Sportzware Central is the most advanced total competition management software package available. It is a PC-based application which means you don't need an internet connection to operate, and is able to upload competition information to a website at the click on a button. 
See the Sportzware Central menu on the left for downloads and other information.
The program has been modelled on the business processes of industry leading sporting bodies spanning over 25 sports. Sportzware Central will help you administer the following processes:
Click here for further information on Career Statistics
SPORTZWARE CENTRAL SOFTWARE LICENCE
These are the terms on which SportingPulse (ANZ) Pty Ltd, ABN 12 092 147 423, of Level 1, 395 Canterbury Road, Vermont, Victoria, Australia licences you (“you” or “your”) if you are located in Australia or New Zealand (or on which SportingPulse International Pty Ltd, ABN 32 128 094 119, of Level 1, 395 Canterbury Road, Vermont, Victoria, Australia licences you if you are located outside of Australia or New Zealand) to use the Sportzware Central PC based competition management software and associated printed materials and “online” or electronic instructional documents (together “Software”).
You acknowledge that if you are located in Australia or New Zealand you are being licensed by SportingPulse (ANZ) Pty Ltd, and if you are located outside Australia or New Zealand you are being licensed by SportingPulse International Pty Ltd. to use the Software.
You further acknowledge that, for ease of reference, both the above companies are referred to in this licence as “SportingPulse”.
By installing and using the Software you agree to the following terms and conditions. Please carefully read the licence agreement prior to accepting.
If you are installing the Software on a computer that is not owned by you or you are installing the Software on behalf of an association, club or team, you are bound to the terms of this Agreement both in your individual capacity and as an agent of the owner of the computer and the association, club or team, and your actions will bind the owner of the computer and the association, club or team. You represent and warrant to SportingPulse that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software is being installed upon and on behalf of the relevant association, club or team.
You must press the “I accept the agreement” button during the Software registration and installation process (“Registration Process”) to indicate your acceptance to the terms of this Agreement. IF YOU DO NOT AGREE, YOU MAY NOT USE OR INSTALL THE SOFTWARE.
1 TERM
1.1 Demo Version
(a) If the Software is a demonstration or trial version (an "Evaluation Version"), the licence granted under this Agreement commences upon the installation of the Software and is effective for the period of time specified during the Registration Process.
(b) Evaluation Version Software may include software code intended to disable its functionality after the expiration of the trial period. You may not take any actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code.
1.2 Full licence Software
If the Software was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software to a “Full Licence Version” by authorised use of the conversion mechanism provided with the Software, the licences granted under this Agreement commence upon completion of the Registration Process and are effective unless terminated in accordance with the terms of this Agreement.
2 PRECEDENCE
If there is any conflict, apparent conflict or ambiguity in or between this Agreement and an earlier agreement between you and your governing body relating to the subject matter of this agreement, the documents will be applied in decreasing order of precedence as follows:
(a) the agreement between you and your governing body; then
(b) this Agreement (including its schedules and annexures).
3 GRANT OF SOFTWARE LICENCE TO YOU
(a) In consideration of you granting SportingPulse certain commercialisation rights under clause 5, SportingPulse grants to you a non-exclusive, non-transferable revocable licence to use the Software (in executable code) as modified or updated from time to time by any patches or maintenance releases for the term for the internal information management and internal data processing purposes of your sports competition, subject to the terms and conditions of this Agreement.
(b) You are entitled to install and use the Software only on the number of personal computers specified during the Registration Process.
(c) It may not be possible to operate the Software without a licence key which will be provided during the Registration Process.
(d) You must not, except to the extent permitted by any law that cannot be excluded by the parties or for operational, backup or security purposes, copy, modify, disassemble, decompile or reverse engineer the Software nor merge it with any other software nor directly or indirectly permit any third party to do any of those things.
(e) You must not rent the Software or offer use of it to others through a service bureau or application service provider.
4 DATA QUALITY, DATA OWNERSHIP AND RESTRICTED FUNCTIONALITY
(a) Use of the Software will generally require you to enter data for processing by the Software and you acknowledge that the quality of the Software output is dependent on the data input.
(b) Subject to clause 5(a)(iv), SportingPulse does not assert any rights of ownership in the data but asserts full rights in the format in which it is stored.
(c) You acknowledge and agree that some of the Software functionality is dependent on your members becoming members of the SportingPulse mySport portal/web page (“mySport”) or any other portal/web page that SportingPulse produces for your governing body.
