Version 1.0 · Effective: 8 August 2026

Commercial License Agreement

This Commercial License Agreement ("License") is a legal agreement between you (either an individual or a single legal entity, referred to as "Licensee", "you", or "your") and MJCIT ("Licensor", "we", "our", or "us") for the MJC Job Manager software, including all associated documentation, the companion mobile application, and any updates or upgrades provided to you (collectively, the "Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. If you have purchased a license and do not agree to these terms, you may return the Software for a refund within 14 days of purchase.

This Software is proprietary and confidential. Unauthorised copying, distribution, or use is strictly prohibited.

1. Definitions

"Software" means the MJC Job Manager server application and all related components, the MJC Job Manager Companion App (Android application), all associated documentation, configuration files, scripts, and any updates, upgrades, patches, or modifications provided by Licensor.

"Server Instance" means a single running installation of the Software on a single logical server (physical machine, virtual machine, or container host), serving a single business entity or organisation.

"Companion App" means the MJC Job Manager Companion App for Android, distributed as a mobile application package, which connects exclusively to your licensed Server Instance.

"License Fee" means the one-time purchase price paid by Licensee for the right to use the Software under this License.

"Support Subscription" means an optional ongoing subscription for access to software updates, upgrades, and technical support services, billed separately at then-current rates.

2. License Grant

2.1 Server License

Subject to payment of the applicable License Fee and compliance with this License, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable, perpetual license to:

Install and run one (1) Server Instance of the Software on infrastructure owned or leased by Licensee, for Licensee's internal business operations.
Make one (1) reasonable backup copy of the Software for disaster recovery purposes.
Install and use the Companion App on mobile devices used by Licensee's employees and contractors, solely in connection with Licensee's licensed Server Instance.

2.2 Managed Hosting Exception

If Licensee has engaged Licensor to provide managed hosting services under a separate agreement, Licensor may operate the Server Instance on Licensee's behalf. This does not transfer the license — Licensee remains the licensee.

2.3 Multiple Instances

Each Server Instance requires a separate license. Licensee may not run multiple production Server Instances under a single license. Development, testing, and staging instances are permitted without additional licenses provided they are not used for production business operations.

2.4 Perpetual Nature

This license is perpetual. Once a version of the Software is licensed, Licensee may continue using that version indefinitely. Access to future versions, updates, and upgrades requires an active Support Subscription.

3. Restrictions

Licensee shall NOT, and shall not permit any third party to:

Redistribute, resell, sublicense, lease, rent, or loan the Software, in whole or in part, to any third party.
Use the Software to provide a service bureau, managed service, application service provider (ASP), software-as-a-service (SaaS), or any similar commercial service to third parties.
Modify, adapt, translate, or create derivative works of the Software, in whole or in part.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the limited extent expressly permitted by applicable law notwithstanding this restriction.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Software.
Publish, distribute, or make publicly available the Software, its source code, or any component thereof (including posting on public code repositories, package registries, or file-sharing services).
Use the Software in any manner that violates applicable law or third-party rights.
Circumvent any technical restrictions, license keys, or activation mechanisms in the Software.

4. Ownership and Intellectual Property

4.1 Licensor Ownership

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights (copyright, patents, trademarks, trade secrets, and any other proprietary rights). This License does not convey any ownership interest in the Software.

4.2 Third-Party Components

The Software may include open-source and third-party components licensed under their respective terms. Those components remain subject to their original licenses. This License does not restrict your rights under those third-party licenses.

4.3 Feedback

Licensee may provide suggestions, enhancement requests, or other feedback regarding the Software. Licensor may use such feedback without restriction or obligation to Licensee.

4.4 Your Data

Licensor claims no ownership over any business data entered into, stored by, or processed through the Software by Licensee. All such data remains the exclusive property of Licensee.

5. Support and Updates

5.1 No Obligation

This License does not include any obligation for Licensor to provide support, maintenance, updates, or upgrades. Support and updates are provided separately under a Support Subscription or managed hosting agreement.

5.2 Updates Included

If Licensee holds an active Support Subscription, Licensor will make available any generally released updates and upgrades for the Software. Updates provided under a Support Subscription are governed by this License.

5.3 Support Terms

Technical support is provided at the level specified in the Support Subscription or managed hosting agreement.

6. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

Australian Consumer Law: If Licensee is a "consumer" under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), Licensee may have rights and remedies that cannot be excluded, restricted, or modified. Nothing in this License is intended to exclude, restrict, or modify those rights.

7. Limitation of Liability

To the fullest extent permitted by applicable law:

In no event will Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to this License or the use of or inability to use the Software, whether based on contract, tort (including negligence), statute, or any other legal theory, even if advised of the possibility of such damages.
Licensor's total aggregate liability for any claims arising out of or related to this License is limited to the License Fee paid by Licensee for the Software.
Licensee acknowledges that the Software is self-hosted on Licensee's infrastructure and that Licensor has no control over Licensee's environment, security configuration, data backups, or operational practices.

8. Termination

8.1 Breach

This License terminates automatically if Licensee materially breaches any term and fails to cure the breach within 30 days of receiving written notice from Licensor.

8.2 Effect of Termination

Upon termination, Licensee must cease all use of the Software, destroy all copies, and certify such destruction in writing upon Licensor's request. Termination does not entitle Licensee to a refund of the License Fee.

8.3 Survival

Sections 1 (Definitions), 3 (Restrictions), 4 (Ownership), 6 (Warranty Disclaimer), 7 (Limitation of Liability), 8 (Termination), and 9 (General) survive termination of this License.

9. General

9.1 Governing Law

This License is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.

9.2 Entire Agreement

This License, together with any applicable Support Subscription agreement and the Terms of Service, constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements, oral or written.

9.3 Severability

If any provision of this License is held invalid or unenforceable, the remaining provisions remain in full effect.

9.4 No Waiver

Failure to enforce any provision does not waive the right to enforce it later.

9.5 Assignment

Licensee may not assign or transfer this License without Licensor's prior written consent. Licensor may assign this License in connection with a merger, acquisition, or sale of substantially all its assets.

9.6 Export Compliance

Licensee agrees to comply with all applicable export control laws and regulations.

9.7 Notices

All notices to Licensor must be sent to [email protected]. Notices to Licensee will be sent to the email address associated with the license purchase.

9.8 Amendments

This License may only be amended by a written instrument signed by both parties. Licensor may update this License for future versions of the Software; the version in effect at the time of your purchase governs your use of that version.

MJCIT
ABN 96 716 605 609
[email protected]
https://www.mjcjobmanager.com