.com.au (Site) and may be available through other addresses or channels.
2. The material on the Site is copyright 2022 belonging to Watercom or other copyright owners.
3. The Site is available for you to:
   1. Access conditional on your acceptance without alteration of the terms and conditions set out below and on this Site.
   2. Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below and on this Site.
4. Terminology: In these Terms, the expressions “we”, “us” and “our” are a reference to Watercom as the Site owner.
5. General:
   1. Except for the limited use set out in clause 5(b), you may not use the Site, or the material contained on it, for any purpose. This involves:
      1. the reproduction of the materials in any material or digital form;
      2. the distribution of the material in any material or digital form;
      3. re-transmission of the material by any medium of communication;
      4. uploading or reposting the material to any other website on the internet; and
      5. “framing” the material on the Site with other material on any other website.
   2. Despite the above restrictions on use of the material on the Site, you may download material from the Site for personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
   3. You may not modify or copy:
      1. the layout of the Site; and
      2. any computer software and code contained in the Site.
6. Consent: By accessing and/or using our Site, you agree to be bound by these Terms of Access and Use and by our Privacy Policy (available on our Site) (Terms).  Please read these Terms carefully and immediately cease using our Site if you do not agree to them.  If you do not accept these Terms, you must refrain from using the Site.
7. Amendments to Terms: We may, at any time, without notice to you and at our discretion, vary these Terms by publishing the varied terms on our Site.  Changes to the Terms will be effective immediately upon notification on this Site.  We recommend that you check our Site regularly to ensure you are aware of our current Terms.  Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms as amended.  Materials and information on this Site (Content) are subject to change without notice.  We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
8. Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms (as amended from time to time).  All other uses are prohibited without our prior written consent.
9. Use of personal information gathered: We and any people or legal entities authorised by us, may gather and process the personal information:
   1. Which you may provide when accessing the Site, such as your name, address, email and other personal information about you; and
   2. Regarding the way in which you use the Site including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Site.
10. We may authorise others to offer you goods and services using the information acquired, as described in clause 9 of these Terms.
11. We will comply with the Australian Privacy legislation in respect of our collection, storage and use of your personal information. Please refer to our full privacy policy contained on the Site at the following link:  https://www.watercom.com.au/privacy/ for information on how we collect, store and use your personal information.
12. Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
    1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
    2. using our Site to defame, harass, threaten, menace or offend any person;
    3. interfering with any user using our Site;
    4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
    5. using our Site to send unsolicited email messages; or
    6. facilitating or assisting a third party to do any of the above acts.
13. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
14. Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
15. Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights in any copyright, trade marks, patents, designs, logos, icons, brand names or otherwise) in our Site and all of the Content.
16. We reserve all intellectual property rights, including but not limited to, copyright in the Site or the Content, material or services provided by it.
17. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. The following are unlawful in any jurisdiction and are specifically prohibited in these Terms. You must not:
    1. copy, store in any storage media or use, in whole or in part, any Content;
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party by any medium of communication or distribution whatsoever;
    3. upload, repost or “framing” with any other material the Content on any other website or application of any kind whatsoever;
    4. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content; and
    5. modify or copy the layout of the Site, or any computer software or code contained within the Site.
18. User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
19. You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:
    1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
    2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
20. Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.
21. Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
22. Warranties and disclaimers: Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms or protected by law to the extent that such exclusion, restriction or modification would render these Terms or any provision of these Terms void, illegal or unenforceable.
23. We do not warrant, guarantee or make any representation that:
    1. neither the Site, or the server that makes the Site available on the internet are free of software viruses;
    2. the functions contained in any software contained on the Site will operate uninterrupted or are error free; and
    3. any errors and defects in the Site will be corrected.
24. You acknowledge that:
    1. prior to entering into these Terms, you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these Terms and that prior to entering these Terms, you have availed yourself of that opportunity; and
    2. at no time prior to entering into these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
25. To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content or any linked third party websites, including (without limitation) that:
    1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
    2. access will be uninterrupted, error-free or that the Site or its server are free from viruses (Malware or otherwise) or any other harmful mechanisms; or
    3. our Site will be secure.
26. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss (including but not limited to loss of profit or opportunity), damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or your acting or failing to act on any information contained on the Site and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
27. We are not liable to you for:
    1. errors or omissions in the Site, or linked third party sites on the internet;
    2. delays to, interruptions of or cessation of the services provided in the Site or any third party linked sites;
    3. defamatory, offensive or illegal conduct of any user of the Site; and
    4. content on any third party websites, whether or not linked with the Site in any way.
28. The aggregate Liability of Watercom for all claims arising from use of the Site either jointly or severally is limited to a maximum of (AUD) $100.00.
    1. Subject to the above:
       1. we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked site, nor do we accept responsibility for any such loss arising out of your use or reliance on information contained on or accessed through this Site;
       2. any condition, warranty, right or liability which would otherwise be implied in these Terms or protected by law is excluded; and
       3. except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Site or respect of any failure or omission on our part to comply with our obligations as set out in these Terms.
    2. Pursuant to s.64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth) (ACL)):
       1. this subclause applies in respect of any goods or services under these Terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if you establish that reliance on it would not be fair and reasonable;
       2. liability for breach of a guarantee conferred by the ACL, other than those conferred by ss.51-53 of the ACL, is limited:
          1. in the case of Goods, to any one of the following as determined by us:
             1. the replacement of the Goods or supply of equivalent goods; or
             2. the repair of the Goods; or
             3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
             4. the payment of the cost of having the Goods repaired;
          2. in the case of services, to any one of the following as determined by us:
             1. the supplying of the services again; or
             2. the payment of the cost of having the services supplied again.
29. Indemnity: To the full extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
30. Termination: Access to this Site may be terminated at any time by us without notice.  Our disclaimer nevertheless survives any such termination.  These Terms are effective until terminated in writing by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive such a termination.  We have no liability for any costs, losses or damages of any kind arising because of terminating access to the Site for any reason.
31. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming that a Dispute exists must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
32. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
33. Jurisdiction: Your use of our Site and these Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the State of New South Wales and the Commonwealth of Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
34. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you have accessed our Site.

