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Last updated: 9 January 2023
This website (Site) is operated by Iconic Design Tools Pty Ltd ABN: 85 656 881 079 (we, our or us). It is available at: https://designtoolbars.com and may be available through other addresses or channels.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. 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 We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
License to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
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):
(a) 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;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) 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;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a license to do so from us.
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.
Intellectual Property rights: Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of the Content. 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. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) 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.
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.
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:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) 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.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
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.
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.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, 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 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.
Indemnity: To the maximum 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.
Termination: These Terms are effective until terminated 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.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute 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.
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.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
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 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 access our Site.
For any questions and notices, please contact us at:
Design Toolbars at Iconic Design Tools Pty Ltd ABN: 85 656 881 079
End-User License Agreement (EULA) of Design Toolbars by Iconic Design Tools Pty Ltd.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Design Toolbars by Iconic Design Tools Pty Ltd.
This EULA agreement governs your acquisition and use of our Design Toolbars by Iconic Design Tools Pty Ltd software ("Software") directly from Design Toolbars by Iconic Design Tools Pty Ltd.
Please read this EULA agreement carefully before completing the installation process and using the Design Toolbars by Iconic Design Tools Pty Ltd software. It provides a licence to use the Design Toolbars by Iconic Design Tools Pty Ltd software and contains warranty information and liability disclaimers.
If you register for a free trial of the Design Toolbars by Iconic Design Tools Pty Ltd software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Design Toolbars by Iconic Design Tools Pty Ltd software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Design Toolbars by Iconic Design Tools Pty Ltd herewith regardless of whether other software is referred to or described herein. The terms also apply to any Design Toolbars by Iconic Design Tools Pty Ltd updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
To the extent that you are accessing the Software through a license granted to your organization or employer, this Agreement is subject to the terms and conditions relative to customer quote, order form, or other applicable written agreement between such organization and Iconic Design Tools Pty Ltd (the “Purchase Agreement”), including without limitation the applicable number of licensed users, software license, and support fees, provided that in the event of any conflict between the terms of this Agreement and the Purchase Agreement, the terms and conditions of this Agreement shall control.
Terms Applicable on Payment of License Fees
Annual subscription the for the applicable number of licensed users, software license, and any support fees automatically renew at the end of the then-current term for successive terms each for the same length of time as the initial term (each, a “renewal term”, and together with the initial term, the “term”). For example, if the initial term is one year, each renewal term will be for one year).
Subject to the terms of this agreement and payment of the fees set forth in the Purchase Agreement, Design Toolbars by Iconic Design Tools Pty Ltd grants to you, and you accept, a worldwide, non-transferable, nonexclusive, non-sublicensable license to use the object code version of the software and documentation only as authorized in this agreement during the term. You are not permitted to use the software in any manner not expressly authorized by this agreement. This agreement shall remain in full force and effect for the duration of your use of the software.
You are permitted to load the Design Toolbars by Iconic Design Tools Pty Ltd software (for example a PC or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Design Toolbars by Iconic Design Tools Pty Ltd software.
You are not permitted to:
• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• Use the Software for any purpose that Design Toolbars by Iconic Design Tools Pty Ltd considers is a breach of this EULA agreement.
All of our software is covered by this disclaimer: While Iconic Design Tools Pty Ltd (ABN: 85 656 881 079) make every effort to deliver high quality products, we do not guarantee that our products are free from defects. Our software is provided “as is," and you use the software at your own risk.
We make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied. No oral or written communication from or information provided by Iconic Design Tools Pty Ltd shall create a warranty.
Under no circumstances shall Iconic Design Tools Pty Ltd be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if Iconic Design Tools Pty Ltd has been advised of the possibility of such damages.
Intellectual Property and Ownership
Design Toolbars by Iconic Design Tools Pty Ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Design Toolbars by Iconic Design Tools Pty Ltd. Design Toolbars by Iconic Design Tools Pty Ltd reserves the right to grant licences to use the Software to third parties.
Term and Termination
The term of this agreement is effective from the date you click to accept this agreement and shall continue until terminated. You may terminate it at any time upon written notice to Design Toolbars by Iconic Design Tools Pty Ltd.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Design Toolbars is designed to work on current Windows and desktop versions of Microsoft Office as of January 2021. When upgrading to new versions of Windows or Microsoft Office, some features may no longer work as intended. Iconic Design Tools Pty Ltd (the company) cannot be held liable for Windows or Microsoft Office changes that affect Design Toolbars (the software). However, we plan to update our software on an ongoing basis as Windows and Microsoft Office updates are rolled out to the public – please be patient with us in such circumstances
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Australia and the State of New South Wales.
9 January 2023
Iconic Design Tools Pty Ltd
ABN: 85 656 881 079