Terms and Conditions for the ASSORT^® Website Calculators for ISRS Members.

Please read these terms and conditions before clicking "Accept Terms" at the bottom of this window and using the calculator. By closing this window, you accept the terms and conditions below.

ASSORT PTY LTD AGREEMENT (INCLUDING SOFTWARE LICENSE)

These terms are a legal agreement between you (as licensee) and Assort Pty Ltd (ABN 40 006 888 697) ("Assort").

By ordering, reproducing, installing or using all or any part of any software product (including any calculator) made available by Assort (whether as initially supplied, or supplied as part of any updates/upgrades) ("Software") or by requesting any other supply from Assort (or permitting any of these acts), or by otherwise signifying your acceptance of these terms, you accept and agree to all of these terms (including in respect of that Software, any Software related material, any Software support and any other service which Assort may make available, directly or indirectly).

1. GRANT OF LICENSE - Upon the licence commencement, Assort grants you, subject to these terms, a personal, non-transferable license over one copy of an executable version of the Software (which may be made available on physical media provided by Assort or via online access only, as determined by Assort) ("license").  The license commencement is the later of payment of any applicable license fee, your registration under any registration procedure used or required and your acceptance of these terms in the manner published by or on behalf of Assort.  You agree that these terms are subject to any Assort registration processes relating to your license which are not inconsistent with these terms and that the license is limited by all of the following, namely these terms permitting only (subject to the permissions under INTELLECTUAL PROPERTY below):
1. one copy only of the Software being accessed via the online facility made available by or on behalf of Assort or, where a physical copy of the Software has been made available, being installed on an appropriate non-networked single device (for example, computer server or, if applicable, corneal topography device);
2. use of the licensed copy of the Software within the use parameters which are communicated as part of Assort’s access facilities or otherwise specified by Assort from time to time concerning the Software (for example relating to measurements, quantities, surgeries, patients, procedures and import/export functions);
3. use of the licensed copy of the Software by only the individual who has signified their acceptance of these terms and been named in the applicable use registration (if any), provided that Assort may consent to an additional number of authorized users in Assort's applicable registration notice.  Use refers to causing the licensed copy to be run/executed via a single appropriate device solely for the purpose of your surgical eye practise, you warranting that you are, and anyone else allowed by you to use the Software will be, a qualified surgical eye practitioner engaged for that practise; and
4. without limiting (c) above, use only by those who are aware of these terms and agree to be bound by them as if named as you.  You agree that Assort may treat the acts or omissions of anyone you allow to access or use the Software, or whose access to or use of the Software you are able to prevent, as your own acts and omissions.
2. INTELLECTUAL PROPERTY - These terms do not license any data.  You agree not to make any use of any data generated using the Software to make any submission to any agency or any government or any organization that is responsible for or participates in relation to standards for eye treatment concerning laser technology, without Assort's prior written consent in each instance.  You may do any other act to the extent only that both it is a defense to copyright infringement under any applicable laws pertaining to copyright and any prohibition by Assort of such act would contravene such laws.  You must not transfer or otherwise deal with any circumvention device (which includes any registration code) issued by Assort.  You must not do or permit any act in relation to the Software or any Software related material made available by Assort which is not expressly authorized by these terms.
3. IMPORTANT WARNINGS & YOUR ACKNOWLEDGEMENTS – You acknowledge the following, including that they are very important warnings regarding your use of the Software (which, in this clause, includes any Software related material made available by Assort): (a) eye treatment is a highly skilled activity, to be undertaken only by appropriately qualified, experienced and trained eye surgeons; (b) you have had the opportunity to fully inspect and understand the functionality and performance of the Software prior to agreeing to these terms and that you accept the Software as it is provided; (c) by using the Software you accept that there are important limitations to the Software's ability to assist in the determination of optimum surgical parameters; (d) the Software cannot detect faulty or aberrant input data, cannot take into account all of the factors that should be considered before determining the treatment for any particular patient and may not be appropriate for use in any way connected with the treatment of some or all patients; (e) each medical situation should be considered unique to each patient, and all treatments individualized by your own decision making, independently of the Software, accordingly; (f) the Software is not a substitute for appropriate medical education and training or for the exercise of independent medical judgment; (g) you should not make any use or allow any use to be made of the Software other than as described in Assort's published Software-related material made available by Assort (including when you register your license of the Software under Assort's registration procedures if any); (h) there are no standards of quality, no standards of safety and fitness of any particular purposes or results which you or any user allowed by you require of the Software, acknowledging that it is one only of many tools of your choosing available to you in connection with your activities; (i) Assort does not practice medicine; (j) you have not relied on Assort (including on Assort's skill or judgement); (k) any results from the use of the Software may not be accurate or complete; (l) Assort does not endorse or recommend any particular techniques associated with the Software and other techniques may be appropriate in any particular situation; (m) you will not make or permit any access to or use of the Software unless you have in place appropriate strategies to manage all risks associated with use of the Software, including ensuring that only eye surgeons who are appropriately qualified, experienced and trained are permitted to use the Software; (n) none of the Software and results obtained from use of the Software should ever be relied on in the place of the independent professional judgement of an appropriately qualified, experienced, trained and independent eye surgeon; (o) any medical procedure has associated complications and risks, and the practise of medicine and standards of care may change over time which may warrant your review of use of the Software; (p) up to date independent research literature should always be consulted; (q) if Assort provides any service to you (including training and responding to any requests for assistance), such provision is on the basis that you accept all risks that any such service may not meet your requirements or meet any particular results, may be inaccurate or incomplete and is also on the basis that no terms or rights or representations have been or are given in relation to that service; (r) you should not use or allow use of the Software for personal, domestic or household use or consumption; (s) the availability of the Software may be delayed, interrupted or impeded for reasons which may include maintenance, telecommunications-related issues or viruses; and (t) any “free” or price discounted offering will be subject to these terms, and any additional restrictions referred to from time to time on Assort’s website, which restrictions may be greater than those for goods or services for which a fee or non-discounted charge applies.
4. NO ASSORT WARRANTY.  EXCLUSIONS AND LIMITATIONS

