AX Partners should contact Scalable for the Partner Agreement and Partner EUSLA


Scalable Data Systems Pty Ltd ACN 082 374 107 (“Scalable”) is a professional software development and support company located in Queensland, Australia.


Scalable software is protected by copyright. This EUSLA sets out the terms and conditions for the use of Scalable software suppliedto you directly or through one of our Australian or international partners, including all programs, forms, screen displays, systems, manuals, and associated media and user documentation (“Scalable Software”).  


Ownership of Copyright

Scalable retains ownership of all copyright and other intellectual property rights subsisting in Scalable Software.


Licensed Software

Subject to your payment of all applicable licence fees for Scalable Software, you are granted a non-exclusive, non-transferable, non-assignable, perpetual licence. You may only use Scalable Software in accordance with the Microsoft Dynamics™ AX SLT agreement.


Microsoft Licences

This EUSLA does not licence you to use any Microsoft software or Microsoft products. You will need to sign a separate Microsoft Dynamics™ AX SLT agreement to run the Scalable Software.



You undertake to prevent copying or access to Scalable Software by any parties that are not licensed to use the Scalable Software. You must also ensure that those users who are permitted to access Scalable Software under this EUSLA observe all of the terms and conditions of this EUSLA to the same extent that they are binding on you.


Licence compliance and user audit

Customer must have enough licenses issued by Scalable for all the Scalable Software licensed to support the maximum number of users that may access or use the Scalable software before accessing or using the software, and Customer agrees:

  1. a) Scalable has the right to verify compliance with this agreement and
  2. b) to run, and supply to Scalable, the access and usage report using the latest version of the usage report tool contained within the Scalable software at least once a year starting from the date the software is first licenced.


Intellectual Property Notations

You must not remove any intellectual property rights notations carried by the Scalable Software.


Updates and New Versions

You are entitled to upgrades whilst the Customer is using the Microsoft Dynamics AX Series Software and paying the Microsoft Maintenance Fee together with the Scalable Maintenance Fee; the Customer must continue to pay the Maintenance Fee for the Scalable Add Ons whilst still paying the Microsoft Maintenance fee. However the terms and conditions of this EUSLA will apply to any upgrades or new releases of SDS Software that are provided to you.



Scalable has licensed its international partners in connection with the sale, installation and support of Scalable Software. Please note the installation of the Scalable Software automatically includes the source code; the source code remains resident on your servers at all times. If access to the source code is required for maintenance and/or further development of Scalable Software by a third party support provider, you must seek the approval of Scalable via your Microsoft Dynamics™ AX partner/provider. Scalable will not unreasonably withhold its approval provided you procure your third party support provider to sign such agreements as may be reasonably required by Scalable for the protection of its copyright and other intellectual property rights.


Reverse Engineering and Distribution Rights

Except to the extent expressly permitted by law, you must not modify or alter, or reverse assemble or reverse compile, the Scalable Software or any part of the Scalable Software.

You and your maintenance partner agree to take all action necessary to secure the confidential information and to respect the licensing terms of Scalable Software, not to distribute Scalable Software and not to use Scalable Software for purposes other than the normal maintenance and further development of your conventional use of software.


Limited Warranty

Scalable warrants that the Scalable Software will perform substantially in accordance with the user documentation for a period of 90 days from receipt. This warranty will not apply if the failure to perform is a consequence of external factors, including other programs or the interaction between the Scalable Software and your own hardware or software environment. Neither will the warranty apply if the Scalable Software is not used in accordance with Scalable specifications by properly trained users, is abused, or if it is modified. Scalable provides no warranty on third party hardware, operating systems, software or components, nor on any customised work performed to operate on third party applications or operating systems. Scalable provides no warranty that the Scalable Software will be free of defects or that the use of the Scalable Software will be uninterrupted or error free. To the extent permitted by law, all implied warranties are excluded.


Limitation of Liability

If there is a breach of Scalable’s limited warranty, Scalable has the option to either refund the licence fee that you paid for the Scalable Software or repair or replace the Scalable Software. Otherwise, to the maximum extent permitted by law, Scalable excludes all liability in respect of any act or omission of Scalable in connection with the Scalable Software or this EUSLA. Under no circumstances will Scalable be liable for any special, indirect or consequential damages or loss of revenue, loss of profits, loss of data or opportunity loss.


Maximum Liability

The maximum total aggregate liability of Scalable to you in relation to the Scalable Software or this EUSLA will be the amount that you have paid in licence fees for the Scalable Software.



Scalable may terminate this EUSLA immediately by giving you notice in writing in the event of a material breach by you. In the event of termination for any reason, you will not be entitled to a refund of any part of the licence fee, and you must immediately cease to use the Scalable Software and delete and destroy all copies of the Scalable Software in your possession or control, unless otherwise stipulated by mandatory legislation applicable in your jurisdiction.


Applicable Law

This EUSLA will be governed by and construed in accordance with the laws for the time being in force in the State of Queensland, Australia. The parties agree to submit to the jurisdiction of the courts and tribunals of that state.


AX Partners should contact Scalable for the Partner Agreement and Partner EUSLA