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Legal

Terms of Use

Individual Subscription

  1. Rusty Shed Productions Pty Ltd (ACN 603 224 906) (Rusty Shed) has developed the “Cruncher” software, (Software) and related services.
  2. The Software is designed to work with and is distributed with (but otherwise is in no way associated with) the freely sourced platform FFmpeg (under the LGPLv2.1 licence) and other third party software which are governed by third party terms found here. Rusty Shed does not claim any ownership rights or control of the third party software, nor is the Cruncher Software derived from the third party software.
  3. The Software (exclusive of the third party software) is provided to you on the following terms (Terms of Use). By accepting these Terms of Use, or otherwise accessing the Software and the related services, you agree to be bound by the Terms of Use.

Licence and Restrictions

  1. Subject to payment of the licence fee set out on the Cruncher website (Licence Fee) to Rusty Shed, Rusty Shed grants you a non-exclusive, non-transferable, revocable licence to use the Software (Licence) in accordance with the terms and conditions of these Terms of Use for a period of 30 days, to be automatically renewed on a monthly basis unless you cancel your subscription (Term).
  2. You must not:
  1. use the Software or the Website (which includes the Cruncher forums and web portal) for any purpose or in any manner other than for your personal or business use. The Software is not to be re-sold or re-distributed under any circumstances;
  2. use the Software or the Website in any way that could damage the reputation of Rusty Shed or the goodwill or other rights associated with the Software;
  3. permit any third party to use the Software;
  4. use the Software or Website in any matter or for any purpose that violates any law or regulation, promotes illegal activities, violates third party rights or terms of service, violates any right of any person, including but not limited to intellectual property rights, rights of privacy, or in any manner inconsistent with these Terms of Use;
  5. permit any person to link to any page containing part of the Software (including via a hyperlink or RSS feed) without Rusty Shed’s prior written consent;
  6. except as expressly permitted by these Terms of Use, and except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent us restraining you from doing so:
    1. reproduce, make error corrections to, de-compile, disassemble or otherwise reverse engineer the Software or create any derivative works based upon the Software or the Website or permit any third party to do so;
    2. modify or remove any copyright or proprietary notices on the Software or the Website; or
  • distribute the outputs generated from the Software for other than your business, personal or educational purposes.

Intellectual Property

  1. You acknowledge and agree that:
    1. all intellectual property rights (including all copyright, patents, trade marks, design rights trade secrets, domain names, know how any other rights of a similar nature, whether registrable or not and whether registered or not) (Intellectual Property Rights) and other proprietary rights in the Software, Website and any modifications, updates or new releases of the Software, and the source code of the Software are owned exclusively by Rusty Shed;
    2. you have no right, title or interest in the Software other than the rights as licensee under these Terms of Use;
    3. Rusty Shed may in its absolute discretion manage and administer the Software (including all Intellectual Property Rights) as the exclusive owner;
    4. there is no transfer of title or ownership to you of the Software or any modifications, updates or new releases of the Software or the source code of the Software; and
    5. if you learn that a third party is infringing the Intellectual Property Rights in the Software or the Website, you will promptly notify Rusty Shed in writing.
  2. You warrant that in using the Software, you will:
    1. act at all times to protect the value in the Software and ensure that the Intellectual Property Rights and other proprietary rights in the Software are not infringed in any way; and
    2. comply with the directions of Rusty Shed in relation to the use of the Software and the Website.
  3. Rusty Shed acknowledges that it will not own the data you or any other user creates by using the Software. You grant to the Rusty Shed an irrevocable, perpetual, transferrable, worldwide, non-exclusive license to use, reproduce and modify any de-identified data created by using the Software for purposes preparing data, reports, information and other derivative works for industry benchmarking, data compilation and research purposes.

Web portal and forum

  1. Your Software licence allows you to access the Cruncher forums and web portal (Website). You must comply with any separate terms in relation to these services that are set out on the set out on the Website.
  2. Any username and passwords created by you or assigned by us must be kept safe and secure and only used by those authorised to do so. You must notify us immediately if you suspect that your details have been compromised or stolen.

Confidentiality

  1. You acknowledge that the Software and the Documentation are commercially valuable assets which contain Intellectual Property Rights and confidential information (including the Software, the outputs produced by the Software, all information provided by Rusty Shed about the Software) (Confidential Information).
  2. You agree to protect and not to disclose the Confidential Information unless it:
    1. becomes available to the public (other than because of your breach of these Terms of Use);
    2. was in your possession prior to receipt from Rusty Shed; or
    3. is required to be disclosed to the Licensee’s authorised agents or by law.

Privacy

  1. Rusty Shed maintains a policy of strict confidence concerning personal information it may collect in the provision of its services under these Terms of Use. Any collection, storage, use and dissemination of personal information will be in accordance with Rusty Shed’s Privacy Policy which can be found at: https://getcruncher.com.au/privacy-policy and as otherwise permitted under the Privacy Act 1988 (Cth).

