Introduction > Allergen Indemnity Notice

RELEASE AND INDEMNITY ACKNOWLEDGMENT AND AGREEMENT

Background

A.You, the end-user and RESORT SOFTWARE PTY LTD, have previously entered into a limited-use
Software License Agreement (“the Agreement”)

B.As a result of upgrades to the software created by RESORT SOFTWARE PTY LTD,
RESORT SOFTWARE PTY LTD require further acknowledgements, releases and indemnities from
you in terms of this Agreement, before upgrading specific functionalities as to the software.

C.This Release and Indemnity Acknowledgement and Agreement records the agreement between you
and RESORT SOFTWARE PTY LTD in respect of those releases and indemnities.

Operative Provisions

1. This release of the software provided by RESORT SOFTWARE PTY LTD contains a particular
function as to allergen data, input, retention, tracking and export functionality.

You acknowledge and agree that you are solely responsible for the inputting of allergen data
including the identification of allergens in ingredients at the initial input stage and the reviewing of
recipes and other menu plans to ensure that allergen tracking is correct, accurate and complete in
every respect.

3.	The software functionality will only have the desired outcomes if it is used correctly by you, the end- user at the initial allergen identification and input stage.

You acknowledge and agree to indemnify RESORT SOFTWARE PTY LTD and forever release
RESORT SOFTWARE PTY LTD from any liability howsoever arising due to your use of the allergen
tracking and reporting functionalities of the software. The release and indemnity hereby given, is
given by you to RESORT SOFTWARE PTY LTD to the maximum extent permitted by law to forever
protect RESORT SOFTWARE PTY LTD from any loss, claim, damage, suit, fee, judgment, costs or
expense, howsoever arising and whensoever arising from any or all third parties or from you
personally.

RESORT SOFTWARE PTY LTD does not represent, guarantee or otherwise provide warranty as to
the accuracy of reports and menus generated by the software with respect to the tracking of allergen
data. You, therefore, acknowledge and agree that it is solely your responsibility to check and review
all reports for allergen flagging.

6.	In consideration for the release and indemnity hereby given by you to RESORT SOFTWARE PTY LTD, RESORT SOFTWARE PTY LTD agrees to enable the allergen tracking and reporting functionality within the software. RESORT SOFTWARE PTY LTD reserves the right to disable this functionality at any time.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT
BY CONTINUING INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE,
OR BY COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT
FOR WRITTEN SEPARATE AGREEMENTS BETWEEN RESORT SOFTWARE AND YOU AND EXCEPT
FOR THE LIMITED USE SOFTWARE LICENCE AGREEMENT PREVIOUSLY ENTERED INTO, THIS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS
OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN RESORT SOFTWARE AND
YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.