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Kustom Engineering Pty Ltd T/A Watercom (“Watercom”) provides training services in the form of In-Person and Live Online Workshops both publicly and privately and reserves the right to reschedule Workshops or vary the Curriculum as deemed necessary.

Watercom will use reasonable endeavours to ensure that the Workshop shall take place on the relevant date(s) and time(s) as agreed, but where this is not possible, Watercom reserves the right to alter the date(s) and/or time(s), provided that the customer is given notice of these change(s) as soon as is reasonably possible.  Any such change(s) shall not constitute a breach of contract and shall not give the customer the right to terminate.

By booking and/or attending this Workshop, You agree to the Terms and Conditions set out here.

All prices are exclusive of GST.

1. Registration Transfers and Refund Policies

We understand that sometimes circumstances change, and you may not be able to attend a Workshop that you have paid for. Watercom will transfer or refund Workshop fees that have been paid in full, per invoice, in accordance with the following criteria.

1. Transferring Registration to Another Person
   Registration can be transferred to the name of another person from the same company to attend the same In-Person or Live Online workshop without any notice.
2. Transferring Registration to Another In-Person or Live Online Workshop
   
   1. Registration can be transferred as credit towards a future workshop, if more than 30-days’ notice is given of the person’s inability to attend the workshop.
   2. Registration can be transferred in full as credit towards a future workshop, less $100 per transferred attendee, if more than 14-days’ (but less than 30-days’) notice is given of the person’s inability to attend the workshop.
   3. Registrations will NOT be transferred to another workshop if less than 14-days’ notice is given of the person’s inability to attend the workshop.
3. Registration Refunds and Cancellations for In-Person Workshop
   1. Registrations will be refunded in full if more than 30 days’ notice of cancellation is given of the person’s inability to attend the In-Person Workshop, less any percentage of the Online Learning content that a participant has completed multiplied by $450.
   2. Registrations will be refunded, less a management fee of $100 per refunded participant, and less any percentage of the E-Learning content that a participant has completed multiplied by $450, if more than 14-days (but less than 30-days) notice is given of the person’s inability to attend the In-Person Workshop.
   3. Registrations will be refunded, less the fees listed below for each type of Workshop to recoup direct costs, if less than 14-days’ notice is given of the person’s inability to attend the In-Person Workshop:
      – 1-Day Workshop: $325
      – 2-Day Workshop: $515
      – 3-Day Workshop: $735
      – Less any percentage of the Online Learning content that a participant has completed multiplied by $450
   4. If a Workshop is cancelled, all paid workshop fees will be promptly refunded in full. Watercom will not be responsible for any non-refundable travel or accommodation costs. Alternatively, Watercom may provide options, if available, for participants to transfer their registrations to another Workshop in a nearby state, possibly with a discount to cover travel costs.
4. Registration Refunds and Cancellations for Live Online Workshop
   1. Registrations will be refunded in full if more than 14 days’ notice of cancellation is given of the person’s inability to attend the Live Online Workshop, less any percentage of the Online Learning content that a participant has completed multiplied by $450.
   2. Registrations will be refunded, less a management fee of $100 per refunded participant, and less any percentage of the Online Learning content that a participant has completed multiplied by $450, if more than 7-days (but less than 14-days) notice is given of the person’s inability to attend the Live Online Workshop.
   3. Registrations will be refunded, less the fees listed below for each type of Live Online Workshop, if less than 14-days’ notice is given of the person’s inability to attend the Live Online Workshop:
      – Module 1 Only: $420
      – Module 2 Only: $300
      – Modules 1 & 2: $570
      – Less any percentage of the Online Learning content that a participant has completed multiplied by $450
   4. If a Workshop is cancelled, all paid workshop fees will be promptly refunded in full. Watercom will not be responsible for any non-refundable travel or accommodation costs. Alternatively, Watercom may provide options, if available, for participants to transfer their registrations to another Live Online or In-Person Workshop.

