TERM	12 months from Start Date.
TRAINED SOFTWARE USER	The Licensee is a Trained Software User
LICENSEE TYPE	The Licensee is a:-
FEES	There is a Fee of $450 payable by the Licensee to BlueScope. The Fee is subject to change by BlueScope from time to time upon 90 days notice to the Licensee. The Licensee must pay the Fee directly into the bank account advised by BlueScope or its nominated subsidiary via telegraphic transfer.

1.1    BlueScope is a manufacturer and supplier of a range of steel building products.  BlueScope also supplies steel framing software for use in the manufacturing of ENDUROFRAME® residential building frames.

1.2    The Licensee wishes to licence the Software supplied by BlueScope.

1.3    The purpose of this Agreement is to set out the terms and conditions on which BlueScope will licence the Software to the Licensee.

2.1       Grant of Licence

(a)        BlueScope grants to the Licensee a non-exclusive, non-transferable and non-sub-licensable licence to use the Software and Documentation. 

(b)        The licence granted to the Licensee under this Agreement is personal to the Licensee and cannot be transferred or sub-licensed to a third party. 

(c)        The Licensee must only use the Software in accordance with the Documentation and any other operating procedures notified to the Licensee by BlueScope in writing from time to time.

2.2       Permitted Use of Software

(a)        The Licensee must install the Software in accordance with BlueScope’s installation guide and any other written requirements of BlueScope.

(b)        The Licensee must not, and must not permit others to, copy, reproduce, adapt, merge with other software, modify, decompile, reverse-engineer, disassemble or translate the Software or the Documentation, or use the Software or Documentation to create software, systems or designs that perform similar functions to those of the Software or Documentation.

(c)        The Licensee must only use the Documentation in connection with its operation of the Software.

(d)        The Licensee is responsible for and must procure compliance by all users of the Software with the terms of this Agreement.

2.3       Registration of Software Users

(a)        The Licensee must inform its employees using the Software and the Documentation (including the Associated Documentation) under this Agreement of the restrictions contained in this Agreement.

(b)        The Licensee must register with BlueScope all of the Licensee’s personnel who may use the Software (Registered Users). 

(c)        Only Registered Users shall be permitted to use the Software at any time.

(d)        Registered Users shall be required to undergo training as directed by BlueScope from time to time.

2.4       Reservation of Rights

(a)        The Licensee acknowledges that:

(i)      it has no rights or interests in the Software or the Documentation or in any modifications to, or enhancements, updates or new releases of, the Software or the Documentation, other than those expressly granted to it by this Agreement; and

(ii)     without limitation, the Licensee must not use the Software as part of a network, or to provide services to another person, and must not sub-licence, and must not resell or otherwise distribute the Software or the Documentation.

Risk of loss of, or damage to, the Media passes to the Licensee on its delivery to the Licensee or to the Licensee's nominee.

4.1       Copying

(a)        Subject to clause 4.1(b), the Licensee shall not copy or reproduce the Software or Documentation by any means or in any form without BlueScope's prior written consent.

(b)        The Licensee may make one and only one copy of the Software for the purpose of backup and security.  The Licensee shall acknowledge such copy as the property of BlueScope.  The terms of this Agreement, with the necessary modifications, apply to the said copy.  The Licensee shall be permitted to make copies of the Documentation for the purposes of using the Software pursuant to the terms of this Agreement. 

(c)        The Licensee shall ensure the copy of the Software bears notice of BlueScope's ownership of copyright and a notice stipulating the Software contains information confidential to BlueScope.

4.2       Modifications

(a)        The Licensee shall not modify or alter the Software or merge all or any part of the Software with any other software without BlueScope's prior written permission.

(b)        If the Software is modified or altered by BlueScope, or by the Licensee with the permission of BlueScope pursuant to clause 4.2(a):

(i)      the costs associated with the modifications or alterations or the costs arising out of the investigation of the effects of such proposed modifications or alterations will be borne solely by the Licensee; and

(ii)     the Licensee will fully indemnify BlueScope against all liability which may be incurred by BlueScope if such modifications or alterations infringe any Intellectual Property Rights of a third person or otherwise cause BlueScope to suffer loss, damages or expense.

(c)        The Software as modified or altered remains the property of BlueScope in all respects, whether modified by the Licensee, BlueScope or a third party and whether or not such modifications are authorised pursuant to this Agreement.  Specifically the Licensee vests in BlueScope all Intellectual Property Rights and industrial property rights arising out of any modifications to the Software. 

(d)        This Agreement shall apply to the Software as modified or altered.

4.3       New Releases

(a)        The Licensee must install new versions of the Software supplied by BlueScope from time to time.

(b)        Where such compulsory replacement is made:

(i)      BlueScope will deliver the new versions of the Software at no additional charge to the Licensee;

(i)      this Agreement will continue to apply in all respects to the new release which will be deemed to be the Software for the purpose of this Agreement; and

(ii)     the Licensee will deal with all copies of the original software and associated documentation in accordance with BlueScope's directions.

4.4       Security

(a)        The Licensee will be solely responsible for the use, supervision, management and control of the Software and Documentation.

(b)        The Licensee shall ensure that the Software is protected at all times from access, use or misuse, damage or destruction by any person not authorised by BlueScope for that purpose.

(c)        The Licensee shall keep records of copying and disclosure of the Software in a form approved by BlueScope.  The Licensee shall permit BlueScope to inspect such records at any time during the Licensee's normal business hours.  If BlueScope requests, the Licensee shall furnish to BlueScope a copy of all or any part of such records. 

5.1    Title

(a)        The Licensee agrees and acknowledges that as between it and BlueScope any Intellectual Property Rights in the Software and Documentation and the BlueScope Trade Marks remain at all times with BlueScope and its licensors (BlueScope IP).  The Licensee further agrees that the goodwill and reputation associated with the BlueScope IP is and shall remain the property of BlueScope.

(b)        The parties agree that to the extent that either party creates any Intellectual Property Rights or any Intellectual Property Rights otherwise arise directly or indirectly out of a party's supply or use of the Software and Documentation under or in connection with this Agreement, such Intellectual Property Rights will vest in BlueScope immediately on their creation.  To the extent necessary, each party will do all additional things to assign such Intellectual Property Rights to BlueScope including executing any necessary documentation.

5.2    Licensee obligations

The Licensee must:

(a)        not make any use of the BlueScope IP other than as permitted under this Agreement;

(b)        where practicable, indicate prominently in written form that the Intellectual Property Rights in BlueScope IP are owned by BlueScope and that the Licensee is a user of those Intellectual Property Rights;

(c)        provide BlueScope (at BlueScope’s expense, unless due to Licensee’s breach of this Agreement, in which case at Licensee’s expense) with reasonable assistance in identifying, prosecuting and defending claims with respect to the BlueScope IP;

(d)        not use the BlueScope IP in a manner which, in the reasonable opinion of BlueScope, may damage or be likely to damage the goodwill attaching to those Intellectual Property Rights or do anything to diminish the value of those Intellectual Property Rights, or omit to do anything reasonably requested by BlueScope for the purposes of preventing or limiting any diminution in the value of the BlueScope IP;

(e)        not use the BlueScope IP in any way which would lead the BlueScope Trade Marks to become generic, lose distinctiveness or become liable to mislead the public or in any way which would be materially detrimental to or inconsistent with the name, reputation and/or image of BlueScope;

(f)         not, without limitation to sub-clause (g), use any trade mark or product reference which is substantially identical or deceptively similar to the BlueScope IP;

(g)        not register or attempt to register any trade mark, domain name, business name, design, emblem, logo or slogan that is substantially identical or deceptively similar to the BlueScope IP;

(h)        not use any of the BlueScope IP as part of its trade name, corporate name or domain name; and

(i)         not make any representations or warranties in relation to the Software, Documentation, the End Products or the Steel which are inconsistent with any representations or warranties in relation to Software, Documentation, the End Products or the Steel made by BlueScope under this Agreement or otherwise from time to time.

