Product License Agreement

The purchase process of any of our products, can only complete by accepting the terms of this product license agreement.  For maximum transparency this Product License Agreement (also known as an End User License Agreement or EULA) is accessible without the need to purchase.

 

By purchasing, downloading, installing, updating, or using the SmartMatix products, or any derivative thereof, you agree to all of the following conditions:

Please note!

At present Ms-Office automation products requiring our license key(s), only work on a Windows platform. They do not work on Apple or Linux. Unfortunately, we cannot refund in case your use is on a non-Windows platform.

Refund /Returns Policy

Due to the nature of the product, being that once activated they can be copied and used on the same platform, we therefor unfortunately cannot provide refunds. Should you not yet have activated the product, at our discretion we may consider a refund, for the cost minus our payment gateway’s transaction fees.

Warranties and liabilities

All products are provided on an “as-is” basis. While reasonable effort has been made to ensure the products function correctly, the nature of Microsoft Office products is that there are infinite possibilities of using the content such as Spreadsheets or Documents, some of which might result in undesired, unforeseen outcomes. The same applies to any non-Microsoft-based-products we provide.

 

Hence, all our products are explicitly provided without any warranty to product's correct, defect free, and/or reliable functioning. By using the product, you agree that SmartMatix has no liability for any damages, nor any consequential damages, of any kind, resulting from using the product.

 

Our Products are sold in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

Licensing, copy-right, and ownership

Products come in two types:

1.       products requiring a license key to unlock the functionality, and

2.       products that are provided without the need for a license key.

 

For both types of products, the Intellectual Property and copy-right of the product, including amongst others the layout design, functional design, functionality, and exposed accessible formula (such as in Spreadsheets), is reserved and remains the ownership of SmartMatix Ltd.

 

You agree not to on-sell the products, or reverse engineer them in any shape or form. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.

Re 1:  For products not requiring a license key:

You are free to use the product for its single user licensed purpose only. If you need multiple copies, please purchase those. We are keeping the price as low as we can, to make it affordable to do so. We have elected not to police this, and instead rely on honesty. The modest cost x many purchases, ensure we can keep providing the services, products, and product maintenance. We thank you for your contribution.

 

If you alter this type of product in any form, you need to acknowledge our work, and retain all Copyright statements, and references to SmartMatix and the SmartMatix.com website. You may not subsume copyrights for all or part of the product, through altering the product.

Re 2:  For products requiring a licence key:

Your license key is for your exclusive use only. You are not permitted to resell, share, publish online, or in any other way, distribute your license key.

 

Your license key is to be used to activate the product as per the type of activation of the purchased product key (single-, multi-user, once-off, or recurring).

 

Your activated product can be distributed to others, but such product will only work for the other person for a limited time, for the purpose that they can review or contribute to the content in your product. For the other person to continue using the product for their own purposes, they need to purchase a license key from our site, and then re-activate the product.

 

Please be aware that violation of the agreement laid out here may result in the issuing of a warning notice and, if not resolved, possible revocation of your license key.

 

The license keys issued remain the property of SmartMatix and may be deactivated / deleted at any time, for any reason, not limited to unauthorized distribution of license keys.

Support

To keep prices as low as we can, support is explicitly  not  included / provided as part of any SmartMatix product purchase, be it a once-off purchase, or a recurring license fee product. As stated, the products are provided on an “as-is” basis. We may choose to provide support in certain circumstances, but please be aware that such support is not part of the purchase, and support is provided at our sole discretion.

 

When available, support can be purchased as a “support time units” product from the store. These “support time units” will entitle you to support for the time value purchased within the service level agreement of the support product purchased.

Product updates

Product updates are released at our sole discretion and no guarantee is given that future updates will be released or that specific features will be added or updated. Purchasing a product does not give automatic rights to a newer updated version of the product.

Sunset of products

SmartMatix reserves the right, at its sole discretion, and at any time, to retire any of our products without consultation. Where recurring licenses are involved, if such products are retired, active registered users will be notified to turn their keys into an everlasting key. Thus it is important that you maintain your registration on our site, and keep your email address up-to-date.

Governing law

This Agreement is exclusively governed by the laws of New Zealand and the exclusive jurisdiction of the New Zealand courts under all circumstances.

 

If your countries’ jurisdiction imposes its jurisdiction over New Zealand’s, or does not allow limitation of liability, incidental, or consequential damages, or if the laws of your country do not permit this clause, then by accepting this License Agreement (through clicking acceptance, or using our Products) you have explicitly and knowingly waived any such rights claimed by your countries’ jurisdiction.

 

If any provision of this Agreement is invalid or unenforceable, the remaining provisions of this Agreement will not be affected and will continue to be in force.

Disclaimers and exclusions

The Products are provided for business purposes only, and accordingly, the provisions of the New Zealand Consumer Guarantees Act do not apply.

 

This Agreement constitutes the entire Agreement and understanding between you and us, and replaces all previous Agreements, understandings and representations relating to the Product, and any additional or different terms that you may provide to us, including on any purchase orders.

Indemnity

You fully indemnify us from and against all claims, damages, losses, liabilities and costs arising from or related to your use of our Products, or any breach of the terms in this Agreement by you.

Termination

So long as you comply with the terms in this Agreement, we grant you a non-exclusive and non-transferable right to access and use the Products as set out in this Agreement. If you fail to comply, automatically and without notice, this Agreement will terminate, access to Services may be denied, and you agree to cease using the Products.

 

Copyright, trademarks, patents and ownership rights clauses survive termination of this Agreement.

Rights to update this Agreement

SmartMatix reserves the right, at its sole discretion, and at any time, to change this Agreement without notice. Such changes shall be effective immediately upon the posting of the revised Agreement on this website. The changed Agreement replaces all previously agreed Agreements.

 

It is your responsibility to check for changes to the agreement and discontinue use of the product if you do not find them acceptable.

 

Last Change: 18 Feb 2021.