2. Requesting a Transfer or Refund

To request the transfer or refund of your workshop registration please email training@watercom.com.au with clear instructions of your request. The timestamp of your email will count as notification for the transfer or refund request.

3. Other Terms

1. 1. Discounts such as multi-day or early bird do not carry over between workshops.
   2. Watercom is not responsible for any transaction fees incurred from your bank or credit payment facility.

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Watercom Software End User Licence Agreement
Effective from 01 March 2024

This agreement supersedes all previous versions of Watercom Software Licence Agreements.

This End User Licence Agreement (“EULA”) is a legal agreement between you (“Licensee”) and Kustom Engineering Pty Ltd trading as Watercom (“Company”), the author of all Watercom Software (“Software”), which may include associated media, printed materials, and online or electronic documentation.

If you are agreeing to this EULA not as an individual but on behalf of a company, government body, organisation or other legal entity (“Entity”) then Licensee means the Entity, and you are binding the Entity to this EULA and you agree that you have the authority to do so.

By installing, copying, uploading, or otherwise using the Software, the Licensee agrees to be bound by the terms and conditions set forth in this EULA. If the Licensee does not agree to the terms and conditions set forth in this EULA, then the Licensee may not download, install, upload, copy, or use the Software.

The Company reserves the right to modify the terms of this EULA from time to time and any such modifications will take effect once notified to the Licensee. Notification may include or consist of publishing the modified Agreement on the Company’s website at: www.watercom.com.au and/or notifying the Licensee by e-mail to the latest email address provided by the Licensee to the Company. Other than this, no amendment or modification to this Agreement is valid unless it is in writing and signed by Company or its authorised representative.

1. Definitions

1. “Licensor” refers to the Company, Kustom Engineering Pty Ltd trading as Watercom at 20A Farrell Road, Bulli, New South Wales 2516, Australia. Postal address: PO Box 154, Woonona NSW 2516. Electronic Mail: info@watercom.com.au.
2. “Dongle” means a USB device that may be required to enable the Licence Parameters to function with the Software.
3. “Region” means the nominated location where a Licensed version of the Software can be accessed. Licence Regions include Oceania, Asia, North America, South America, Europe or Africa.
4. “Licensee” means you, the individual or Entity that downloads, copies, uploads, installs or uses the Software.
5. “Software” means the Watercom Software, the deliverables provided pursuant to this EULA.

2. Software Licence

1. Subject to the terms of this EULA, the Licensor hereby grants to the Licensee a non-exclusive licence to possess and to use a copy of the Software.
2. The Software is being distributed by USB Memory Drive, Electronic Mail or from a site on the Internet specified by the Licensor.
3. The Licensee is not allowed to distribute the Software or any part thereof, including the provision of terminal services, training services or sub-leasing services without the authorisation in writing by the Licensor.

