Background Eichmann v FCT  FCAFC 155 (Eichmann's case) is about whether a block of land used by a building, bricklaying and paving business connected to the Taxpayer for the storage of work tools, equipment and materials was an ‘active asset’, defined...
Tax Library Licence Agreement
Parties to the Agreement:
1. TaxBanter Pty Ltd
The parties agree as follows:
1. LICENCE AND ANCILLARY MATTERS
Taxbanter grants to the Customer a non-exclusive and non-transferable license to use the Product in accordance with this Licence Agreement on a standalone computer or network controlled by Customer.
Unless authorised in writing by TaxBanter, the Product may be used by the Customer pursuant to the Licence Agreement only: for research, and other activities; in connection with the internal management and administration of the Customer’s business activities; or in the course of providing legal and accounting services and related advisory services to the Customer’s clients. In particular, the following activities are expressly prohibited: the use of the Product by Customer to train the Customer’s clients without TaxBanter’s prior written consent; and the reproduction of any part of the Product for sale or incorporation in any product or service intended for sale or supply to third parties.
Copyright in and other proprietary rights to the Product are retained by TaxBanter.
Except as contemplated by clause 1.2, the Customer is not entitled to copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Product. Nor may the Customer merge the Product (or any part there-of) with any other databases.
The Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under control of TaxBanter. In relation to the other sites on the World Wide Web which are linked to the Website, Taxbanter:
provides links to other sites as a convenience to the Customer and the existence of a link to other sites does not imply any endorsement by TaxBanter of the linked site; and
is not responsible for the material contained on those linked sites
2. ACCESS TO THE PRODUCT
The Customer may access the Product online utilising the Logon ID allocated to it by TaxBanter.
The Customer must ensure that the Customer does not disclose its Logon ID to anyone other than its officers, employees and agents.
The Customer must immediately notify TaxBanter if its Logon ID should be cancelled.
TaxBanter reserves the right to update the Customer’s Login ID on or around the 31st of December each year or at any other time
3. TERMINATION OF ACCESS
TaxBanter may terminate your access to the Product at any time without giving any explanation or justification for the termination of access. TaxBanter has no liability for any costs, losses or damages of any kind arising as a consequence of terminating a Customer’s access to the Product.
4. ALTERATION OF THE LICENCE AGREEMENT
Taxbanter reserves the right to make changes to the Licence Agreement:
with or without further notice to the Customer; and
without giving the Customer any explanation or justification for such change.
5. RELEVANT JURISDICTION
If any part of this Licence Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Licence Agreement, and the severed part will not affect the validity and enforceability of any remaining provisions.
This Licence Agreement will be governed by and construed in accordance with the laws of the State of Victoria.
The Customer agrees to the jurisdiction of the courts of the State of Victoria to determine any dispute arising out of this Licence Agreement.
6. DISCLAIMER AND LIMITATION OF LIABILITY
TaxBanter makes no representations or warranties express or implied in respect of the Product. In particular, but without limiting the generality of the previous statement, TaxBanter does not warrant that the Product is fit for any purpose, irrespective of whether or not any purpose is communicated to TaxBanter. The Customer acknowledges that, because of the nature of the internet and third party dependencies, TaxBanter does not warrant that access will be continuous, uninterrupted or error-free and that the Website may not always be available due to upgrades or maintenance. In no event will TaxBanter and its respective officers, employees and agents be liable for any remote, indirect, consequential, special or incidental damages or loss including, without limitation, damages resulting from loss of data, loss of profits or business interruption (even if Customer has advised TaxBanter of the possibility of such damages). TaxBanter will not be liable to the Customer or anyone else for damage caused directly or indirectly to computer files through the accessing the Product via the internet. The Customer must apply whatever virus protection measures it considers appropriate as TaxBanter will not be responsible for any damages or loss caused by any viruses.
The Product made available by TaxBanter pursuant to the Licence is subject to the following disclaimer:
No person should rely on the contents of the Product without first obtaining advice from a qualified professional person. The Product is licensed on the understanding that:
the authors, consultants, editors and programmers are not responsible for the results of any actions taken on the basis of information contained in the Product, nor for any error in or omission from the Product; and
TaxBanter is not engaged in rendering legal, accounting or other professional services. TaxBanter and the authors, consultants, editors and programmers expressly disclaim all and any liability to any person, whether or not a purchaser, reader or user of the Product, in respect of anything, and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of the Product.
“TaxBanter” means TaxBanter Pty Ltd ABN 34 127 929 720.
“Licence” means the licence granted pursuant to clause 1.1.
“Licence Agreement” means the contract between TaxBanter and Customer in relation to the grant by TaxBanter of a licence to the Customer to use the Product.
“Logon ID” means a username and password.
“Product” means the TaxBanter product (known as “Tax Library” including all information and associated software) licensed by TaxBanter to Customer and accessed via the website.
“Website” means the TaxBanter website through which the Product is accessed.