Please supply the following details in order to download
Surname:
Initials:
Company:
Registration No:
Reference No:
Telephone No:
Format: (##########)
Email Address:
Terms and Conditions
FREEWARE USER LICENCE PLEASE READ THIS AGREEMENT CAREFULLY BEFORE UPGRADING, COPYING, INSTALLING, OR USING SARS E@SYFILE SOFTWARE FROM THE SOUTH AFRICAN REVENUE SERVICE ('SARS'). USE OF SUCH SOFTWARE BY THE USER IMPLIES ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. WHEREAS, SARS is the author and proprietor of a software product known as SARS E@syfile ('E@syfile'), and and WHEREAS, the Tax Practitioner, individual or entity using this product ('User') desires to obtain the rights to use SARS E@syfile Employer Software and\or SARS E@syfile Dividends Tax Software, together with products owned by suppliers of SARS and offered by SARS as Freeware, with or without certain other commercially available software products; NOW, THEREFORE, SARS and User agree as follows. 1 DEFINITIONS 1.1 'the Software' means E@syfile, being a computer software product owned by SARS, and computer software products owned by suppliers of SARS, distributed by SARS under agreement with the owners of such software, which software products have been offered by SARS as Freeware. Freeware consists of software products available for use subject to certain conditions, but without payment of licensing fees. Where applicable, the Software includes SARS E@syfile Employer and SARS E@syFile Dividends Tax. 1.2 'SARS E@syfile Employer' means a modified version of the Software which allows import and export of files in .csv format. Such .csv files for import and export are files created or used by software supplied by vendors who supply commercial systems to Tax Practitioners and Employerswhich will either generate the .csv file in accordance with specifications supplied by SARS or import such .csv files generated by the Software. 1.3 'SARS E@syfile Dividends Tax' means a modified version of the Software which allows import and export of files in .csv format. Such .csv files for import and export are files created or used by software supplied by vendors who supply commercial systems to which will either generate the .csv file in accordance with specifications supplied by SARS or import such .csv files generated by the Software. 1.4 'Media Fees' means such fees as may be charged by SARS to User, or by User to any third party, to compensate for the cost of the media used to transfer the Software. 1.5 'License' means the right for User to use the Software pursuant to the terms and conditions defined herein. The absence of a license fee shall in no way be an indication of a willingness or desire on the part of SARS to place the Software in the public domain. SARS and its licensors intend to retain, and do retain, all intellectual property and ownership rights in the Software. 2 ACCEPTANCE OF TERMS 2.1 This agreement shall be deemed to have been accepted by User upon User's performance of any of the following acts: 2.1.1 Installation, copying, or use of the Software on one or more of User's computers; 2.1.2 Distribution of the Software to any party other than SARS; 2.1.3 Retention of installable version of the Software for more than fifteen (15) days; or 2.1.4 Any other act not consistent with non-acceptance of the terms and conditions recited herein. 2.2 If User does not accept the terms and conditions recited herein, User shall delete, return, and/or discard any files, data, or materials associated with the Software. 3 SCOPE OF USE 3.1 User may use the Software on an unlimited number of computers. 3.2 User may distribute the Software to third parties only where such third parties are aware of, and agree to be bound by, the terms and conditions contained in this Agreement. Such distribution shall include all files associated with the Software. Where User directs third parties to download the Software from SARS's website, User shall not provide a direct download link, but shall direct such third parties to SARS's web pages so that such third parties shall be informed of SARS's policies and terms of use. 3.3 User may only use the Software in accordance with its intended use as documented by SARS and distributed along with the Software. 3.4 The Software may not be used to support any third party product, nor create any tools or executable scripts for use with any third party product, without the express written consent of an authorized representative of SARS. 3.5 User may not modify the Software, any accompanying documentation, or any file utilised in the delivery or distribution of the Software or any accompanying documentation, without the express written consent of an authorized representative of SARS. 3.6 User may not reverse engineer, decompile, nor take any other steps consistent with an attempt to reveal any confidential, trade secret, or other non-public information associated with the Software. Further, User may not assist any other party attempting to reverse engineer, decompile, nor take any other steps consistent with an attempt to reveal any confidential, trade secret, or other non-public information associated with the Software. Should User become aware of any activity in violation of this term, whether or not under User's control or authorization, User will inform SARS of such activity and assist SARS in terminating such activity and protecting its threatened rights. 3.7 User may not sell, rent, lease, or otherwise charge for the distribution, installation, copying, or storage of the Software, nor of any tools, scripts or other software developed with the Software, other than a media fee as defined herein. 