5.3    BlueScope Trade Marks

All use of BlueScope Trade Marks by the Licensee must be approved in writing by BlueScope prior to their proposed use.

6.1       Only Designs certified by a Licensee who is a Trained Software User can be manufactured, fabricated and installed.

6.2       In order to certify a Design, the Trained Software User must validate the calculations underlying the Design and sign the “Certification of Design Calculations” in the form included at Attachment 4.  By signing the “Certification of Design Calculations”, the Trained Software User is representing, amongst other things, that:

(a)        the Design Criteria in Table 1 of the Certificate of Design Calculations are correct and:

(i)      for ENDUROTRUSS®, the trusses have been passed as per table 2; and

(ii)     for ENDUROWALL®, the wall framing components in table 2 match the Documentation;

(b)        the assumptions made by the Licensee are reasonable and match the Documentation; and

(c)        the Design is fit for purpose and meets the house plans that have been provided to the Licensee.

6.3       A Licensee that is not a Trained Software User must not represent or warrant that its Designs are fit for, and capable of, manufacture, fabrication and installation and must not directly or indirectly permit the Designs to be manufactured, fabricated or installed, unless and until the Designs have been certified by a Trained Software User.

6.4       A Licensee that is a Trained Software User must hold the insurances set out in clause 11 of this Agreement.

6.5       If during the Term of this Agreement, a Licensee that is a Trained Software User ceases to be a Trained Software User for any reason, the Licensee must immediately cease the certification of Designs.  Any Designs developed by the Licensee after it ceases to be a Trained Software User must not be manufactured, fabricated or installed, unless and until certified by a Trained Software User.

6.6       For the purposes of clauses 6.1 and 6.2, a reference to a Licensee refers to the licensee under this agreement or another licensee  under the same or similar agreement with BlueScope Steel Limited  ABN 16 000 011 058.

7.1       This clause applies to a Licensee who is also a Fabricator.

7.2       Prior to installation of an End Product Designed by the Licensee and certified by a Trained Software User, the Fabricator is required to certify that the fabrication of the End Product complies with the relevant Documentation and sign the “Certification of Design Calculations” in the form included at Attachment 4. 

7.3       The End Product must not be installed until such time as the Fabricator has provided the certification referred in clause 7.2.

7.4       An End Product that is not certified by the Fabricator in accordance with clause 7.2 must not be installed. 

7.5       A Licensee that is a Fabricator must hold the insurances set out in clause 11 of this Agreement.

7.6       For the purposes of clause 7.2,reference to the Licensee refers to the licensee under this agreement or another licensee  under the same or similar agreement with BlueScope Steel Limited  ABN 16 000 011 058.

7A.1    This clause applies to a Licensee who is also a Dealer.

7A.2    Where the Dealer is not a Fabricator in respect of an End Product, the Dealer must enter a formal contract with the End User prior to supply of steel frames and trusses from ENDUROFRAME® components by the Dealer to the End User that provides for the following obligations as between the Dealer and End User:

(a)        The Dealer must when supplying steel frames and trusses from ENDUROFRAME® components to the End User provide a copy of:

(i)      the Assembly Checklist; and

(ii)     any assembly details produced by the Software,

 to the End User.

(b)        The End User must:

(i)      carefully review the Assembly Checklist and any assembly details produced by the Software, prior to assembly or installation of the End Product;

(ii)     ensure that the End Product is not installed until the End Product has been assembled in accordance with the Assembly Checklist and any assembly details produced by the Software;

(iii)    must rectify any frames or trusses that are not within documented tolerances and if rectification is not possible, the frames or trusses must not be used; and

(iv)    ensure fabrication or assembly is done in accordance with the Design.

7A.3        The Dealer must obtain the following insurance prior to supply of the steel frames and trusses from ENDUROFRAME® components to the End User:

(a)        a broad public and products liability policy written on an occurrence basis with a limit of indemnity of not less than $20,000,000 for each occurrence and, with respect to products liability only also in the aggregate for all occurrences during the policy period, which covers the End User’s liability in respect of:

                        i.          loss of, damage to, or loss of use of property; and

                       ii.          the injury (including disease or illness) to, death of or illness of any person,

happening anywhere in Australia and arising out of or in the course of or in connection with fabricating, assembling or installing the End Product.

7A.4        Where the Dealer is not a Trained Software User, then the Dealer must procure a Trained Software User to certify the Design.  The Design is certified when that Trained Software User validates the calculations underlying the Design and signs the “Certification of Design Calculations” in the form included at Attachment 4.

8.1       Mutual Warranties

Each party warrants that:

(a)         it is legally entitled to enter into this Agreement; and

(b)        it will comply with all applicable laws, regulations, codes or standards to which it is bound including without limitation those relating to occupational health and safety in performing its obligations and exercising its rights under this Agreement.

8.2       BlueScope Warranties

(a)        To the extent required by law and subject to clause 8.1(b), BlueScope warrants for the sole benefit of the Licensee that the Software, when properly installed and used in accordance with the Documentation, will substantially conform to the Documentation as it exists as at the installation date.

(b)        Without limiting clause 13.2 (Limitation of Liability), BlueScope is not liable under clause 8.2(a) to the extent that, in BlueScope's opinion, any non-conformance with the Documentation is caused, or contributed to, by:

(i)      the Licensee's improper installation of the Software, or use of the Software contrary to the Documentation, other directions of BlueScope, or this document or any other improper acts or omissions of the Licensee or another person, including any modification or attempted modification of the Software not authorised by BlueScope;

(ii)     any combination of the Software with other software or equipment without first having obtained BlueScope's consent to the combination;

(iii)    any failure or malfunction of any equipment or software not provided by BlueScope;

(iv)    any computer virus, worm or similar disabling code;

(v)     any power surge, whether or not due to the Licensee;

(vi)    a failure by a Licensee, who is not a Trained Software User, to obtain certification of the Designs by a Trained Software User prior to manufacture;

(vii)   any failure by a Licensee to obtain a properly executed Certificate of Design Calculations by a Trained Software User and Fabricator in the form set out in Attachment 4 or in the case of a Licensee who is performing solely in its role as a Dealer, any failure by the Licensee to comply with clauses 7A.2 or 7A.4;

(viii)  the installation of End Products which have not been certified by a Fabricator in accordance with clause 7 of this Agreement or in the case of a Licensee who is performing solely in its role as a Dealer, the End User does not adequately review or strictly comply with the Assembly Checklist; or

(ix)    any Force Majeure Event.