   IMPORTANT NOTICE -   SOME LAWS GIVE STATUTORY RIGHTS REGARDLESS OF THESE TERMS.  SEE §5 BELOW ABOUT THESE

   Assort does not offer or agree to any terms, whether they be a warranty or a condition and whether they be express, implied or otherwise, in any way relating to the Software (whether to its supply, or to any services relating to the Software or otherwise) which are not expressed in these 14 clauses and all such terms are excluded.  You agree to notify Assort in writing within seven (7) days of becoming aware of any concerns you may have about the Software (for example possible non-conformance with specifications).

   ASSORT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST ASSORT IN ANY WAY RELATING TO THE SOFTWARE (WHETHER TO ITS SUPPLY, TO ANY SERVICES RELATING TO THE SOFTWARE OR OTHERWISE), WHETHER FOR BREACH OF THESE TERMS, FOR ASSORT’S ALLEGED NEGLIGENCE OR OTHERWISE SHALL BE LIMITED, FOR ALL CLAIMS IN AGGREGATE, TO PAYMENT OF THE SUM OF AU$10.00, OR SUCH OTHER REMEDY OF ASSORT’S CHOOSING AS ASSORT CONSIDERS IS OF EQUAL OR GREATER VALUE WHICH, BY WAY OF ILLUSTRATION, MIGHT BE (A) RETURN OF ANY AND ALL LICENSE FEES PAID BY YOU FOR THE PERIOD IN FORCE WHEN YOUR RIGHT TO MAKE A CLAIM AROSE OR (B) REPAIR OR REPLACEMENT OF ANY LICENSED COPY OF THE SOFTWARE.

   YOU AGREE THAT ALL RISKS IN RESPECT OF THE SOFTWARE, ANY RELATED MATERIAL, ANY SOFTWARE SUPPORT AND ANY OTHER GOODS OR SERVICES WHICH ASSORT MAY PROVIDE REMAINS WITH YOU AND YOU AGREE THAT ASSORT HAS NO DUTY TO INFORM YOU OF ANY RISKS WHATSOEVER.

   IN NO EVENT SHALL ASSORT OR ANY RELATED COMPANY OF ASSORT OR ANYONE ASSOCIATED WITH EITHER OF THEM (INCLUDING ANY PERSON ACTING ON ITS BEHALF) BE LIABLE FOR ANY LOSS RELATING TO THESE TERMS.

   “LOSS” IN THE FOREGOING INCLUDES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, WHETHER FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE,

   “LOSS RELATING TO THESE TERMS” IN THE FOREGOING INCLUDES REFERENCE TO THE USE OF OR INABILITY TO USE THE SOFTWARE, ANY SOFTWARE RELATED MATERIAL, ANY SOFTWARE SUPPORT OR ANY OTHER GOODS OR SERVICES WHICH ASSORT MAY PROVIDE CONNECTED WITH THE SOFTWARE, EVEN IF ASSORT HAS BEEN ADVISED OF THEIR POSSIBILITY. 