3. Installation and Use

1. Licence Installation. The Licensee may install copies of the Software on a shared computer or concurrently on different computers (depending on the type of the licence), solely for the Licensee’s use within the Licensee’s business. The Licence types include:
   1. Standalone USB Licence allows Software to operate and is controlled by a USB dongle and soft lock licensing files that is licensed for a person physically using the computer that the USB dongle is attached to. The USB dongle can be physically moved among activated computers to access the licence. Any new computer can be activated with Active Maintenance. Use of any Remote Desktop Client or similar software, Virtual Private Network (VPN) or USB over Information Processing (IP) solutions to share the use of the Software to another device is prohibited.
   2. Network USB Licence allows Software to be controlled by a central USB dongle and operate on activated computers with soft lock licensing files that is licensed for a person physically using the computer. The Software can be installed and activated on computers with Active Maintenance. Use of any Remote Desktop Client or similar software to share the use of the Software to another device is prohibited.
      1. Local Network USB Licences are only for use in a single nominated Region, up to the authorised number of concurrent users. If a Region has not been nominated by the Licensor or the Licensee, then it will be nominated as the Region for which the Licensee’s registered company address is situated within.
      2. Global Network USB Licence can be used in any Region globally without restriction, up to the authorised number of concurrent users.
   3. Standalone Subscription Licence allows Software to operate on a single specified computer only and is controlled by a cloud-based software lock that is licensed for the Licensee physically using the primary work-computer that the software lock has been activated on. The Licensee of Standalone Subscription Licence may also activate an additional non-concurrent Licence (if purchased) in Licensee’s work from home computer only for use by the same user as the primary work-computer. Use of any Remote Desktop Client or similar software, or VPN solutions to share the use of the Software to another device is prohibited. Annual Subscriptions of Software can be transferred to a new computer up to twice per subscription service period for free. Additional Licence transfers will incur an additional charge. 30-day Subscriptions are not transferrable under any condition.
   4. Network Subscription Licence can be used in any Region globally without restriction, up to the authorised number of concurrent users on any of the authorised devices. Use of any Remote Desktop Client or similar software, or VPN solutions to share the use of the Software to another unauthorised device is prohibited.
   5. Offline Standalone Subscription Licence allows Software to operate on a single specified offline computer only and is controlled by a 2-step generated offline software lock that is licensed for the Licensee physically using the computer that the software lock has been activated on. Use of any Remote Desktop Client or similar software, or VPN solutions to share the use of the Software to another device is prohibited. Offline Standalone Subscription Licenses of Software cannot be transferred to a new computer.
   6. Standalone Softlock Licence allows Software to operate on a single specified computer only and is controlled by a cloud-based software lock that is licensed for the Licensee physically using the computer that the software lock has been activated on. Use of any Remote Desktop Client or VPN solutions to share the use of the Software to another device is prohibited. Standalone Softlock Licence with Active Maintenance of Software can be transferred to a new computer up to twice per subscription service period for free. Additional Licence transfers will incur an additional charge.
   7. Online Training Licence allows Software to operate on a single specified computer only and is controlled by a cloud-based software lock that is licensed for the Licensee physically using the primary computer that the software lock has been activated on. Online Training Licence is strictly limited to training purposes only. No commercial use is allowed. Use of any Remote Desktop Client or similar software, or VPN solutions to share the use of the Software to another device is prohibited. Online Training Licences are not transferrable under any condition.
   8. Demo Licence allows the Licensee to test the functionality of the Software. The Demo version of the Software is strictly limited to 30 days for non-commercial evaluation purposes only. Any model created or saved with a Demo version of Software cannot be opened in a Commercial version of the Software. The functionality available in any Demo version of the Software is at the sole discretion of the Licensor. The Licensee may not use a Demo version or any part or output of the Demo version to provide outsourcing, terminal services, or training services. Demo Licences are not transferrable under any condition.
   9. Viewer Licence allows the Licensee to open Software model files, inspect data and results (if they have been previously saved), draw hydrographs, long sections etc. This allows the Licensee to thoroughly review work carried out by others. The Viewer Licence does not allow the Licensee to run designs, or simulations, or save any changes to Software model files.
2. Licensor Monitoring. Licensee consents to the Licensor monitoring and keeping records of Licensee’s download and use of the Software, through its Licence Management System and model files generated by the Software.
3. Software Version. Only the current version of the Software is available for download from the Licensor’s Website. Superseded versions of the Software will not be supplied to the Licensee except and only to the extent that is expressly requested by applicable law notwithstanding the limitation and with the authorisation of the Licensor.

4. Rights and Limitations

1. Limitations. The Licensee must not reverse engineer, decompile, or disassemble the Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation and with the authorisation of the Licensor.
2. Software Updates. The Licensor shall provide updates and maintenance of the Software on an as-needed basis to the Licensee with Active Maintenance or a Subscription Licence. Licencees which do not have Active Maintenance will not be eligible for Software Updates.
3. Separation of Components. Software is licensed as a single product. Its components may not be separated.