Liability

  1. To the extent permitted by law, Rusty Shed excludes all liability against any and all costs, claims, losses, liabilities and expenses that may arise out of or in connection with use of the Software or the Website or any data contained in the Software.

Indemnity

  1. You will be at all times (including upon expiry or termination of these Terms of Use) liable to Rusty Shed for, and must indemnify and keep Rusty Shed, and its respective officers, employees and agents, indemnified from and against, any loss (including legal costs and expenses), damages, claims or liability incurred or suffered by Rusty Shed or its respective officers, employees and agents in connection with:
    1. any breach by you of these Terms of Use; or
    2. any suit, action or proceeding by any person against Rusty Shed where such loss or liability was caused by your negligent or wilful act or omission in connection with these Terms of Use.

Termination

  1. You may cancel your subscription at any time and these Terms of Use and your access to the Software will terminate prior to the next automatic renewal date.
  2. Rusty Shed may terminate these Terms of Use immediately by written notice if you breach these Terms of Use:
    1. in a manner capable of remedy, and do not remedy that breach within 10 Business Days of being requested by Rusty Shed to do so; or
    2. where that breach is not capable of remedy.
  3. Rusty Shed may also terminate these Terms of Use, or your access to the Software, if for any reason Rusty Shed no longer has the rights to provide the Software.
  4. Where these Terms of Use are terminated for the reasons above or upon expiration:
    1. any Licence Fees which have already been paid to access the Software will not be refunded by Rusty Shed unless Rusty Shed is in breach of these Terms of Use or otherwise in breach of any consumer warranty;
    2. the licence granted to will automatically terminate and Rusty Shed may prevent you from accessing the Software (including by deactivating all and/or any part of the Software and/or changing any access codes); and
    3. Clauses 11- 12 and 14 – 15 are intended to survive the termination or expiration of these Terms of Use.

General

  1. The following general clauses apply in relation to this these Terms of Use:
  2. These Terms of Use constitute the entire agreement between the parties and supersede any prior representations, understandings or arrangements made between the parties, whether orally or in writing.
  3. Rusty Shed may vary these Terms of Use at any time and your continued use of the Software or Documentation will constitute acceptance of that variation.
  4. A right created by these Terms of Use cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
  5. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
  6. Nothing in these Terms of Use creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties; and no party has the authority to bind any other party by any representation, declaration or admission, or to make any contract or commitment on behalf of any other party or to pledge any other party’s credit.
  7. The laws applicable in Victoria govern these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.

Terms of Use

Business Subscription

  1. Rusty Shed Productions Pty Ltd (ACN 603 224 906) (Rusty Shed) has developed the “Cruncher” software, (Software) and related services.
  2. The Software is designed to work with and is distributed with (but otherwise is in no way associated with) the freely sourced platform FFmpeg (under the LGPLv2.1 licence) and other third party software which are governed by third party terms found here. Rusty Shed does not claim any ownership rights or control of the third party software, nor is the Cruncher Software derived from the third party software.
  3. The Software (exclusive of the third party software) is provided to you on the following terms (Terms of Use). By accepting these Terms of Use, or otherwise accessing the Software and the related services, you agree to be bound by the Terms of Use.

Licence and Restrictions

  1. Subject to payment of the licence fee set out on the Cruncher website (Licence Fee) to Rusty Shed, Rusty Shed grants you a non-exclusive, non-transferable, revocable licence to use the Software (Licence) in accordance with the terms and conditions of these Terms of Use for a period of one year, to be automatically renewed unless you advise us otherwise prior to the expiry date (Term).
  2. You must not:
  1. use the Software or the Website (which includes the Cruncher forums and web portal) for any purpose or in any manner other than for your personal or business use. The Software is not to be re-sold or re-distributed under any circumstances;
  2. use the Software or the Website in any way that could damage the reputation of Rusty Shed or the goodwill or other rights associated with the Software;
  3. permit any third party to use the Software;
  4. use the Software or Website in any matter or for any purpose that violates any law or regulation, promotes illegal activities, violates third party rights or terms of service, violates any right of any person, including but not limited to intellectual property rights, rights of privacy, or in any manner inconsistent with these Terms of Use;
  5. permit any person to link to any page containing part of the Software (including via a hyperlink or RSS feed) without Rusty Shed’s prior written consent;
  6. except as expressly permitted by these Terms of Use, and except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent us restraining you from doing so:
    1. reproduce, make error corrections to, de-compile, disassemble or otherwise reverse engineer the Software or create any derivative works based upon the Software or the Website or permit any third party to do so;
    2. modify or remove any copyright or proprietary notices on the Software or the Website; or
  • distribute the outputs generated from the Software for other than your business, personal or educational purposes.

