FAID Quantum Evaluation User Licence Agreement

It is a requirement that you agree with the licence below to install and use FAID Quantum.

1. Intended Purpose

1.1 FAID Quantum is a product which has been developed to assist in the assessment of fatigue associated with hours of work and rest.

1.2 The FAID Standard Bio-mathematical Model (BMM) is based on formulae developed by the Centre For Sleep Research at the University of South Australia and published in international peer review journals.

1.3 The estimation of work related fatigue is based on statistical modelling the amount of sleep likely to be obtained by employees based on the time of day and duration of work and non-work periods over a 7 day period. Fatigue is inferred from the amount of sleep obtained.

1.4 The FAID Quantum BMM sleep prediction is based upon formulae developed by Dr David Darwent in conjunction with Professor Drew Dawson and Dr Greg Roach of the Appleton Institute, Central Queensland University. These algorithms are the best sleep-wake predictors that have yet been published (at the time of writing) in international peer-reviewed literature (Darwent, Dawson & Roach, 2012).

1.5 The FAID Quantum BMM is able to determine a Karolinska Sleepiness Scale (KSS) score from predicted sleep periods utilising an implementation of the Three Process Model of Alertness (Akerstedt & Folkard, 1995). The implementation in FAID Quantum BMM does not include the sleep inertia component of that model.

2. Fatigue Risk Management

2.1 It is strongly recommended that this software be used in conjunction with a fatigue risk management policy.

2.2 Individuals and organisations must make their own assessment of the maximum levels of fatigue that should be allowed for various types of tasks.

2.3 Individual responsibility for amount of sleep obtained should always over-ride FAID Quantum estimates.

3. Grant of License

3.1 Pursuant to agreement to the following terms of use, InterDynamics Pty Ltd hereby grants you a non-exclusive and non transferable license to use the FAID Quantum software FOR EVALUATION PURPOSES ONLY.

3.2 You may NOT distribute, exchange, modify, sell or transmit FAID Quantum, including but not limited to any text, images, audio and video, for ANY purpose, whether business, commercial, personal, public or otherwise.

3.3 Copies of FAID Quantum are to be obtained only from https://www.interdynamics.com, the web address maintained by InterDynamics Pty Ltd for the purpose of distributing FAID Quantum.

4. Terms of Use

You agree to use FAID Quantum for its intended purpose only. You agree not to decompile, reverse engineer or disassemble FAID Quantum. You agree not to modify, rent, lease, loan, sublicense, distribute, transmit, share (physically or over an electronic network) or provide internet access to functionality of FAID Quantum except where permission is otherwise explicitly granted in your purchase contract. You agree to undertake to prevent FAID Quantum from unauthorised disclosure or use.

5. Security

You shall ensure that FAID Quantum is protected at all times from access, misuse, damage or destruction by any person not authorised by InterDynamics Pty Ltd.

6. Copies

6.1 Subject to the following sub-clauses of this clause, you shall not copy FAID Quantum, in whole or in part.

6.2 You may make such number of copies of FAID Quantum as is necessary to serve its internal needs for system’s back-up and security. All copies of FAID Quantum and the media in which the copies are contained shall be and remain the property of InterDynamics Pty Ltd.

6.3 You shall mark all copies of FAID Quantum and the media in which the copies are contained with a notice of –

(a) InterDynamics’ ownership of FAID Quantum and the media;
(b) The confidentiality of FAID Quantum; and
(c) such other information as InterDynamics Pty Ltd requires.

6.4 You shall maintain records of all copies of FAID Quantum made by you and the place at which those copies are situated. Such records shall be furnished to InterDynamics Pty Ltd upon reasonable notice.

6.5 You shall notify InterDynamics Pty Ltd immediately on becoming aware of any unauthorised use or copying of the whole or any part of FAID Quantum  or of any manual of specifications.

6.6 If this agreement is terminated , you shall deliver up to InterDynamics Pty Ltd FAID Quantum  (including all copies, authorised or otherwise), the media and any manual of specifications, whether in their original form or as modified by you.

7. Modifications

7.1 You shall not modify the whole or any part of FAID Quantum  or combine or incorporate the whole or any part of FAID Quantum  in any other program or system without the prior consent in writing of InterDynamics Pty Ltd.

7.2 If FAID Quantum  is modified in accordance with the preceding sub clause, the modifications shall, unless InterDynamics Pty Ltd directs otherwise, be made in accordance with a written proposal submitted by you to InterDynamics Pty Ltd.

7.3 You shall fully indemnify and hold harmless InterDynamics Pty Ltd against any liability incurred if any modifications of FAID Quantum  infringe the intellectual property rights of a third person.

7.4 FAID Quantum  as modified remains the property of InterDynamics Pty Ltd.

7.5 This agreement shall continue to apply to FAID Quantum  as modified.

8. Title and Rights

Title, ownership, rights and intellectual property rights, including any patent rights, in and to FAID Quantum  shall remain in InterDynamics Pty Ltd and/or its licensors or suppliers. FAID Quantum  is protected by Australian and International copyright law.

9. Termination

License to use FAID Quantum  is not transferable and shall terminate automatically if the conditions and obligations made in this agreement are not maintained.

10. Limitation of Liability

10.1 You understand and agree that the projections made by FAID Quantum  are based on statistical averages which may or may not be relevant to individual instances in which FAID Quantum  is applied.

10.2 You understand and agree that InterDynamics Pty Ltd cannot be responsible for how FAID Quantum  is activated, the accuracy and integrity of the inputs to FAID Quantum , the integrity of the hardware and software environment within which FAID Quantum  executes and how outputs from FAID Quantum  are collected, processed and subsequently interpreted and acted upon.

10.3 You agree to indemnify and defend InterDynamics Pty Ltd and its associates against any liability (including losses, damages, fines and expenses) arising as a direct or indirect consequence of use (or misuse) of FAID Quantum  or derivative products thereof.

10.4 Except as set out in clause 10.6, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the services or this agreement are expressly excluded.

10.5 Except as set out in clause 10.6, InterDynamics Pty Ltd’s liability to you for any breach of this agreement, or in connection with this agreement, shall be limited to repayment of the amounts which have been paid by you to InterDynamics Pty Ltd. InterDynamics Pty Ltd shall not be under any further liability to you in respect of any loss or damage (including consequential loss or damage) however caused (whether by InterDynamics Pty Ltd negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of FAID Quantum  or this agreement.

10.6 Where any act of Parliament implies in this agreement any term, condition or warranty, and that act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under, such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement. InterDynamics’ liability for any breach of such term, condition, or warranty shall be limited, however, at InterDynamics’ option, to any one or more of the following:

(a) If the breach relates to goods:

(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repaired;

(b) If the breach relates to services:

(i) The supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.