4 TERM AND TERMINATION The terms and conditions of this Agreement shall remain effective until this Agreement is terminated. Termination may be affected as follows: 4.1 Termination by User. User may terminate this Agreement at any time by destroying all copies of the Software, as indicated below. 4.2 Termination by SARS SARS may terminate this Agreement at any time upon notice to User if User, in SARS's sole discretion, is in breach of any of the terms and conditions contained herein, and fails to remedy such breach within a reasonable period, but in no event more than ten (10) days, following receipt of such notice. 4.3 SARS may terminate this Agreement at any time upon notice to User if SARS ceases to offer Freeware licenses, or changes the terms and conditions under which such licenses are offered, and User is unwilling to accept the revised terms and conditions. 4.4 SARS may terminate this Agreement at any time upon notice to User for convenience or for any other reason in SARS' sole discretion. 4.5 Upon termination of this Agreement, User shall return, delete, or destroy all copies of the Software, or any portion of the Software, remaining in User's possession or under User's control, including all distribution media containing distributable copies of all or any portion of the software. 5 OWNERSHIP AND CONFIDENTIAL INFORMATION SARS and/or its licensors own the Software under copyright, trade secret and all other laws that may apply. All product names, designs, and logos associated with the Software are trademarks of SARS. The source code of the Software and all information regarding the design, structure or internal operation of the Software are valuable trade secrets of SARS or third parties with which SARS has licensing and/or supplier arrangements ('Confidential Information'), provided however, that 'Confidential Information' shall not include information which otherwise would not be Confidential Information to the extent that such information was publicly known or otherwise known to User prior to the time of disclosure, or which subsequently became known through no act or omission by User, or which otherwise became known to User other than through disclosure by SARS without violation of any party's obligations to SARS. User shall not sell, transfer, publish, disclose, display or otherwise permit access to any Confidential Information by any third party, nor use any of the Confidential Information, except strictly as part of the Software in the form originally distributed by SARS. 6 DISCLAIMER OF WARRANTY The Software and related documentation are provided 'as is', without warranty of any kind. SARS disclaims all warranties, express or implied, including, but not limited to, implied warranties of design, merchantability, or fitness for a particular purpose. SARS does not warrant that the functions contained in the software or documentation will meet User's requirements, or that the operation of the software will be error-free, complete, or that defects in the software or documentation will be corrected. 7 LIMITATION OF LIABILITY Under no circumstances shall SARS, nor any other person or entity involved in the creation, production, or delivery of the Software be liable for any lost revenue or profits or any incidental, indirect, special, punitive, or consequential damages that result from the use or inability to use the Software or related products or documentation, even if SARS has been advised of the possibility of such damages. In no event shall SARS's total liability to User for all damages, losses, and causes of action, whether in contract, delict or otherwise, exceed the amount paid for the software, including media fees. 8 GENERAL 8.1 Entire agreement. This Agreement constitutes the entire agreement between User and SARS in regard to the subject matter herein, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. No amendment of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties. 8.2 Reasonableness Each Party shall in its dealings with the other, and in the exercise of any discretion granted to it in terms of this Agreement, act reasonably. 8.3 Non-waiver Waiver by SARS of any violation of any provision of this License shall not be deemed to waive any further or future violation of the same or any other provision. 8.4 Law and jurisdiction. This License and any dispute relating to the Software or to this License shall be governed by the laws of the Republic of South Africa. User agrees and consents that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to SARS or the matters in this License shall be exclusively in the High Court of South Africa. 8.5 Severability If any part or provision of this License is held to be unenforceable for any purpose, including but not limited to public policy grounds, then both parties agree that the remainder of the License shall be fully enforceable as if the unenforceable part or provision never existed. 8.6 Non-assignment User may not assign this License without the prior written consent of SARS, except, where User is a commercial entity, as part of a sale of all or substantially all of the assets of User's business. 8.7 No third party beneficiaries There are no third party beneficiaries of any promises, obligations or representations made by SARS herein. 8.8 Heirs and assigns This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as consent by SARS to any assignment of this agreement except as provided hereinabove.
I Agree