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User Terms


  • 1. About our terms

    These legal terms apply when we (eNoteFile Services Pty Ltd) allow you to install or use our software (‘eNoteFile’ or ‘the Software’). You agree to our terms by installing or using eNoteFile.

  • 2. Software licence
    • 2.1. We grant you a non-exclusive, royalty-free licence to:
      • install eNoteFile on compatible hardware
      • use it for records entry and management
      • copy it for your own purposes, including back up.
    • 2.2. You must not:
      • use it for any other purpose
      • modify it, except using its standard options
      • disable any feature of it, except using its standard options
      • block any advertisement or other message it is intended to display
      • reverse engineer, decompile or disassemble it
      • give it, or copies of it, to anyone else [1]
      • use it to provide bureau or outsourced services
      • install or use eNoteFile in breach of these terms, or if you do not agree to these terms
      • encourage or authorise anyone else to do something that would breach our terms if you did it.
  • 3. eNoteFile Sync
    • 3.1. eNoteFile includes the ‘eNoteFile Sync’ function. eNoteFile Sync allows you to use eNoteFile in conjunction with our hosted data storage service to:
      • upload and store your eNoteFile data at our data centre
      • access your eNoteFile data over the internet.
    • 3.2. You do not need to use eNoteFile Sync to use eNoteFile – eNoteFile data can be used on your local computer.
    • 3.3. You can use eNoteFile Sync to store eNoteFile data up to our standard data limit of 100MB for free. If you require storage above our standard data limit, additional charges may apply.
  • 4. Special terms – eNoteFile Sync
    • 4.1. eNoteFile Sync is suitable for business or commercial use only. You must not use it for personal, domestic or household use or consumption.
    • 4.2. If you use eNoteFile Sync, you must:
      • keep us informed of your current contact details at all times
      • comply with any rules or technical requirements we notify to you, from time to time, regarding eNoteFile Sync
      • use it to upload, store and access eNoteFile data only, as part of eNoteFile’s standard functionality
      • pay additional charges if you require more storage than our standard data limit.
    • 4.3. Additional charges will be calculated according to our published rates or as otherwise agreed.
    • 4.4. eNoteFile data stored at our data centre may be deleted if:
      • your licence to use eNoteFile is cancelled under clause 12, or
      • you do not use eNoteFile Sync for an extended period of time – but we will contact you by email before deleting your data.
  • 5. Updates

    If we release a new, updated or enhanced version of eNoteFile:

    • 5.1. we are not obliged to make it available
    • 5.2. but if we make it available or supply it to you:
      • we may require you to use it instead of a superseded version [2]
      • these terms apply to it unless we specify otherwise.
  • 6. Your equipment
    • 6.1. To use eNoteFile, you require compatible computer equipment and internet access.
    • 6.2. You must provide and maintain them at your own cost.
  • 7. Ownership and copyright
    • We own all copyright and other intellectual property rights in eNoteFile, the data tables it uses, and all future versions of it.
    • You own any data you upload using eNoteFile Sync
    • You must not upload data that is illegal or infringes another person’s rights.
  • 8. Third party components

    eNoteFile uses software components owned and licensed by third parties. Your use of these components is subject to their respective licence terms as below: Siberix Report Writer http://enotefile.com/licensing/siberix.pdf FarsiLibrary DatePicker Control http://enotefile.com/licensing/FarsiLibrary.pdf Atalasoft DotTwain Scanner Component http://enotefile.com/licensing/AtalasoftDotTwain.pdf Microsoft Office UI http://enotefile.com/licensing/OFFICE_UI.pdf 9. Compliance with laws You must comply with all laws that apply to you, your business and your use of eNoteFile and eNoteFile Sync. 10. Non-excludable liability 10.1 We accept liability for breach of any condition or warranty that cannot be excluded under Australian law. 10.2 As far as Australian law allows, our liability under clause 10.1 is limited to:

  • 9. Compliance with laws

    You must comply with all laws that apply to you, your business and your use of eNoteFile.

  • 10. Non-excludable liability
    • 10.1. We accept liability for breach of any condition or warranty that cannot be excluded under Australian law.
    • 10.2. As far as Australian law allows, our liability under clause 10.1 is limited to:
      • if the breach relates to goods – their replacement or resupply of the same or equivalent goods, or their repair, or payment to you of the cost of replacing the goods with the same or equivalent ones, and
      • if the breach relates to services – resupplying them, or payment of the cost of having them supplied again.
  • 11. Other liability

    Subject only to clause 10:

    • We exclude all warranties, terms, conditions, liability, rights and obligations which would be implied in your favour in by law, custom or otherwise.
    • We do not promise that eNoteFile (including eNoteFile Sync) will operate continuously or be free of errors.
    • We are not liable to you for, and you release us from and indemnify us against, any harm, loss, damage, claim, demand, action (including, without limitation, for loss of profits or anticipated savings, economic loss, loss of data or any indirect or consequential damages) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of eNoteFile, including but not limited to by virtue of breach of contract or negligence by us or anyone for whose acts and omissions we are vicariously responsible.
    • If for any reason these terms or any legal action under or concerning them or eNoteFile is held to be subject to the law of a place other than Australia, our liability to you is limited to the fullest extent possible under the law of that place.
  • 12. Cancellation
    • 12.1. You have no right to use eNoteFile except as permitted by these terms.  In relation to any other use, your licence is deemed to be cancelled if and as soon as you make any other use of it.
    • 12.2. We may suspend or cancel your licence for eNoteFile, without liability to you, if:
      • your equipment is not compatible with them
      • your use of them is or becomes unlawful
      • you fail to pay any money you owe us
      • you breach these terms an emergency requires it.
  • 13. Transfer
    • You may not transfer this agreement to anyone else.
  • 14. Applicable laws and disputes
    • Our terms are subject to the law of Australia.
    • Any legal action relating to them, eNoteFile (including eNoteFile Sync) may only be taken in the courts of Victoria, Australian and their appeal courts.

[1] Other people should obtain eNoteFile directly from us.

[2] Superseded versions may stop working

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