(a)        To the extent permitted by applicable law, the Licensee's sole remedy for BlueScope's breach of clause 8.2(a) is for BlueScope, at BlueScope's expense, to use its commercially reasonable efforts to correct, repair or replace (at BlueScope's election), within a reasonable time, the non-conforming Software.

(b)        If, in BlueScope's reasonable opinion, it is unable to provide the remedy in clause 8.2(c), or it is unable to do so economically, BlueScope may elect to terminate this Agreement.

(c)        If, after investigation, BlueScope reasonably considers that it is not liable to the Licensee under clause 8.2(a), BlueScope may charge the Licensee its reasonable substantiated expenses incurred in relation to that investigation.

(d)        Without limitation, BlueScope does not represent or warrant that use of the Software will be uninterrupted or virus free or error‑free or that the Software will provide any functions or satisfy any requirements not expressly stated in the Documentation or set out in Attachment 2.

(e)        The Licensee warrants that it shall conduct such tests and virus scanning as may be necessary, prior to use of the Software, to ensure the Software does not contain any virus and that the use of the Software will not in any way corrupt the Licensee’s data or systems or those of any person.

8.3       Exclusion of warranties

(a)        Except to the extent set out in this Agreement, BlueScope makes no warranties in relation to the Software, Documentation or the End Products and to the extent permitted by law, excludes all warranties implied by law or statute.

(b)        The Licensee warrants that it has not relied on any representation made by BlueScope which has not been stated expressly in this Agreement or included in documentation supplied under, attached to or referenced in this Agreement (including any updates of such documentation).  Without limiting anything in this clause, the Licensee warrants that it has not relied on any materials, descriptions or illustrations or specifications contained in catalogues, marketing and publicity material or any other material produced by BlueScope and made available to the general public on a general basis. 

8.4       Intellectual Property Rights

(a)         Subject to clause 8.4(b) and (c), BlueScope shall indemnify the Licensee against liability under any final judgement in proceedings brought by a third party against the Licensee in Australia determining that the Licensee's use of the Software constitutes an infringement of an Australian copyright. This indemnity is the Licensee’s sole and exclusive remedy in relation to such a third party claim.

(b)        BlueScope will not indemnify the Licensee as provided in clause 8.4(a) unless the Licensee:

(i)                   notifies BlueScope in writing as soon as practicable of any infringement, suspected infringement or alleged infringement;

(ii)                  gives BlueScope the option to conduct the defence of such a claim (either jointly or solely at BlueScope's discretion), including negotiations for settlement or compromise prior to the institution of legal proceedings;

(iii)      provides BlueScope with all reasonable assistance in conducting the defence of such a claim (including without limitation the provision of documents);

(iv)                 permits BlueScope to modify, alter or substitute the Software, at its own expense, to render the Software non-infringing; and

(v)                  authorises BlueScope to procure for the Licensee the authority to continue the use and possession of the Software.

(c)        BlueScope shall not indemnify the Licensee under clause 8.4(a) if such infringement, suspected infringement or alleged infringement arises from:

(i)      use of the Software other than in accordance with this Agreement;

(ii)     use of the Software with goods or services or software not supplied or specifically approved by BlueScope;

(iii)    modification or alteration of the Software without BlueScope’s prior written consent;

(iv)    any transaction entered into by the Licensee or Customer relating to the Software without BlueScope's prior written consent;

(v)     any other acts or omissions of the Licensee, its Representatives or third party suppliers not approved in writing by BlueScope; or

(vi)    continuing use of the Software by the Licensee instead of a non-infringing item which has been offered or supplied by BlueScope.

(d)        The Licensee shall indemnify BlueScope against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging such infringement if:

(i)                   the claim arises from an event specified in clause 8.4(c);

(ii)                  the ability of BlueScope to defend the claim has been prejudiced by the failure of the Licensee to comply with the provisions in clause 8.4(b); or

(iii)                 information provided to BlueScope by the Licensee to enable BlueScope to develop or customise the Software infringes or otherwise encroaches upon any Intellectual Property Rights of a third party.

9.1       Fees

             Subject to clause 9.2, the Licensee will pay BlueScope the Fees on the Start Date.

9.2       Set off

             BlueScope may set off any amount owed by the Licensee to BlueScope against any amount of money that is owed, or may become owing, by BlueScope to the Licensee under this Agreement or any other agreement. The Licensee waives any right to set off any amount that is, or may become, owing by the Licensee to BlueScope against any amount owing by BlueScope to the Licensee. This clause overrides any other document or agreement to the contrary.

9.3       Non payment

             Where the Licensee is in default of its obligations in relation to payment and fails to remedy that default within 7 days of being directed in writing by BlueScope to do so, then notwithstanding any other rights and remedies available under this Agreement, at law or otherwise, BlueScope will be entitled to:

(a)        charge the Licensee the cost to BlueScope of recovering the overdue amount, such as legal or debt collection costs;

(b)        terminate or suspend, without incurring liability to the Licensee, this Agreement.

10.1     Where one party (“supplying party”) makes a Taxable Supply to another party (“receiving party”) and the consideration for that supply is not expressed to be inclusive of GST, the receiving party must pay an additional amount when it pays or provides that GST exclusive consideration, equal to the value of that GST exclusive consideration (without deduction or set-off), multiplied by the prevailing GST rate.

10.2     The receiving party is not required to pay any amount of GST to the supplying party unless the supplying party has issued a Tax Invoice to the receiving party.

10.3     If the amount of GST recovered by the supplying party from the receiving party differs from the amount of GST payable at law by the supplying party (or an entity grouped with the supplying party for GST purposes) in respect of the supply, the supplying party will adjust the amount payable by the receiving party accordingly.

10.4     If one party (“payer”) is required to indemnify or reimburse another party (“payee”) for any cost, loss or expense incurred by the payee, the required payment does not include any part of such cost, loss or expense that the payee (or an entity grouped with the payee for GST purposes) is entitled to claim as an Input Tax Credit, but will be increased under paragraph (a) if the payment is consideration for a Taxable Supply.

10.5     Subject to clauses 10.1 to 10.4, the Fees do not include any federal, state, local or foreign taxes, duties or levies of any nature (Taxes).  Any Taxes required to be paid by BlueScope as a result of the Software or Documentation supplied under this Agreement (other than Taxes based on BlueScope's income) shall be billed to and paid by the Licensee.

11.1     Where the Licensee is a Trained Software User and/or a Fabricator, the Licensee must take out and maintain:

(a)        for the Term and a period of three years after the Term, a broad public and products liability policy written on an occurrence basis with a limit of indemnity of not less than $20,000,000 for each occurrence and, with respect to products liability only also in the aggregate for all occurrences during the policy period, which covers the Licensee’s liability in respect of:

(i)      loss of, damage to, or loss of use of property; and

(ii)     the injury (including disease or illness) to, death of or illness of any person,

happening anywhere in Australia and arising out of or in the course of or in connection with this Agreement; and

(b)        for the Term and a period of three years after the Term, a professional indemnity policy with a limit of indemnity of not less than $10,000,000 for each occurrence;

(c)        any other insurances reasonably required by BlueScope from time to time.

