BiblioTECH - Library Management System

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" or "USER") AND BiblioTECH Australia Pty. Ltd. ("COMPANY") REGARDING YOUR ACCESS TO AND USE OF THE SOFTWARE IDENTIFIED HEREIN ("SOFTWARE"). BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED HEREWITH AND/OR BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST CLICK THE "CANCEL" BUTTON, YOU MAY NOT, ACCESS, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. Scope of Service

BiblioTECH v10 is a cloud-based library management system that allows librarians and teachers to catalogue resources and circulate them to users/students.
Core features of BiblioTECH v10 include: Search, Cataloguing, Circulation, Patrons Management, Resource Management, Reports, Notifications, Label printing, and Barcode printing.

2. Subscription Terms

Subscriptions are offered on an annual basis.
Payments are processed via bank transfer upon an invoice issued by the Company.
The Company offers subscriptions tiers depending on the number of users required.

3. Access, Availability, Support

Users will access BiblioTECH v10 via a secure web portal located at https://bibliotechonline.com/ upon signup and login.
The Company guarantees an uptime of 99.95%.
The Company will provide email and phone support during Victorian business hours.

4. Data Rights and Security

The User retains ownership of all data uploaded, entered, or generated within BiblioTECH v10 ("User Data").
The Company is granted a non-exclusive license to use User Data solely for the purposes of providing the service, technical support, and aggregated analysis in a way that maintains anonymity.
The Company implements robust security measures to protect User Data, including encryption, strict access controls, regular security audits, and data storage and processing in secure data centres located within Australia.

5. Data Backup and Recovery

BiblioTECH v10 performs daily incremental backups and weekly full backups of User Data.
The Recovery Point Objective (RPO) is 24 hours, and the Recovery Time Objective (RTO) is 72 hours.
The Company maintains a comprehensive Disaster Recovery Plan with regular testing and drills.

6. Data Portability

Upon the User's request or termination of the agreement, the Company will provide a means to export User Data in a structured, commonly used, and machine-readable format (e.g., CSV, XLSX) within 30 days.

7. Intellectual Property

BiblioTECH Australia Pty Ltd retains all intellectual property rights to BiblioTECH v10 ("Company IP").
The User is granted a limited, non-exclusive, non-transferable license to use the Company IP solely for the User's internal business purposes in accordance with this agreement.
The User shall not reverse engineer, modify, or distribute the software.
User Data remains solely user-owned; BiblioTECH does not have rights to share, modify, or utilise it externally.

8. Warranties and Disclaimers

The Company warrants that the software will function substantially as described in the documentation, in addition to the rights and remedies provided under the Australian Consumer Law.
To the extent permitted by law, the Company disclaims liability for indirect, consequential, or incidental damages, except for damages arising from a breach of the consumer guarantees under the Australian Consumer Law.

9. Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THAT BIBLIOTECH AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, BIBLIOTECH AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, EVEN IF BIBLIOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BIBLIOTECH’S AND ITS LICENSORS' MAXIMUM CUMULATIVE LIABILITY FOR DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SOFTWARE EXCEED THE LESSER OF THE PURCHASE PRICE OF THE SOFTWARE.

10. Termination

Either party may terminate this agreement if the other party commits a material breach and fails to remedy the breach within 30 days of written notice.
The User shall have 30 days to export data following termination of this agreement.

11. Governing Law and Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
Disputes will be resolved through good faith negotiation, mediation, and if necessary, binding arbitration in Melbourne, Australia.

12. API Connectivity and Third-Party Services

BiblioTECH v10 offers optional API connectivity to the School Catalogue Information Service (SCIS), owned by Education Services Australia Limited (ESA).
The User acknowledges that use of SCIS API connectivity is subject to separate terms and conditions established by ESA, and the User is responsible for obtaining any necessary licenses or approvals.
The User agrees to comply with all applicable data security and privacy regulations when utilising SCIS API connectivity through BiblioTECH v10.

13. Entire Agreement, Amendment, Severability, Waiver, and Notices

This Agreement constitutes the entire agreement between the parties and may only be amended in writing.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force.
Notices under this Agreement shall be provided as specified herein.

Contact Information

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. If you have any concerns or wish to exercise your privacy rights, please don't hesitate to contact us using the following details:

Email: privacy@bibliotech.com.au

Phone: +61 3 9111 8912

Postal Address:

BiblioTECH Australia Pty Ltd

913/43 Therry Street

Melbourne, VIC 3000

Australia