Plate Orientation

Faceplate Colour

Number of Buttons

Background

Product Code:

Quantity:

Plate Name:

Load a Saved Plate:

Terms of Use – KASTA Design Studio

VERSION: 1.0 October, 2021

Thank you for your interest in the KASTA Design Studio “Web Application”.

This Web Application is offered to you by KASTA Technologies, a limited liability company, with its principal office at Sydney Head Office, 157 Orchardleigh St, Old Guildford NSW 2161.

Applicability:

Please note that your right to use and interact with this Web Application is subject to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE WEB APPLICATION. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect so long as you continue to use or access the Web Application, or until terminated earlier in accordance with the provisions of these Terms of Use. By continuing access to this Web Application, you acknowledge that you have read all its terms, and that you understand and agree to be bound by these Terms of Use. These Terms of Use only governs the use of Web Application and in no way affects or overrides any other contract that you have with KASTA Technologies with regards to products or services.

Scope of the Web Application:

The Web Application enables you to customize the KASTA Interfaces, i.e., create color combinations of the KASTA user interface panels, add and/or customize engraving details (both text and icons) to the panel in accordance with the options made available by the Web Application (“Customization”). The Web Application will provide an impression of how the final product will look like. Please note that the final product may look different than as it appears in the Web Application. After creating the customizations e.g., a color configuration and adding engraving/labeling details, you can export a PDF with all required details for ordering. In this PDF the KASTA ordering code for this specific customization. You will have to check the customizations, i.e., the engraving details and color configuration on this PDF and send it as an attachment of an order to KASTA. The terms and conditions of sales is subject to a separate agreement and sale of the KASTA Hesperus Touch User Interface panel does not take place via this Web Application.

KASTA in its sole discretion may decide to not include the content provided by you for Customization if such content is illegal, obscene, offensive, discriminatory, infringes a party’s intellectual property or other rights or if KASTA considers such content inappropriate.

Privacy:

Privacy of our end users is important to us, please read the privacy notice provided separately to you in this Web Application carefully.

Third Party Services and Open-Source Software:

When you use the Web Application you may (as a result of, or through your use of the Web Application) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the Web Application contains third party software component or an open-source software component, then the use of such software or component shall be subject to the terms of use of such third-party software or component or such open-source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the Web Application in any manner that would subject the Web Application to Open-Source Terms. "Open-Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.

Amendments:

These Terms of Use may be amended by KASTA at any time. By continuing to access or use the Web Application after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.

License grant:

KASTA Technologies grants you a non-exclusive, non-transferable, revocable, and limited license solely to access the Web Application, to download and use the Web Application’s software and service within the Scope, and to access the content made available by the Web Application (“Content”) according to these Terms of Use. The PDF generated as a result of this Web Application can solely be used for the purposes of ordering KASTA User Interfaces.

Any other use of the PDF is not permitted. Except as stated in the below paragraph, all rights (including intellectual property rights), title and interest in the customization remains property of KASTA and you shall not acquire any rights.

Restrictions:

You agree to (a) not use the Web Application in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the Web Application only as intended by KASTA; (c) not use the Web Application in any manner that could harm KASTA, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the Web Application or modify or adapt the Web Application or merge the Web Application into another program or create derivative works based upon the Web Application ; (e) not perform an action with the intent of introducing to the Web Application viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the Web Application or other end users’ devices; (f) not to circumvent or attempt to tamper with the security settings of Web Application ; (g) not to reverse engineer, decompile, or disassemble the Web Application , except to the extent that applicable law expressly prohibits the foregoing restriction: (h) comply with any other reasonable requirements or restrictions requested or imposed by KASTA; (i) not publish and/or post any abusive, obscene, or inappropriate content on the Web Application; and (j) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the Web Application.

Upgrades, updates:

KASTA may, at its sole option, make upgrades or updates to the Web Application for seamless service, and may do so remotely without notifying you. Updates, upgrades, or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern such upgrades and changes. If you do not want such updates or upgrades, your sole remedy is to cease using the Web Application altogether. Your continued use of the Web Application implies deemed acceptance of such updates and upgrades by you.

Support:

For any questions and support with regards to the Web Application, please contact your local KASTA organization which can be found at

www.kasta.com.au/contact

Confidentiality:

This Web Application, including any information and materials or content on or in the Web Application (“Information”) are all confidential information of KASTA. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any party other than KASTA and/or its Affiliates without KASTA’s prior written approval. You shall not use the information for any purpose and/or use other than as herewith licensed by KASTA to you under these Terms of Use.

Disclaimer of Warranties:

THE WEB APPLICATION, THE CONTENT AND USER GENERATED CONTENT (INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. SIGNIFY AND ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE WEB APPLICATION, THE CONTENT OR USER GENERATED CONTENT. NEITHER KASTA NOR ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE WEB APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB APPLICATION (INCLUDING ANY INFORMATION AND MATERIALS, TOOLS OR CONTENT ON OR IN THE WEB APPLICATION) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL KASTA, OR ITS AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO THE WEB APPLICATION OR CONTENT, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION; LOSS OF CONTENT PROVIDED BY YOU) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE WEB APPLICATION WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Your warranty and Indemnity:

You warrant that you are legally entitled to provide us the content required for Customization which includes without limitation text/pictograms/logs, etc. and the content will not infringe any intellectual property or other rights of a third party. You warrant that the content submitted by you will not violate any applicable laws and/or these Terms of Use, will not be illegal, obscene, discriminatory, or inappropriate. You agree to indemnify and hold harmless KASTA, its affiliates, licensors, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damage, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the Web Application or any violation of these Terms of Use by you or a third party or person acting on your behalf.

Ownership: Copyrights and all other intellectual property rights in the Web Application and the Content provided by KASTA, the compilation of data on the Web Application, and the order, sequence, and arrangement of this Web Application, are solely owned by KASTA Technologies PTY LTD. All rights are reserved. You may not use the Content and the Web Application other than expressly permitted in these Terms of Use. KASTA and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the Web Application, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any KASTA intellectual property.

Usage Data:

You acknowledge and agree that KASTA may collect information and data generated from your use of the Web Application (“Usage Data”). KASTA shall ensure that the use of Usage Data will exclude any personal data. KASTA is entitled to use the Usage Data, free of charge, at any time during the term of these Terms of Use and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to aggregate or compile Usage Data with other data, create IPR or derivative works of or modify or adapt Usage Data to provide, maintain and improve products and services, and to develop new products or features or services.

Access to Local Storage:

KASTA Design Web Application requires the access to local storage through a web browser to save KASTA Interface Designs.