11.2     The Licensee must, if requested by BlueScope, provide BlueScope with certificates from the Licensee's insurers certifying that the Licensee has the insurance required under clause 11.1 within 10 Business Days of BlueScope’s request.

11.3     If the Licensee does not comply with clause 11.2, BlueScope may, but is not obliged to, effect the relevant insurances and may recover the cost of doing so as a debt from the Licensee or deduct the premiums payable from any amounts payable to the Licensee under this Agreement.

11.4     The Licensee must notify BlueScope immediately upon receiving a notice of cancellation or any other notice in respect of the insurances required to be maintained under this clause 11 from any insurer.

11.5     The Licensee must ensure that the insurances referred to in clause 11.1 extends to insure BlueScope for its vicarious liability for acts or omissions by the Licensee or its employees, agents or contractors and the policy must provide that the insurer waives all rights of subrogation which it may otherwise be entitled against BlueScope to the extent that BlueScope is insured under the policy.

11.6     In respect of any insurance effected which insures multiple insureds, the Licensee must ensure that the policy includes a cross-liability clause, a clause in which the insurer agrees not to impute the acts or omissions of one insured to another insured and, a clause in which the insurer agrees that any non-disclosures or misrepresentations prior to the effecting of the policy by any person will not be imputed to any other insured.

11.7     Subject to the Licensee’s obligations to its insurers, the Licensee must inform BlueScope immediately of it becoming aware of any actual, threatened or likely claims under any of the insurances referred to in this clause 11 which could materially reduce the available limit.

11.8     The provisions of this clause 11 are not to be read so as to reduce the Licensee’s liability under any other provision of this Agreement.

During the Term and for a period of 12 months after the expiry or termination of this Agreement, the Licensee must, on receiving reasonable prior written notice, provide BlueScope (and any person authorised by BlueScope) with access to Licensee’s premises, systems and all relevant records to enable BlueScope to audit the Licensee’s compliance with its obligations under this Agreement. 

13.1     Indemnity

The Licensee indemnifies and will keep indemnified BlueScope and each of its Representatives (for each of whom BlueScope holds the benefit of this indemnity upon trust) against any loss which any such person may incur or be subjected to in respect of or arising from:

(a)        any injury to, or death of a natural person and any loss of or damage to, real or personal property caused or contributed to by the Licensee or a Representative of the Licensee;

(b)        the negligence, unlawful or wrongful act or omission, breach of statutory duty of the Licensee or its Representatives;

(c)         any claim, action, demand or proceeding by a third party against BlueScope or its Representatives caused or contributed to by the Licensee or its Representatives;

(d)        use or misuse of the Software, Documentation or the End Products by the Licensee, or its Representatives or Customers; and

(e)         any breach of this Agreement by the Licensee.

13.2  Limitation of Liability

(a)        Legislation may imply warranties, guarantees or conditions, or impose obligations or liability on BlueScope in respect of this Agreement that cannot be wholly or partly excluded, restricted or modified.  If so, BlueScope's liability is limited, to the extent permitted by the applicable legislation, at its option, to:

(i)      in the case of goods:  the replacement or repair of goods; or the supply of equivalent goods; or the payment of the cost of replacing the goods or having the goods repaired or of acquiring equivalent goods; and

(ii)     in the case of services:  the supply of the services again or the payment of the cost of having the services supplied again.

(b)        To the extent permitted by law and notwithstanding any other provision of this Agreement, BlueScope is not liable to the Licensee under or in connection with this Agreement for any indirect, consequential, incidental, punitive loss or any loss of revenue, profit, data or use however caused, and whether arising under contract, tort (including negligence) or otherwise, even if advised of their possibility.

(c)        Subject to clause 13.2(a), BlueScope's liability under this Agreement (whether in contract, tort (including negligence) or otherwise), will not exceed the Fee.

14.1  Term

This Agreement begins on the Start Date and continues for the Term unless terminated earlier in accordance with the terms of this Agreement.

14.2  Termination

(a)        The Licensee may immediately terminate this Agreement in whole or in part without cause on 90 days’ written notice to BlueScope. 

(b)        BlueScope may terminate this Agreement in whole or in part:

(i)    without cause on 30 days’ notice to Licensee; or

(ii)   immediately if Licensee:

(A)        breaches any provision of this Agreement and where such breach is capable of being remedied fails to remedy the breach within 14 days of receiving a notice detailing the breach and requesting that it be rectified;

(B)        becomes Insolvent;

(C)       undergoes a Change of Control and BlueScope has not consented to such a Change of Control at least 30 days before the Change of Control becomes effective; or

(D)       the Licensee disposes of the Software.

14.3  Notice

If notice is given to the Licensee pursuant to paragraph 14.2, BlueScope may, in addition to terminating this Agreement, repossess any copies of the Software and Documentation in the possession, custody or control of the Licensee.

14.4  Obligations on termination

On termination of this Agreement or expiry of its Term, Licensee must, within 14 days of such termination or expiry:

(a)        immediately on BlueScope's request furnish BlueScope with written notification that the Software, the Documentation and all copies of the Software and the Documentation have been returned to BlueScope or otherwise disposed of at the discretion of BlueScope; and

(b)        return all property and any copies of Confidential Information or Intellectual Property Rights owned by BlueScope in Licensee’s possession or control including all media on which Software is installed, the Software and Documentation;

15.1     Dispute Notice

If a dispute arises between BlueScope and the Licensee in relation to this Agreement, either party may by notice to the other party specifying reasonable details of the dispute ("Dispute Notice"), refer the dispute for resolution in accordance with this clause 15.

15.2   Good Faith Discussions

(a)         If a Dispute Notice is given under clause 15.1, BlueScope and the Licensee must procure that BlueScope Contact Person named in the Agreement Details and the Licensee Contact Person named in the Agreement Details promptly meet and engage in good faith discussions with the bona fide objective of resolving the dispute by agreement.

(b)         If after a period of 10 Business Days (or such other period as may be agreed in writing) from the date on which a Dispute Notice is delivered to a Party, the BlueScope Contact Person and the Licensee Contact Person have not been able to resolve the dispute, either of them may then (but no earlier), by notice, escalate the dispute.

(c)         If either Party escalates the dispute under clause 15.2(b) BlueScope and the Licensee must procure that a delegate of each Party (who is at least one level senior to the Licensee Contact Person and BlueScope Contact Person) meet and engage in good faith discussions with the bona fide objective of resolving the dispute by agreement.

(d)         If after a period of 10 Business Days (or such other period as may be agreed in writing) from the date on which such a meeting took place in accordance with clause 15.2(c), the Licensee Contact Person and BlueScope Contact Person have not been able to resolve the dispute, either Party may then (but no earlier) issue legal proceedings.

15.3  No legal proceedings

Neither BlueScope nor the Licensee may commence legal proceedings (other than for urgent interlocutory relief) in relation to any dispute unless the dispute resolution procedures set out in this clause 15 have been followed.

15.4  Continuation of Agreement

Notwithstanding the existence of a dispute, the Parties must continue to perform their obligations under this Agreement unless the dispute involves  an invoice by the Licensee in which case BlueScope may, by giving the Licensee 7 days prior written notice, discontinue or suspend the use of the Software or Documentation by the Licensee until such time as the relevant invoices are fully paid or the Agreement terminates (whichever comes first).