Intellectual Property

  1. You acknowledge and agree that:
    1. all intellectual property rights (including all copyright, patents, trade marks, design rights trade secrets, domain names, know how any other rights of a similar nature, whether registrable or not and whether registered or not) (Intellectual Property Rights) and other proprietary rights in the Software, Website and any modifications, updates or new releases of the Software, and the source code of the Software are owned exclusively by Rusty Shed;
    2. you have no right, title or interest in the Software other than the rights as licensee under these Terms of Use;
    3. Rusty Shed may in its absolute discretion manage and administer the Software (including all Intellectual Property Rights) as the exclusive owner;
    4. there is no transfer of title or ownership to you of the Software or any modifications, updates or new releases of the Software or the source code of the Software; and
    5. if you learn that a third party is infringing the Intellectual Property Rights in the Software or the Website, you will promptly notify Rusty Shed in writing.
  2. You warrant that in using the Software, you will:
    1. act at all times to protect the value in the Software and ensure that the Intellectual Property Rights and other proprietary rights in the Software are not infringed in any way; and
    2. comply with the directions of Rusty Shed in relation to the use of the Software and the Website.
  3. Rusty Shed acknowledges that it will not own the data you or any other user creates by using the Software. You grant to the Rusty Shed an irrevocable, perpetual, transferrable, worldwide, non-exclusive license to use, reproduce and modify any de-identified data created by using the Software for purposes preparing data, reports, information and other derivative works for industry benchmarking, data compilation and research purposes.

Web portal and forum

  1. Your Software licence allows you to access the Cruncher forums and web portal (Website). You must comply with any separate terms in relation to these services that are set out on the set out on the Website.
  2. Any username and passwords created by you or assigned by us must be kept safe and secure and only used by those authorised to do so. You must notify us immediately if you suspect that your details have been compromised or stolen.

Confidentiality

  1. You acknowledge that the Software and the Documentation are commercially valuable assets which contain Intellectual Property Rights and confidential information (including the Software, the outputs produced by the Software, all information provided by Rusty Shed about the Software) (Confidential Information).
  2. You agree to protect and not to disclose the Confidential Information unless it:
    1. becomes available to the public (other than because of your breach of these Terms of Use);
    2. was in your possession prior to receipt from Rusty Shed; or
    3. is required to be disclosed to the Licensee’s authorised agents or by law.

Privacy

  1. Rusty Shed maintains a policy of strict confidence concerning personal information it may collect in the provision of its services under these Terms of Use. Any collection, storage, use and dissemination of personal information will be in accordance with Rusty Shed’s Privacy Policy which can be found at: https://getcruncher.com/privacy-policy and as otherwise permitted under the Privacy Act 1988 (Cth).

Liability

  1. To the extent permitted by law, Rusty Shed excludes all liability against any and all costs, claims, losses, liabilities and expenses that may arise out of or in connection with use of the Software or the Website or any data contained in the Software.

Indemnity

  1. You will be at all times (including upon expiry or termination of these Terms of Use) liable to Rusty Shed for, and must indemnify and keep Rusty Shed, and its respective officers, employees and agents, indemnified from and against, any loss (including legal costs and expenses), damages, claims or liability incurred or suffered by Rusty Shed or its respective officers, employees and agents in connection with:
    1. any breach by you of these Terms of Use; or
    2. any suit, action or proceeding by any person against Rusty Shed where such loss or liability was caused by your negligent or wilful act or omission in connection with these Terms of Use.

Termination

  1. You may cancel your subscription at any time and these Terms of Use and your access to the Software will terminate prior to the next automatic renewal date.
  2. Rusty Shed may terminate these Terms of Use immediately by written notice if you breach these Terms of Use:
    1. in a manner capable of remedy, and do not remedy that breach within 10 Business Days of being requested by Rusty Shed to do so; or
    2. where that breach is not capable of remedy.
  3. Rusty Shed may also terminate these Terms of Use, or your access to the Software, if for any reason Rusty Shed no longer has the rights to provide the Software.
  4. Where these Terms of Use are terminated for the reasons above or upon expiration:
    1. any Licence Fees which have already been paid to access the Software will not be refunded by Rusty Shed unless Rusty Shed is in breach of these Terms of Use or otherwise in breach of any consumer warranty;
    2. the licence granted to will automatically terminate and Rusty Shed may prevent you from accessing the Software (including by deactivating all and/or any part of the Software and/or changing any access codes); and
    3. Clauses 11- 12 and 14 – 15 are intended to survive the termination or expiration of these Terms of Use.

General

  1. The following general clauses apply in relation to this these Terms of Use:
  2. These Terms of Use constitute the entire agreement between the parties and supersede any prior representations, understandings or arrangements made between the parties, whether orally or in writing.
  3. Rusty Shed may vary these Terms of Use at any time and your continued use of the Software or Documentation will constitute acceptance of that variation.
  4. A right created by these Terms of Use cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
  5. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
  6. Nothing in these Terms of Use creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties; and no party has the authority to bind any other party by any representation, declaration or admission, or to make any contract or commitment on behalf of any other party or to pledge any other party’s credit.
  7. The laws applicable in Victoria govern these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.