5. Intellectual Property.

1. All rights, title, interest, and copyrights in and to the Software and any part thereof, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by the Licensor.
2. The Software is protected by all applicable copyright laws and international treaties.
3. The Licensee is required to treat the Software like any other copyrighted material, except as otherwise provided for in this EULA.

6. Software Support. The Licensor will provide Software Support during normal business hours of the Licensor (Australian Eastern Standard Time) either by Support Portal or Electronic Mail or Telephone to Licensees with Active Maintenance or a Subscription Licence. Software Support to Licensees without Active Maintenance or a Subscription Licence shall be at the discretion of the Licensor.

The Licensor’s Software Support services do not include the rectification of any bugs or defects of the Software. The support services also do not include the rectification of defects or problems caused or contributed to by:

1. default or negligence of the Licensee;
2. improper or unauthorised use of the Software;
3. any modifications or alterations of the Software other than as approved by the Licensor;
4. any failure by the Licensee to download and install Upgrades supplied by the Licensor;
5. any failure by the Licensee to comply with the documentation and guidelines; and
6. any fault, defect, omission or error in any data, software or equipment not supplied by the Licensor.

Software support does not include modelling assistance, training or consultancy services. The Licensee agrees on request of the Licensor, to promptly provide any information available to assist the Licensor in identifying a technical error (such as any error diagnostic messages).

7. Beta Versions of Software
Any Beta version of the Software is subject to the following special terms:

1. the Licensor may, at its absolute discretion, terminate the Licensee’s licence to use at any time;
2. no Software Support services are available to the Licensee in connection with a Beta version of the Software;
3. the functionality available in any Beta version of the Software is at the sole discretion of the Licensor;
4. the Beta version of the Software may only be used by the Licensee for non-commercial evaluation purposes;
5. the Licensee may not use a Beta version or any part or output of the Beta version to provide outsourcing, terminal services, or training services;
6. the Licensee must not make any publication or public comment in relation to a Beta version without the prior written approval of the Licensor; and
7. the Licensee accepts the risk that the Beta Software’s performance may contain ‘bugs’ and may cause data loss.

8. Terms of Agreement

1. This EULA is to be read in conjunction with the Watercom Terms & Conditions (watercom.com.au/terms) and Privacy Policy (watercom.com.au/privacy).
2. This EULA is effective until it is Terminated by the Licensor due to non-compliance with any of the terms and conditions set forth in this EULA.
3. The Licensor may terminate this EULA immediately upon written notice, including electronic mail, to the Licensee, with or without cause.

9. Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.

9. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to International Law, without regard to conflicts of the law’s provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in the courts located in Sydney, New South Wales, Australia, and each party consents to the jurisdiction thereof. The Licensor in any action to enforce this EULA shall be entitled to recover all costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of Australia, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

10. Non-Transferable. The Software and this EULA are not assignable or transferable by the Licensee without the prior written consent of the Licensor; any attempt to do so shall be void. Any notice, report, approval, or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered, or certified mail, postage prepaid or electronically to the respective addresses of the parties as set forth herein (or such other address as a party may designate by twenty (20) business days’ notice).

11. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power, or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

12. Warranty Disclaimer. The Licensor, and author of the Software, hereby expressly disclaims any warranty for the Software. The Software and any related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, error-free operation of the Software, or non-infringement. The Licensee accepts all risk arising out of use or performance of the Software.

13. Limited Liability. The Licensor shall not be liable to the Licensee, or any other person or entity claiming through the Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct, or indirect damage, whether arising in contract, tort, warranty, or otherwise, even if the Licensor has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall the Licensor’s aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the Subscription Fee of the current period or Perpetual Licence Fee (excluding any Maintenance) actually paid by the Licensee to the Licensor for the Software.

14. Entire Agreement. This Agreement constitutes the entire agreement between the Licensor and the Licensee and supersedes all prior understandings of the Licensor and the Licensee, including any prior representation, statement, condition, or warranty.

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Watercom makes no representation about your model’s suitability for your specific project. Any materials and/or demonstrations supplied will be without any express or implied warranties whatsoever. No warranty of fitness for a particular purpose is offered. Any use of the Watercom DRAINS software will be in accordance with the EULA.

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