15.5  BlueScope right to protect reputation

If BlueScope is of the reasonable opinion that the use of the Software and Documentation by the Licensee will damage or potentially damage BlueScope's reputation:

(a)        BlueScope will be entitled to immediately suspend all rights of the Licensee under this Agreement; and

(b)        the Licensee will, upon written request and until further notice from BlueScope, suspend all further use of the Software and use its best endeavours to recall End Products.

If the period of suspension under this clause 15.5(b) continues for more than 60 days, either party may terminate this Agreement by giving at least 30 days notice to the other party.  

16.1  How notices are to be given

A notice, approval, consent or other communication in connection with this Agreement:

(a)            must be in writing;

(b)            must be marked for the attention of the recipient’s Contact Person named in the Agreement Details; and

(c)            must be left at the recipient’s address set out in the Agreement Details, or sent to that address by prepaid ordinary post (airmail if posted to or from a place outside Australia) or sent by facsimile to the facsimile number set out in the Agreement Details.

16.2  When notices take effect

A notice, approval, consent or other communication in connection with this Agreement:

(a)            must be in writing;

(b)            must be marked for the attention of the recipient’s Contact Person named in the Agreement Details; and

(c)            must be left at the recipient’s address set out in the Details, or sent to that address by prepaid ordinary post (airmail if posted to or from a place outside Australia); or

(d)            sent by facsimile to the facsimile number set out in the Agreement Details.

A notice, approval, consent or other communication takes effect from the time it is received unless a later time is specified in it.

16.3  When a letter or facsimile is taken to be received

A letter or facsimile is taken to be received:

(a)            in the case of a posted letter, on the third (seventh, if posted to or from a place outside Australia) day after posting; and

(b)            in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient.

17.1  Confidentiality obligations

A party (“Recipient”) who receives Confidential Information from the other party (“Discloser”) must not:

(a)        use that Confidential Information for any purpose other than performing its obligations under this Agreement;

(b)        disclose to any person that Confidential Information except as permitted by this Agreement; or

(c)        make or assist any person to make any use of Confidential Information other than in accordance with this Agreement.

17.2  Certain disclosures not prohibited

Either party may disclose Confidential Information:

(a)        to a representative of the Recipient who needs to know that information for the purposes of this Agreement or to provide legal or financial advice, provided that such disclosure is under conditions of confidentiality consistent with this clause; or

(b)        if the Discloser has given its written consent to the disclosure.

17.3  Permitted disclosures by BlueScope

Notwithstanding anything contained in this Agreement, BlueScope may disclose Confidential Information of the Licensee:

(a)        to a body having regulatory or supervisory authority over any part of BlueScope’s business or affairs; and

(b)        as required by law or by the listing rules of any stock exchange where BlueScope’s securities are listed or quoted.

17.4  Notification of disclosure

The Recipient must immediately notify the Discloser of all information which comes to its attention regarding any actual or potential disclosure or use of Confidential Information of the Discloser other than in accordance with this clause.

17.5  Return of Confidential Information

On the earlier of:

(a)        a demand by the Discloser; or

(b)        the expiry or termination of this Agreement,

the Recipient must deliver to the Discloser (or with the Discloser’s prior consent, destroy or erase) any Confidential Information of the Discloser in the possession, power or control of the Recipient or any of its Representatives.

17.6  Obligation Extends to Representatives

Each party will take all reasonable steps to ensure that its Representatives engaged for the purposes of this Agreement, do not make public or disclose the other party's Confidential Information other than as permitted under this Agreement.

If a party becomes or is likely to become Insolvent, it will immediately notify the other party.

19.1   Notice and suspension of obligations

If a party to this Agreement is affected, or likely to be affected, by a Force Majeure Event:

(a)        that party must immediately give the other prompt notice of that fact including:

(i)      full particulars of the Force Majeure Event;

(ii)     an estimate of its likely duration;

(iii)    the obligations affected by it and the extent of its effect on those obligations; and

(iv)    the steps taken to rectify it; and

(b)        the obligations under this Agreement of the party giving the notice are suspended to the extent to which they are affected by the relevant Force Majeure Event as long as the Force Majeure Event continues.

19.2  Effort to overcome

A party claiming a Force Majeure Event must use its best endeavours to remove, overcome or minimise the effects of that Force Majeure Event as quickly as possible.  This does not require a party to settle any industrial dispute in any way that it considers inappropriate.

19.3  Termination

(a)         If a Force Majeure Event continues for more than 60 days, either party may terminate this Agreement by giving at least 30 days notice to the other party.

(b)         In the event of termination under clause 19.3 (a), neither party is liable to the other except to the extent of rights or obligations which accrued before the termination.

20.1  Entire agreement

This Agreement constitutes the entire agreement of the parties concerning its subject matter and supersedes all previous negotiations and agreements between the parties concerning its subject matter.

20.2  Assignment and subcontracting

(a)        BlueScope may novate, or assign or subcontract any or all of its rights or obligations under, this Agreement without obtaining the prior consent of the Licensee.

(b)        The Licensee may not novate or assign or subcontract its rights or obligations under this Agreement without the prior written consent of BlueScope (which may not be withheld unreasonably.

20.3  Waiver and variation

A provision of or a right created under this Agreement may not be waived or varied except in writing, signed by the parties.

20.4  Indemnities

(a)            Each indemnity in this Agreement is a continuing obligation and is separate and independent from the other obligations on the Licensee and survives termination of this Agreement.

(b)            It is not necessary for a party to incur expense or make a payment before enforcing a right of indemnity conferred by this Agreement.

20.5  Survival

This clause20 ("Miscellaneous"), 5 (“Intellectual Property”), 6 (“Warranties”), 13 (“Liability and Indemnity”) 14 (“Termination”) and 17 (“Confidential Information”) survive termination or expiry of this Agreement. 

20.6  Publicity

The Licensee may not make any press or other announcement or release relating to this Agreement or the transactions the subject of this Agreement if that announcement or release relates or refers to BlueScope unless it has received BlueScope’s prior written consent.

20.7  Governing law and jurisdiction

(a)        This Agreement is governed by the law in force in Victoria.

(b)        Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them.  Each party waives any right it has to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

20.8  Severability

If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.

20.9  BlueScope's rights

Any express statement of a right of BlueScope under this Agreement is without prejudice to any other right of BlueScope expressly stated in this Agreement or arising at law.

20.10   General

Subject to any provision to the contrary, this Agreement shall enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons.

21.1  Definitions

Agreement means this agreement for the licence of the Software including any attachments and documents incorporated by reference.

Agreement Details means the details set out at the beginning of this Agreement.

Associated Documentation means the documentation set out in Attachment 3.

BlueScope Trade Marks means any trade marks, logos, indicia and images which are licensed to the Licensee (including any modifications to such materials by BlueScope) under or in connection with this Agreement.

Business Day means a day which is not a Saturday, Sunday or public holiday in Victoria.

