Terms of Use

These Terms of Use govern access to and use of the ALKANE application and the system49.com.au website (together, the "Service"), provided by SYSTEM 49 PTY LTD (ACN 702 541 142, "SYSTEM 49", "we", "us"). By downloading, installing, or using ALKANE, or by using this website, you agree to these Terms. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.

1. The Service

ALKANE is an engineering calculation suite for hydrocarbon process and pipeline work, performing professional engineering calculations to established methods and published standards. It is not a certified design basis and does not replace the advice of a suitably qualified professional engineer. The Software & Engineering Disclaimerforms part of these Terms.

We may update, modify or withdraw features of the Service from time to time. We do not guarantee that the Service, or any particular feature of it, will be available at all times or continue to be offered.

2. Licence

Subject to these Terms and any applicable subscription terms presented at purchase, SYSTEM 49 grants you a limited, non-exclusive, non-transferable, revocable licence to install and use ALKANE on devices you own or control, for your own internal engineering work.

You may not resell, rent, sublicense, redistribute, modify, decompile, reverse-engineer or create derivative works from the application, or attempt to extract its calculation engines or reference data, except to the extent the law expressly permits despite this restriction.

3. Subscriptions and Payment

Some features of ALKANE require a paid subscription. Subscriptions are purchased through, and billed by, the Apple App Store or Google Play, and are subject to that store's terms of sale.

Unless cancelled, a subscription renews automatically at the end of each billing period at the price then in effect. You can manage or cancel a subscription at any time in your App Store or Google Play account settings; cancellation takes effect at the end of the current billing period. Refunds are handled by the relevant store under its own refund policy, subject to any rights you have under the Australian Consumer Law.

We may change subscription prices. Any change applies from your next renewal and is notified through the relevant store in accordance with its requirements.

4. Your Data

You retain all rights in the data you enter into ALKANE and in the results it produces from that data. ALKANE stores that data on your device; how it is handled is described in the Privacy Policy. You are responsible for backing up any data you wish to keep.

5. Intellectual Property

ALKANE, this website and their content, including software, calculation engines, reference data, text and design, are owned by SYSTEM 49 or its licensors and are protected by applicable intellectual property law. Nothing in these Terms transfers ownership of that intellectual property to you.

ALKANE includes third-party and open-source components, each licensed under its own terms. Those components and their licences are listed in the application's Attributions, Sources & Licences screen.

If you send us suggestions or feedback about the Service, we may use them without restriction or obligation to you.

6. Your Responsibilities

You are responsible for the accuracy of the data you enter into ALKANE, for independently verifying its results before relying on them, and for ensuring that any operational, safety or regulatory decision is reviewed by a qualified engineer, as set out in the Disclaimer. You must use the Service in compliance with all applicable laws.

7. Export Control and Sanctions

You must not use, export or re-export ALKANE in breach of any applicable export control or sanctions law, including Australian sanctions law, or provide access to it to any person or in any country subject to such restrictions.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded.

9. Limitation of Liability

To the maximum extent permitted by law, SYSTEM 49 is not liable for any loss of profit, revenue, production, business opportunity, goodwill or data, any business interruption, or any indirect, incidental, special or consequential loss, arising from or in connection with the Service. This includes loss arising from an engineering, operational or commercial decision made in reliance on a result the Service produced.

To the maximum extent permitted by law, SYSTEM 49's total liability arising from or in connection with the Service is limited to the amount you paid for the Service in the twelve months before the event giving rise to the claim. Where the Australian Consumer Law applies and liability cannot be excluded but may be limited, our liability is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.

10. Indemnity

To the extent permitted by law, you indemnify SYSTEM 49 against any claim, loss or cost arising from your breach of these Terms or from use of the Service contrary to the Disclaimer, including reliance on a result for a safety-critical design decision.

11. Apple App Store Terms

If you obtained ALKANE from the Apple App Store, these Terms are between you and SYSTEM 49 only, not Apple. SYSTEM 49, not Apple, is solely responsible for the application, its maintenance and support, and any claim relating to it, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims. Apple has no obligation to provide maintenance or support for the application. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application. Your use of the application must also comply with the App Store's usage rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Suspension and Termination

We may suspend or terminate your access to the Service if you breach these Terms. You may stop using the Service at any time. On termination, your licence ends and you must stop using ALKANE. Sections 4, 5 and 8 to 14 continue to apply after termination.

13. Governing Law

These Terms are governed by the law of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

14. General

These Terms, together with the Disclaimer, the Privacy Policy and any subscription terms presented at purchase, are the entire agreement between you and SYSTEM 49 about the Service. If any provision is found unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms without our consent; we may assign ours to a successor to our business.

15. Changes to These Terms

We may update these Terms from time to time. The current version is always published on this page. Continued use of the Service after an update takes effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms can be sent through the Contact page.