This End User License Agreement ("Agreement") is a legal agreement between you ("User", "you", or "your") and Austen & McKenzie Pty Ltd ("Licensor", "we", "us", or "our") for the use of DORAS, a web-based dropped object risk analysis platform ("Software"). By accessing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the Software.

1. Grant of License

Subject to the terms of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software via the internet for your internal business purposes. This license is personal to you or the organisation that holds the subscription account and may not be sublicensed, assigned, or otherwise transferred without our prior written consent.

2. Scope of Use

The Software is designed for professional use by qualified engineers and safety professionals in the offshore energy industry. Under this license, you may:

  • Access the Software through your registered user account
  • Create, run, and manage dropped object risk analysis studies
  • Export and download your analysis results and reports
  • Use the computational tools and utilities provided within the Software

3. Restrictions

You shall not:

  • Copy, modify, adapt, translate, or create derivative works based on the Software
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying methodologies of the Software
  • Rent, lease, lend, sell, sublicense, or otherwise transfer your access rights to any third party
  • Remove, alter, or obscure any proprietary notices, labels, or markings on the Software
  • Use the Software to build a competing product or service
  • Use automated scripts, bots, or scrapers to access the Software or extract data from it
  • Circumvent or disable any security or access control features of the Software
  • Share your login credentials or allow multiple individuals to use a single account

4. Intellectual Property

The Software, including all source code, algorithms, computational models, methodologies, user interface designs, documentation, graphics, and trade marks, is and shall remain the exclusive property of Austen & McKenzie Pty Ltd. This Agreement does not convey any ownership interest in the Software to you. All rights not expressly granted herein are reserved by the Licensor.

5. Your Data

You retain full ownership of all data, study configurations, analysis inputs, and results that you create or upload while using the Software ("User Data"). We claim no intellectual property rights over your User Data. You grant us a limited license to host, store, and process your User Data solely for the purpose of providing the Software to you.

You are responsible for maintaining your own backups of User Data. While we take reasonable precautions to protect your data, we are not liable for any loss or corruption of User Data.

6. Confidentiality

We treat all User Data as confidential. We will not access, use, or disclose your data except as necessary to provide, support, maintain, or improve the Software, or as required by law. We will not share your data with third parties for marketing or any purpose unrelated to the operation of the Software.

7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

  • The Software will meet your specific requirements
  • The Software will be available on an uninterrupted, timely, secure, or error-free basis
  • The results obtained from the Software will be accurate, complete, or reliable
  • Any defects or errors in the Software will be corrected

Engineering Judgment Required: The Software implements computational models based on DNV-RP-F107 and related methodologies. All analysis outputs are intended as decision-support tools only. Results must be independently verified by qualified professionals and should not be relied upon as the sole basis for engineering, safety, or operational decisions. The Licensor accepts no responsibility for decisions made based on the Software's outputs.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Austen & McKenzie Pty Ltd OR ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

  • Your use of, or inability to use, the Software
  • Any errors, inaccuracies, or omissions in the Software's outputs or calculations
  • Unauthorised access to or alteration of your data or transmissions
  • Any third-party conduct or content related to the Software
  • Any engineering, safety, or operational decisions made using the Software's results

In no event shall our total aggregate liability exceed the amount you have paid to us for use of the Software in the twelve (12) months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Austen & McKenzie Pty Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Software, your violation of this Agreement, or your violation of any rights of a third party.

10. Term and Termination

This Agreement is effective from the date you first access the Software and continues until terminated. Either party may terminate this Agreement at any time.

Termination by You

You may stop using the Software at any time. To formally terminate your account, contact us at support@dropulyzer.com.

Termination by Us

We may suspend or terminate your access immediately, without prior notice, if you breach any term of this Agreement, engage in conduct harmful to other users or the Software, or for any other reason at our sole discretion.

Effect of Termination

Upon termination, your license to use the Software ceases immediately. We may, at our discretion, provide a reasonable period for you to export your User Data. Sections 4, 7, 8, 9, and 12 of this Agreement shall survive termination.

11. Updates and Modifications

We may update, modify, or discontinue any part of the Software at any time without prior notice. We may also update this Agreement from time to time. Material changes will be communicated through the Software or by email. Your continued use of the Software after such changes constitutes acceptance of the revised Agreement.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Australia.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

This Agreement, together with our Terms of Service, constitutes the entire agreement between you and Austen & McKenzie Pty Ltd regarding your use of the Software and supersedes all prior agreements, understandings, and communications, whether written or oral.

15. Contact

For questions about this Agreement, please contact:

Austen & McKenzie Pty Ltd