Change of Control means in respect of a corporation:

(a)        a relevant interest, as defined in the Corporations Act, in more than 50% of the securities of the corporation that in normal circumstances entitle the holder to vote or participate at a meeting of the members of the corporation or to vote or participate in the election or appointment of directors of the corporation passes to a person or persons who did not have such relevant interest at the Start Date; or

(a)        the ability to control or the actual control (irrespective of whether such control is exercisable on a passive or active basis and irrespective of whether such control is based on statutory, legal or equitable rights and irrespective of whether such control is exercisable solely or jointly or directly or indirectly) of the management and policies of the corporation passes (whether by means of trusts, agreements, arrangements, understandings, practices, the ownership of securities or shares in the corporation or otherwise) to a person or persons who did not have such ability or actual control at the Start Date.

Confidential Information of a party (“Discloser”) means:

(a)        the existence and terms of this Agreement; and

(b)        all information including, in the case of BlueScope, the Software and Documentation:

(i)         disclosed or communicated to the other party (Recipient); or

(ii)        learnt or accessed by the Recipient,

from the Discloser or its Representatives, in connection with this Agreement in circumstances importing an obligation of confidence excluding any such information which the Recipient can establish:

(iii)       is or becomes generally available in the public domain otherwise than through a breach of this Agreement;

(iv)       is or becomes known to the Recipient from a source other than the Discloser otherwise than through a breach of an obligation of confidentiality owed to the Discloser;

(v)        is or has been independently developed or acquired by the Recipient;

(vi)       is approved in writing by the Discloser for disclosure by the Recipient.

Corporations Act means the Corporations Act 2001 (Cth).

Customer means a customer of the Licensee.

Design means steel frames and trusses designed by the Licensee using the Software and/or Documentation.

Dealer means a Licensee who provides or causes to be provided, whether by itself or through a third party, steel frames and trusses from ENDUROFRAME® components to an End User.

Documentation means:

(a)        the operating manuals, user guides and any other documentation referred to in Attachment 1 and any copies of those in relation to the Software which BlueScope generally makes available to its Licensees and which are designed to assist or supplement the understanding or application of the Software;

(b)        the Associated Documentation; and

(c)        any other documents notified by BlueScope to the Licensee from time to time.  Documentation may change from time to time. The latest versions of the Documentation, including any additions or deletions can be found at www.enduroframe.com.au website or by contacting BlueScope. Access to many of the documents on the website will require a username and password.

End Product means any steel product Designed by the Licensee (whether as licensee under this agreement or another licensee under the same or similar agreement with BlueScope Steel Limited  ABN 16 000 011 058) using the Software and/or Documentation, which is manufactured and fabricated but may or may not be assembled.

End User means a person who assembles steel frames and trusses from ENDUROFRAME® components and/or installs an End Product.

Fabricator means a Licensee who assembles steel frames and trusses from ENDUROFRAME® components.

Fees means the fees for the Software Fees set out in the Agreement Details or elsewhere in this Agreement.

Force Majeure Event means any occurrence or non–occurrence as a result of which a party is prevented from or delayed in performing any of its obligations (other than a payment obligation) under this Agreement and that is beyond the reasonable control of that party, including forces of nature, industrial action and action or inaction by a government agency.

GST means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999.

Input Tax Credit has the same meaning as in the GST Act.

Insolvent means being an insolvent under administration or insolvent (each as defined in the Corporations Act) or having a controller (as defined in the Corporations Act) appointed, or being in receivership, in receivership and management, in liquidation, in provisional liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or being otherwise unable to pay debts when they fall due or having something with the same or a similar effect happen under the laws of any jurisdiction.

Intellectual Property Rights means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Media means the tangible property on or in which the Software and the Documentation is delivered to the Licensee.

Representative means, in respect of a party to this Agreement, any person acting for or on behalf of that party and includes any director, officer, employee, contractor or professional adviser of that party but excludes the other party to this Agreement.

Rollformer means the person(s) who operate a rollforming business and who rollforms Steel in accordance with the Design specifications to manufacture ENDUROFRAME® components.

Software means:

(a)        the ENDUROCADD® or SUPRACADD® house framing design and detailing package incorporating the FIRE application development software - run time version;

(b)        any other software tools developed by BlueScope to aid in the design and detailing of house frames;

(c)        any standard details and templates incorporated in the ENDUROCADD® or SUPRACADD® software; and

(d)        any copies of and any enhancements, modifications or new releases for the above items or any part of the above items,

consisting of a set of instructions or statements in machine readable medium.  Software also includes any related user manuals or associated documentation that describe the use of, or house framing products manufactured by, any piece of software written and provided by BlueScope.

Start Date means the date specified as such in the Agreement Details.

Steel means BlueScope’s steel product for house framing currently known as TRUECORE® steel.

Tax Invoice has the same meaning as in the GST Act.

Taxable Supply has the same meaning as in the GST Act.

Term means the period specified as such in the Agreement Details.

Trained Software User means a Licensee (whether as licensee under this agreement or another licensee under the same or similar agreement with BlueScope Steel Limited  ABN 16 000 011 058) who holds a current certificate issued by BlueScope verifying that the Licensee (whether as licensee under this agreement or another licensee under the same or similar agreement with BlueScope Steel Limited  ABN 16 000 011 058) has met certain competencies to design and detail home designs fit for manufacture and erection using the Software.

21.2  Interpretation

In this Agreement, except to the extent that the context otherwise requires:

(a)        the singular includes the plural and vice versa;

(b)        a reference to this Agreement, a contract, an agreement or other instrument, includes any variation or replacement of any of them;

(c)        a reference to a clause or a Attachment is a reference to a clause or Attachment of this Agreement;

(d)        a reference to a person includes a reference to a natural person, a partnership, a firm, a body corporate, a joint venture, an unincorporated association or an authority as well as a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;

(e)        an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;

(f)         a reference to a statute, ordinance, code or other law includes regulations and other instruments under it, and consolidations, amendments, re-enactments, or replacements of any of them;

(g)        headings are inserted for convenience and do not affect interpretation;

(h)        if a period of time is specified and the period dates from the given day or the day of an act or event, it is to be calculated exclusive of that day;

(i)         if an act under this Agreement to be done by a party on or by a given day is done after 5.30pm on that day, it is taken to be done on the next day;

(j)         a reference to a month is a reference to a calendar month;

(k)        where a word or phrase is specifically defined other parts of speech or grammatical forms of that word or phrase have a corresponding meaning;

(l)         a reference to a thing (including any amount) is a reference to the whole and each part of it;

(m)       Australian dollars, dollars, A$ or $ is a reference to the lawful currency of Australia; and

(n)        the words “include”, “including”, “for example” or “such as” are not used as, nor are they to be interpreted as, words of limitation, and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

 