5. YOUR STATUTORY RIGHTS – Notwithstanding anything else in these terms or otherwise, including §§3, 4, 6, 7 and 8 of these terms, no Assort acts or omissions, and nothing in these terms excludes, restricts or modifies any condition, warranty or right implied in these terms or protected by law (“Statutory Right”) to the extent that such exclusion, restriction or modification would render these terms or any provision of these terms void, illegal or unenforceable.  An example of Statutory Rights which are not in any way affected are the consumer guarantees pursuant to Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law).  In respect of any Statutory Right as relates to any of the goods or services supplied under these terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Assort's liability is limited to the "Statutory Remedy" to the extent Assort is lawfully able to rely on such limitation.  Under the preceding sentence, the "Statutory Remedy" is (a) in the case of goods, any one or more of the following as determined by Assort: * the replacement of the goods or the supply of equivalent goods; or * the repair of the goods; or * the payment of the cost of replacing the goods or of acquiring equivalent goods; or * the payment of the cost of having the goods repaired; (b) in the case of services, any one or more of the following as determined by Assort: * the supplying of the services again; or * the payment of the cost of having the services supplied again.  Assort acknowledges that it may not be lawfully able to rely on the limitations referred to in this clause because of circumstances prescribed by law, an example of which is where you establish that such reliance by Assort is not fair or reasonable under Australian Consumer Law section 64A(3) in circumstances where that provision is applicable to you.
6. ENTIRE AGREEMENT - These express terms set forth the entire agreement and understanding between you and Assort relating to the Software, any related material or any Software support or other service and supersede all prior agreements, discussions and understandings, whether oral or written.
7. GOVERNING LAW - These terms are governed by and shall be construed in accordance with the laws of the state of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of that state.  The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded, regardless of any statutory provisions which give that Convention the force of law.
8. INDEMNITY - You agree to release, indemnify, hold harmless and defend Assort, and Assort's related companies and their respective officers, employees and agents ("indemnified") from and against any loss (including legal costs and expenses) or liability incurred or suffered by those indemnified, to the extent arising from any claim, suit, action or proceeding against any of those indemnified, but only to the extent such loss or liability arises in connection with:
1. any actual or alleged injury, death or damage to any person or property as a result (directly or indirectly) of any supply by to you of the Software or
2. any use of the Software by you or allowed by you, or
3. your wrongful act or omission, including negligence, representation, misconduct, breach of contract, breach of duty or fraud.
9. PRIVACY - For details about Assort’s collections, uses and disclosures of personal information, see Assort’s privacy policy at http://www.assort.com/content/privacy-policy.  You agree with any privacy terms published by Assort from time to time on its website.  Without limiting INTELLECTUAL PROPERTY above, you agree to be solely responsible in relation to all privacy-related circumstances, including obtaining all consents in relation to the collection, use, storage and disclosure of personal information relevant to your use of the Software and including as to any privacy-related costs and expenses.
10. TAXES - You agree to pay, and indemnify Assort against, all taxes, duties, levies and charges which are payable on, or in respect of these terms (other than Assort's income taxes).
11. TERMINATION – After they have commenced, your rights under these terms continue until the earlier of or the occurrence of any of the following, namely (a) the expiry of your permitted access to the Software (as notified as part of Assort's registration or other procedures communicated prior to the commencement of these terms) and (b) any termination by Assort (communicated by any means determined by Assort) if a termination event referred to in §14 below and (c) if you are in breach of any of these terms and (d) you become the subject of any form of insolvency administration (e) you are dissolved (f) you destroy the Software or associated documents for any reason (g) act in a manner contrary to the way in which a reasonable and prudent licensee of the Software would act in relation to the Software and (h)  in the case of any goods or services made available on a “free” basis, after the expiry of 14 days’ termination notice given on Assort’s website.  You agree that on termination of these terms, you will destroy any remaining copies of the Software and associated documentation in your possession or under your control or otherwise deal with them in the manner directed by Assort.  Termination will not affect any other rights that Assort may have against you under these terms.
12. WAIVER & SEVERANCE - Failure by one of us to enforce any of the provisions of these terms will not be construed or deemed to be a waiver of its rights under these terms.  If any provision in these terms is illegal, void or unenforceable, that term shall be read down or (if that is not possible) severed to the extent necessary to remove that effect.
13. INFORMATION - You agree to give Assort such information and access to facilities and records as Assort reasonably requests from time to time in order to satisfy Assort regarding compliance with these terms.
14. CHANGES TO TERMS AND TERMINATION - Assort reserves the right to change, suspend or terminate the terms of these terms and the functionality or performance of the Software at any time.  Assort will give advance notice of any such circumstance on its website (or you can obtain such details by calling Assort via the contact details given on Assort's website), allowing you to cancel your license within the period of that advance notice.  You may do this by emailing or calling Assort via those contact details.  Where Assort makes any of these changes, the details will be available via Assort's website.  Continuing to make any use of Assort's supplies (including the Software) after the period of advance notice has expired will be deemed acceptance of the relevant change.

ASSORT® (A.B.N.  40 006 888 697)
Tel.  (61.3) 9584 6966
Fax.  (61.3) 9585 0995

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