5 GRANT OF COMMERCIALISATION RIGHTS TO SPORTINGPULSE
(a) In consideration of SportingPulse granting you a licence to use the Software under clause 2, you:
(i) agree to upload the data entered into the Software each time results are entered into the Software;
(ii) agree to use your best endeavours to encourage your individual members, if any, to join mySport and any other portal/web page that SportingPulse produces for your governing body.
(iii) grant to SportingPulse the right to communicate commercial messages from its sponsors to your members using the Software (the “SportingPulse Sponsorship Messages”); and
(iv) grant to SportingPulse a perpetual, irrevocable, royalty-free right to use all association, club or team fixtures, match results and match statistics (“Useable Data”) for the purposes of publication on SportingPulse web pages, mySport or any other portal/web page that SportingPulse produces for your governing body and for SportingPulse’s own commercial purposes. SportingPulse may permit third parties to use the Useable Data.
(b) SportingPulse will use its best endeavours to manage any potential conflict between a sponsor of the SportingPulse Sponsorship Messages and any existing major sponsor of you. If you have a conflicting sponsor, immediately contact SportingPulse.
6 SUPPORT SERVICES
(a) SportingPulse will provide you with support and maintenance services in relation to the Software (the “Support Services”) in accordance with the SportingPulse Web Support Policy which is published by SportingPulse on its website from time to time. The Support Services will comprise of:
(i) telephone and email advice 24 hours a day, 7 days a week (a SportingPulse technical consultant will be on call outside normal business hours); and
(ii) access to any upgrade, update, patch or enhancement which is made generally available by SportingPulse to licensees of the Software.
(b) SportingPulse will correct any major defects in the Software within a reasonable time period.
(c) The Support Services do not include:
(i) advice or correction of defects which have been caused by: failure to operate the Software in accordance with its user documentation; a third party; modification to or alteration of the Software (except as authorised in writing by SportingPulse); any unauthorised use of the Software; failure to use the Software in a suitable operating environment; any hardware malfunctions or failure to comply with the terms of this Agreement;
(ii) hardware maintenance services or investigation or corrections of errors in software other than the Software; or
(iii) support of Software which is not one of the two most recent versions of the Software.
(d) To assist SportingPulse to carry out its obligations under this Agreement, you agree to receive the SportingPulse newsletter “On the Pulse”.
7 INTELLECTUAL PROPERTY RIGHTS
(a) For the purposes of this Agreement, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights in all parts of the world.
(b) You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Software or any associated documentation. As between the parties all Intellectual Property Rights in the Software vest in SportingPulse.
8 INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
(a) If you become aware of any infringements or suspected infringements by any third party of any Intellectual Property Rights in the Software, you must immediately notify SportingPulse and must at the request and expense of SportingPulse take such action as SportingPulse may reasonably deem appropriate to protect its Intellectual Property Rights.
(b) If you become aware of any actual or potential claim which may be made against SportingPulse or you alleging that the Software infringes any third party’s Intellectual Property Rights, you must immediately notify SportingPulse of that claim.
(c) Subject to clauses 8(d), 8(e) and 8(f), SportingPulse will indemnify you against liability arising out of any proceedings brought by a third party against you which determines that your use of the Software constitutes an infringement of any Intellectual Property Rights in Australia.
(d) In the event that proceedings are brought or threatened by a third party against you alleging that your use of the Software constitutes an infringement of Intellectual Property Rights in Australia, SportingPulse or its nominee may at its option and at its own expense conduct the defence of such proceedings. You must provide all necessary co-operation, information and assistance to SportingPulse in the conduct of the defence and/or settlement of such proceedings.
(e) SportingPulse will not be required to indemnify you under clause 8(c) unless you:
(i) comply with clause 8(d); and
(ii) permit SportingPulse, at SportingPulse’s option and expense, to modify, alter or substitute the infringing part of the Software in order to avoid continuing infringement, or to procure for you the authority to continue to use and possess the infringing Software.
(f) SportingPulse will not indemnify you to the extent that an infringement, suspected infringement or alleged infringement arises from:
(i) any use of the Software in breach of this Agreement or in a manner or for a purpose not reasonably contemplated or not authorised by SportingPulse; or
(ii) modification or alteration of the Software without the prior written consent of SportingPulse.
(g) You will indemnify SportingPulse against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging infringement if the claim arises from an event specified in clause 8(f), or if you have failed to comply with any requirement of clauses 8(d) or 8(e).