Attachment 1 – General Documentation

Document	Purpose
Fabrication Inspection Records - ENDURO-QA-003 rev A/0 and ENDURO-QA-004 rev A/0	The fabrication inspection records document the quality control checks that a Fabricator must undertake in the fabrication of the ENDUROTRUSS® and ENDUROWALL® framing systems. The Fabricator must retain copies of these and store them for 10 years. These need to be read in conjunction with the product inspection records - ENDURO-QA-001 rev A/0 and ENDURO-QA-002 rev A/0, or the latest version, and the assembly details produced by the Software. The latest versions of the fabrication inspection records are available on the members section of www.enduroframe.com. Any frames/trusses that do not meet the documented tolerances shall be rectified by the Fabricator within tolerance or, if this cannot be achieved, the frames/trusses must be scrapped. Proper filling out of these records shall be evidence that the frame fabrication has been properly completed. Provided the frames/trusses have been fabricated in accordance with the inspection requirements contained in these Record sheets, and the Fabricator can produce the sheets on request, the Fabricator shall be deemed to have met its obligations required in the “Certification of Design Calculations – ENDUROTRUSS® framing system”. Failure to do so means the Fabricator has not met these requirements and the Certification would be invalid.
Assembly Checklist	The Assembly Checklist documents the quality control checks that an End User must undertake in the fabrication and assembly of the ENDUROTRUSS® and ENDUROWALL® framing systems. The Assembly Checklist must be passed on by a Dealer to an End User who takes responsibility for the correct fabrication and assembly of the ENDUROTRUSS® and ENDUROWALL® framing systems. This needs to be read in conjunction with the assembly details produced by the Software which must also be supplied by the Dealer to the End User. The latest versions of the Assembly Checklist is available on the members section of www.enduroframe.com.
Engineering drawings generated by the Software	The Software will provide engineering calculations for the ENDUROTRUSS® framing system and confirm the capacity of truss connections and members based on the input loads, and whether individual trusses pass or fail.  The Licensee must ensure that only trusses that have been passed by the software are fabricated and sent for fabrication. It is the Licensee’s responsibility to ensure that the correct input loads are selected, and to check the output engineering drawings. Engineering designs must be manually checked by the Licensee against tables in the ENDUROFRAME® Steel Building Frame System Design Manual. A Trained Software User is required to certify the Design prior to rollforming, fabrication and installation.
Assembly details generated by the Software	The Software prepares fabrication layout drawings for both the ENDUROWALL® and ENDUROTRUSS® framing systems. In addition, the Software generates connection details for the ENDUROTRUSS® framing system, and the ENDUROWALL® framing system references connection details in the ENDUROFRAME® Steel Building Frame System Design Manual. A Trained Software User is required to certify the Designs prior to rollforming, fabrication, assembly and installation.   The Fabricator or End User must ensure that fabrication is done in accordance with the Designs. Failure to follow this could lead to structural failure of the frames.

 

 

 

ATTACHMENT 2

Statement of Functionality

1.             Job input: Input of basic job data such as job name, users address etc, as well as structural parameters such as wall height, wall component type, wall construction options, roof pitch, roof truss spacing, roof covering and wind load data.

2.             Floor-plan layout: Input of basic outline shape via free-form input, dimensions from a plan or by 'tracing' over an imported AutoCad (3rd party) drawing.  Once entered, the shape can be modified.  Multiple layouts can be entered in case of multi-floor construction, the lower plan acting as a guide to entry of the upper floor.

3.             Wall entry: Walls can be entered free-form with subsequent dimension-editing or by 'tracing' over an imported AutoCad (3rd party) drawing. Wall types are load-bearing, non-load-bearing, beams or 'fictitious'.

4.             Wall editing:  Walls can be deleted or added.  As well existing walls can be cut, joined, rotated or extended.  The side shape can be modified to produce sloping ceilings or any other shape.  Openings (doors and windows) are taken from a data base of industry suppliers and inserted, removed or moved.  Additional features such as wet areas and baths can be entered and are used to guide some special wall features.

5.             Generation of wall parts: The individual parts in a wall can be created for any given wall or all walls.  The parts include studs (common and jamb), noggins, lintels, bath rails as well as connectors within the panel.

6.             Generation of roof shape: The overall roof shape is automatically generated at the default roof pitch.  All valleys, ridges etc are created.  The shape can be modified by user-specified gable ends etc as well as non-standard roof pitch as desired.

7              Adding features: The user can modify the shape by the addition of Dutch hips, saddles, jerkins, as well as gable verges.  The overhang is automatically generated but can be modified later.

8.             Generation of roof parts: Roof trusses are automatically laid out in most areas of the roof. These include the normal ENDUROTRUSS® configurations as well as girder trusses.  Location of the girder trusses is semi-automatic.  Trusses are built automatically then subjected to a design check.  Only the trusses that fail are marked as such and require manual intervention, such as boxing members, changing gauges and adjusting web patterns.

Most hip rafters, gable outriggers etc are built automatically.  For roof areas of unusual shape the user is required to intervene and insert trusses manually as well as indicate where rafters must be built.

9.             Preparation of site drawings:  The user selects what parts of the house go on what sheets and what features should be dimensioned on each sheet, and where the dimensions should go on the sheet.

10.           Production of final outputs:  The final numeric-control data as well as material lists are available for sending to SmartLink.

11.           Product sorting for manufacture: The parts are sorted into the order that the user would like to manufacture. Transition parts which are the parts between manufacture are generated. Data is exported to the ENDURO® rollformer.

ATTACHMENT 3

Associated Documentation

Trained Software User Certificate	This is a certificate provided by BlueScope to a Trained Software User, and is evidence that the Trained Software User is skilled to use the Software. Only a Trained Software User may sign a Certification of Design Calculations – ENDUROTRUSS® framing system.
ENDUROFRAME® Steel Building Frame System Design Manual	This manual provides all of the design capacities for components and connections used in the ENDUROWALL® framing system for one and two storey construction. This Manual provides values for studs, plates, headers, lintels, and beams. The Trained Software User is responsible for selecting the correct input loads and using the tables correctly, and then inputting the correct sections, connections and components when detailing the wall frames in the Software.
Connection and design detail drawings that are on the ENDUROFRAME® website	These drawings provide additional fabrication and construction details on how to fit the ENDUROFRAME® building system together. The Licensee must refer to these for explanation as to how the ENDUROFRAME® system is to be fabricated and installed.
Certification of Design Calculations – ENDUROTRUSS® framing system	This document states that BlueScope certifies that engineering calculations for roof trusses comply with nominated standards stated in the certification provided that certain, listed design criteria are met. This certification is signed by a Trained Software User and Fabricator or Dealer.
ENDUROTRUSS® Roofing System – Installation Manual –non-cyclonic	This manual provides instructions on the assembly, fabrication and installation of the ENDUROTRUSS® system. This document sets out all of the components used in the ENDUROTRUSS® framing system and how they fit together as a complete roof framing system. It can also be used as a reference document by the Trained Software User, Rollformer and Fabricator on the ENDUROTRUSS® framing system.
ENDUROWALL® Walling System – Non Cyclonic	This manual provides instructions on the assembly, fabrication and installation of the ENDUROWALL® system. This document sets out all of the components used in the ENDUROWALL® framing system and how they fit together as a complete wall framing system. It can also be used as a reference document by the Trained Software User, Rollformer and Fabricator on the ENDUROWALL® framing system.

