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ACCESS-IT SOFTWARE LIMITED SOFTWARE LICENCE AGREEMENT
IF YOU INSTALL AND/OR USE ACCESS-IT, YOU HAVE AGREED TO BE BOUND BY THIS AGREEMENT. PLEASE READ THIS AGREEMENT BEFORE USING ACCESS-IT.
1. GRANT OF LICENCE.
Access-It Software Limited grants you the non-transferable, non-exclusive right with respect to the software programs (“the Software”) subject to the
terms and conditions of this Agreement. Access-It Software Limited retains all rights, title and interest in and to the Software.
(a) The Software Programs. Means Access-It and any future updates, upgrades, modifications, additions or other amendments to the same.
(b) Notice to Users. You shall inform all users of the Software of the terms and conditions of this Agreement.
(c) Annual Licence Fee. Use of the Software requires an annual licence fee. The user group membership is now included within the annual licence fee.
(d) Bureau and Third Parties. The Software cannot be utilised by any computer bureau without the consent of Access-It Software Limited and if consent
is given then such consent will be for a limited time only. This includes supplying the software and/or data files to another organisation, company or third
party for the purposes of reverse engineering, decompiling, or disassembling the software and/or data files associated with this software.
2. COPYRIGHT.
You acknowledge and agree that the Software and any information printed or produced utilising the Software are proprietary products of Access-It Software Limited and are owned by or licensed to Access-It Software Limited and, as such, protected by international copyright laws and treaty provisions.
3. LIMITED WARRANTY.
Access-It Software Limited warrants and the Licensee accepts that the Software will perform substantially in accordance with the instructions provided
for a period of ninety (90) days from the date of receipt. Access-It Software Limited does not warrant that functions contained in the Software will meet
your requirements or that the operation of the Software will be error-free or uninterrupted. In case of any defect in the Software, Access-It Software Limited may, at its discretion, use reasonable efforts to provide corrections or fixes in a timely manner. This limited warranty is void if failure of the Software
has resulted from accident, abuse, or misapplication or if the Software is modified in any way without the written consent of Access-It Software Limited.
4. STAND-ALONE USER RESTRICTIONS.
If a Licensed Product is licensed for a Stand-Alone User, Customer must not use the Licensed Product on a network.
5. NETWORK RESTRICTIONS.
If a Licensed Product is licensed for network use, Customer must: (a) not allow the number of professionals permitted access to the Licensed Product
to exceed the total number of Licensed Users: and (b) if the number of those professionals ever exceeds the total number of Licensed Users: (i) immediately notify Access-It Software Limited; and (ii) pay the increased associated subscription charge current at that time.
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6. CAMPUS/SITE RESTRICTIONS.
By default, the Licensed Product is for use within a single site or single campus. You may not use this software for multiple sites or multiple campuses
without obtaining, and making payment for, the additional registered licences. A multi-site or multi-campus status exists where, but for the multi-campus
functionality within the Licensed Product, a separate Licensed Product would be required in order to combine the multi-sites or multi-campuses. AccessIt Software Limited reserves the right to decide if a particular deployment constitutes a single or multi-campus or multi-site deployment.
If a Licensed Product is for use across more than one site or campus, Customers must: (a) not allow the number of sites/campuses permitted access
to the Licensed Product to exceed the total number of Licenced Sites or Campuses: and (b) if the number of those sites or campuses ever exceeds the
total number of Licensed Sites or Campuses: (i) immediately notify Access-It Software Limited; and (ii) pay the increased associated charge current at
that time to permit continued use of the software across more than one site or campus.
7. UPDATES AND UPGRADES.
Access-It Software Limited may from time to time make improvements, substitutions, enhancements (“UPDATES AND UPGRADES”) to any part of the
Software. In particular, Access-It Software Limited does not warrant that functions contained in these updates and upgrades will meet your requirements
or that the operation of the Software, updates or upgrades will be error-free or uninterrupted. