Class Technology Pty EULA User Manual

End User Licence Agreement (EULA)
Class is in the process of updating its terms and conditions to better reect the nature of our current services. The rst step in this process is to replace our application terms and conditions with this new End User Licence Agreement (“EULA”), and to add separate data terms. During the transition process, the new terms and conditions may not yet apply to existing users.
End User Licence Agreement (EULA)
Recent changes: In December 2020, we updated this EULA. We have included a new paragraph in section 4 regarding the use of third party electronic signature solutions with our software.
To the extent that any terms of this EULA are inconsistent with the terms of the “Software Services Agreement” (or other separate signed agreement) between us and our Client (as dened below), the terms of this EULA will not apply to the extent of such inconsistency.
IMPORTANT: This EULA is an agreement between you and Class Technology Pty Ltd (ABN 46 121 158
503) of Level 3, 228 Pitt Street, Sydney, New South Wales 2000 (“us”, “we” or “our”) for the use by you of our SMSF accounting and administration software, “Class Super”, and/or our investment reporting and administration software, “Class Portfolio” (together, the “Software”).
To proceed to use the Software, you must be (and you warrant, represent and undertake that you are) an employee or other authorised user (“Authorised User”) of the organisation which has given you access to access and use the Software (our “Client”). If you are not such an Authorised User, you have no right to use the Software and should not proceed past this point. Please read this EULA carefully, as it sets out the terms and conditions governing your use of the Software. By clicking the “accept” button or by accessing and using the Software, you are entering into and agreeing to be bound by the terms of this EULA, our policy regarding use of the Software, available at
class.com.au/fair-use-policy (“Use Policy”), our data breach notication protocol, available at
class.com.au/data-breach-protocol/ (“Data Breach Notication Protocol”), and our privacy policy,
available at class.com.au/privacy (“Privacy Policy”).
Our Use Policy, Data Breach Notication Protocol and our Privacy Policy are incorporated into this EULA by reference and may be updated by us from time to time.
We will notify you of any changes to the documents referred to in the links above, or to this EULA, when you next login to the Software.
Level 3, 228 Pitt Street, Sydney NSW 2000 Copyright © 2020. Class Technology Pty Ltd. ABN 46 121 158 503 AFSL 313512 Version 4 - 04/01/2021
1 Access to and Use of the Software
We grant you a non-transferable and non-exclusive right to access and use the Software remotely via the internet, and to use the specications, user manuals, training materials and collateral in connection with the Software (“Documentation”), for the business purposes of our Client (“Approved Purpose”) strictly in accordance with the terms of this EULA.
You must comply with all applicable laws in connection with your access to and use of the Software, and access and use the Software only in accordance with access requirements (such as user identication and password requirements) notied to you from time to time by us or our Client. The Software must be used in conjunction with hardware of equal or higher specications than our minimum hardware specications, set out at class.com.au/minimum-hardware-requirements (which we may update from time to time), and you are entirely responsible for acquiring, maintaining, updating and properly using any computer, device, workstation terminal, other electronic device (including a network server), and communication links and ensuring that you comply with minimum browser requirements notied by us.
You are entirely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and rights (including Intellectual Property Rights) of use in respect of any data, les or other information, including Personal Information (as dened in clause 5 below), that you input, upload or store with us in the course of using the Software (“Your Data”), including for entering or uploading Your Data into the Software and maintaining Your Data. For the purposes of this EULA, “Intellectual Property Rights” means all industrial and intellectual property rights both in Australia and throughout the world, whether now known or devised in the future, and for the duration of the rights including any patents, copyright, registered or unregistered trade-marks or service marks, registered designs and commercial names and designations, circuit layouts, database rights and rights in relation to condential information and trade secrets, whether or not registered or registrable.
You must ensure that you have all necessary rights and consents for us to access, store, use, copy, modify and delete (collectively, “Process”) Your Data in accordance with this EULA. You must ensure that Your Data and our Processing of Your Data in accordance with this EULA does not give rise to any civil or criminal liability for us.
We may allow you to use a third party (or your own) identity verication software to enable you to login and access the Software, however, if we do so:
(i) we will not be in a position to validate any access to the Software using such identity
verication software; and
(ii) you are entirely responsible for any access to, or use or misuse of, the Software (whether by
you, our Client, another Authorised User or any other person) as a result of your use of such identity verication software.
Level 3, 228 Pitt Street, Sydney NSW 2000 Copyright © 2020. Class Technology Pty Ltd. ABN 46 121 158 503 AFSL 313512 Version 4 - 04/01/2021
As part of the Software, we may provide you with the ability to upload and store les with us. We may use anti-virus software to scan these les for viruses or other malware (Harmful Code). We may refuse to upload les where we detect Harmful Code in them and we will notify you where we do. Where les have already been uploaded, we will quarantine them and inform you once we have done so, at which point you will have 5 working days to download them. If you decide to download your les, you do so knowing they have been identied as containing Harmful Code and do so entirely at your own risk. We may subsequently delete your les.
From time to time: (i) the Software may be unavailable due to scheduled maintenance, system or Software
updates, upgrades or changes and operational procedures;
(ii) we may change, add or delete functions, features, performance or other characteristics
of the Software provided that the functionality or availability of the Software will not be materially and adversely affected; and
(iii) we may deactivate your access to the Software due to systems issues.
2 Restrictions
You must not: (i) use the Software or any support material including user manuals, specications, training
materials and collateral in connection with the Software (“Documentation”) for any purpose other than for the purposes of our Client (“Approved Purpose”), or otherwise permit access to
the Software and Documentation by any other person; (ii) reverse engineer or decompile the Software, unless otherwise permitted by law; (iii) modify or alter the Software or Documentation; (iv) sublicense the Software; (v) sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available
to any third party the Software; or (vi) remove, alter or obscure any identication, copyright, trademark or other proprietary
notices, labels or marks on or in the Software and the Documentation.
As between us and you, the Intellectual Property Rights, title and any other interest in the Software (including any modications and derivative works) and the Documentation is permanently and irrevocably vested in us, and the Software and Documentation are made available to you for the specic purposes of this EULA and this EULA does not convey any rights of ownership in or to the Software and Documentation.
As between us and you, the Intellectual Property Rights, title and any other interest in Your Data is permanently and irrevocably vested in our Client. You warrant, represent and undertake that you have granted our Client all applicable rights (including Intellectual Property Rights) necessary for our Client to permit us to Process Your Data to the extent necessary to perform our obligations under this EULA.
Level 3, 228 Pitt Street, Sydney NSW 2000 Copyright © 2020. Class Technology Pty Ltd. ABN 46 121 158 503 AFSL 313512 Version 4 - 04/01/2021
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