Attachment 4 – Certification of Design Calculations

 

 

Project:	<Insert project>	Job number:	<Insert job number>
Customer:	<Insert customer name>	Revision number:	<Insert revision number>
Site address:	<Insert site address>

 

On [insert date] [Insert Fabricator/Dealer name] (“the Fabricator/the Dealer”) advises the Customer that BlueScope Steel Limited has certified to the Fabricator/Dealer that the engineering calculations performed in respect of roof trusses in Job number [insert job number] which have been designed using version [insert latest version number] of the ENDUROCADD® software program comply with the following documents:

• Lysaght Technology Design Philosophy Doc. Report 4
• Building Code of Australia BCA-2012
• AS/NZS 4600: 2005 Cold formed steel structures
• AS 4055 –2006 Wind loads for Housing
• AS/NZS 1170.0:2002 General Principles
• AS/NZS 1170.1:2002 Permanent, imposed and other actions
• AS/NZS 1170.2:2002 Wind Actions
• NASH standard Residential and Low rise steel Framing Part:1 Design criteria 2005

 

PROVIDED that:-

 

• the input design criteria, as shown in Table 1, is correct for the relevant project. The Trained Software User (identified at the end of this Certificate), is solely responsible for ensuring that inputs used are correct and appropriate;
• the Trained Software User has been trained in the application and functionality of the ENDUROCADD® software. Details of the Trained Software User must appear the end of this Certificate for it to be valid;
• the latest version of the ENDUROCADD® software is used;
• the ENDUROCADD® software passes all trusses. A list of trusses that have been passed by this software are contained in Table 2. Any trusses or structural elements that are not in Table 2 are not included in this certificate.
• all rollformed steel components are manufactured using TRUECORE® steel complying with AS1397:2001 in the base metal thickness specified in the engineering sheets within the tolerances indicated on drawings PFRID1295-001-001       Std. Smart Section Profile Details S75 x 38/40 & S90 x 38/40 , and the quality control sheets ENDURO-QA-001 rev A/0,  or the latest versions;
• all fasteners, connections, and bracings have the minimum capacities specified in the ENDUROFRAME® Steel Building Frame System Design Manual;
• trusses are assembled according to the truss fabrication sheets generated by the ENDUROCADD® program and the ENDUROTRUSS® Roofing System Installation Manual – non-cyclonic, and the Assembly Checklist or quality control sheet ENDURO-QA-004 Rev A/0; and;
• trusses are installed at the spacings indicated in the Truss Layout Drawing and shall be delivered, unloaded, stored and installed in accordance with one of the following appropriate installation guides:

o ENDUROTRUSS® Installation Guide - Using ENDUROTRUSS® for roof framing in noncyclonic areas.

This Certification only covers roof framing up to two storey constructions in non-cyclonic areas, which fall within the geometrical limitations of AS 4055-2006 and NASH Standard Residential and Low rise steel Framing Part:1 Design Criteria 2005.

Disclaimer and limitation of liability

This Certificate is not valid, and BlueScope Steel gives no warranties and accepts no liability:

• where the ENDUROCADD® software is used for products manufactured other than in accordance with BlueScope Steel's documented quality control specifications set out in the Fabrication Inspection Records - ENDURO-QA-003 rev A/0 and ENDURO-QA-004 rev A/0 or manufactured using steel other than TRUECORE® steel. The ENDUROCADD® software cannot be used for products manufactured from other steel, including those that are similar in profile but are not manufactured from TRUECORE® steel, as those products may vary significantly in, among other things, grade, thickness, size, material standard compliance (including chemical composition, mechanical properties, tolerances) and quality to products manufactured using TRUECORE® steel;
• for the use of correct fasteners, connections or bracings and the design capacities or information in relation to fasteners, connections, bracings or any other engineered products required to assemble or install roof trusses. The Customer should refer directly to third parties for advice; or
• in relation to the manufacture, assembly or installation of roof trusses.

 

Further, while every effort has been made to ensure the accuracy of the information provided by the ENDUROCADD® software, to the maximum extent permitted by law, BlueScope Steel accepts no liability to the Customer or any third party:

• for any errors or omissions, whether caused by negligence or any other reason;
• in respect of any act or omission by the Fabricator, the Customer or a third party; or
• for any direct or indirect, consequential, special, punitive or incidental loss or damage, loss of profit or anticipated profit, data, use, goodwill or business, for any interruption to business, however caused (including, without limitation, breach of contract, negligence and/or breach of statute), which may be suffered or incurred,

in reliance, in whole or in part, on any or all information provided by the software.

The recommendations and information provided by the ENDUROCADD® software are provided to you by the Fabricator or BlueScope Steel based on good building practice but are not an exhaustive statement of all relevant factors relating to the ENDUROTRUSS® roof framing system. Strict compliance with all applicable laws and relevant standards remains the Customer's sole responsibility. In addition, it also remains the Customer's responsibility at all times to ensure that the methods used are adequate for the particular situation and the Customer's specific circumstances.

All information provided by the ENDUROCADD® software is a guide only for competent design professionals in the selection and design of roof trusses by this software. This software should only be used in conjunction with independent qualified expert advice confirming the suitability of the information provided in this software to your specific project. The information provided by this software should not be used or relied on as a substitute for the knowledge, expertise, professional judgement or advice of an independent qualified expert.

Always ensure that you are using current information on the ENDUROTRUSS® range of roof framing systems.

Table 1 Design Criteria Roof:

Wind speed*		Roof cladding		Top chord Restraint
Truss Spacing		Top chord live load		Bottom chord Restraint
Ceiling type		Bottom chord live load		Top & bottom point live load
Roof slope		Internal pressure	Ceiling lining
ENDUROCADD® version		Chord type		Web type

* DS = Limit-state strength-design wind-speed, SS = Limit-state serviceability wind-speed

 

Table 2 – Summary of Trusses Designed by this program

Truss No.	Result	Truss No.	Result	Truss No.	Result
	PASS		PASS		PASS

Note:  1) Certification does not exist for any trusses or components not listed in this table.

          2) Design of Tiedown brackets, battens, roof bracing and rafters are outside the scope of the design

              Software. Refer batten manufacturers’ design data for batten design and ENDUROTRUSS®    

              Roofing system-installation manual-Non cyclonic for details of roof bracing, tie downs and rafters

          3) The software does not consider fire action, earthquake action and snow action.

          4) An Engineer’s approval is required where

               a) The distance from ground level to the underside of eaves exceeds 6.0m

              b) The distance from ground level to the highest point of the roof, neglecting chimneys

                  exceeds 8.5 m

              c) The building width including roofed verandas, excluding eaves exceeds 16m

              d) The building length exceeds five times the building width

              e) The roof pitch exceeds 35 degrees

              f)  The structure is not in Non-Cyclonic areas

              g) The structure is located closer than 300 meters from the high water mark of “surf” and/or  “exposed” salt marine influences or 100 meters from the high water mark of “calm” salt marine or brackish influences

 

The ENDUROCADD® design and detailing software has been developed by the BlueScope Lysaght Technology Department complies with Section A2.2 (Vol 1) and 1.2.2 (Vol 2) of the BCA and the South Australian Minister's Specification SA A2.2 “Structural Engineering Software”, dated May 2010. The Compliance Document, list of trained users, and latest software version number can be obtained by contacting info@enduroframe.com.au .

 

Trained Software User     Name: <Insert name>   User no.: <Insert user no.>     Signature: ________________    Date: Insert date
Manufacturer Name       <Insert name>	Fabricator/Dealer Name <Insert name>   Name___________________________   Signature_________________Date____________   Position___________________

BlueScope Steel and TRUECORE® steel are registered trademarks of BlueScope Steel Limited and ENDUROCADD® and ENDUROFRAME® are trademarks of BlueScope Steel Limited ABN 16 000 011 058.