9 CONFIDENTIALITY
(a) You acknowledge that the ideas and expressions contained in the Software and any modifications or particulars of them that may be provided to you by SportingPulse are confidential (except to the extent that they have entered the public domain other than through a breach of this Agreement by you). You undertake not to disclose such confidential information to any person other than your agents and employees and then only to enable the Software to be used in accordance with and for the purposes of this Agreement. You undertake to ensure that such persons maintain that confidentiality.
(b) You undertake not to remove delete or obscure any copyright notices or confidentiality notices on or in the Software.
10 WARRANTY
(a) The Software has not been written to meet the individual requirements of you and is supplied on an “as is” basis. A failure of any part or the whole of the Software to be suitable for your requirements will not give rise to any right or claim against SportingPulse.
(b) The sole warranty given by SportingPulse in connection with the Software is that the Software will perform substantially in accordance with the accompanying user documentation for a period of 90 days from the installation of the Software.
(c) Your sole remedy for any breach of the warranty contained in clause 10(b) is that SportingPulse will, at its option correct the identified defect in the Software or replace the Software with software of substantially similar functionality that is determined by SportingPulse. You must provide sufficient information about the defect to enable SportingPulse to reproduce it in SportingPulse’s systems.
11 LIABILITY
(a) SportingPulse accepts no liability to you for any loss, damage, costs, expenses, claims, demands, actions and proceedings arising out of or in connection with this Agreement, whether arising under common law (including negligence) or under statute, including for any direct or indirect lost profit or revenue, exemplary damages, loss of goodwill, deletion or corruption of electronically or digitally stored information or, without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
(b) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974 (Cth) or any other consumer protection legislation that cannot be excluded by mutual agreement (“the Acts”). Where SportingPulse breaches a condition or warranty which has been implied by the Acts, its liability for breach will be limited to (where permissible by the Acts):
(i) in the case of the supply of goods:
(A) replacement or repair of the goods;
(B) supply of equivalent goods; or
(C) payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(ii) in the case of the provision of services:
(A) the supply of the services again; or
(B) payment of the cost of having the services supplied again;
whichever SportingPulse sees fit to provide.
12 TERMINATION
(a) SportingPulse may terminate this Agreement immediately by notice to you if:
(i) you breach this Agreement;
(ii) the agreement between SportingPulse and your governing body, if any, terminates;
(iii) the agreement between SportingPulse and your governing body prohibits this Agreement or
(iv) SportingPulse gives you 3 months written notice of its intention to terminate this Agreement.
(b) Upon termination of this Agreement, you must immediately cease to use the Software and you must permanently delete the Software and provide a declaration to SportingPulse confirming that you have complied with this clause 12(b).
(c) The requirements of this clause 12 are without prejudice to any other rights and remedies that SportingPulse may have in respect of any breach.
13 GENERAL
(a) This Agreement constitutes the entire agreement between you and SportingPulse relating to the subject matter of this Agreement and supersedes all prior communications and agreements between you and SportingPulse as to its subject matter, and each party agrees that unless expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of this Agreement.
(b) If any provision, or any part, of this Agreement is unenforceable or void for any reason, then:
(i) where such provision can be read down as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(ii) in any other case, such provision must be severed from this Agreement in which event the remaining provisions will continue in full force and effect as if the severed provision had not been included.
(c) You must not, without prior written consent of SportingPulse assign, lease, charge, sub-licence or otherwise transfer any of your rights or obligations under this Agreement in whole or in part.
(d) Any notice given pursuant to this Agreement must be served personally or sent by registered mail to the address of the relevant party as last notified to the other party. Such notice will be deemed to have been served upon and received by the addressee when served personally at the time of such service or when posted, 2 days in the case of local mail and 10 days in the case of international mail.
(e) Neither party will be liable to the other for any delay or failure to perform its obligations under this Agreement as a result of a cause beyond its reasonable control (“Force Majeure”). If the Force Majeure continues for a period of more than 60 days, the party not affected by the Force Majeure may terminate this Agreement by written notice to the affected party.
(f) Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights under this Agreement will not be construed as a waiver of such provision or right to subsequently enforce the same.
(g) Clause headings have been included in this Agreement for convenience only and must not be considered part of, or be used in interpreting, this Agreement.
(h) This Agreement is governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Commonwealth of Australia.
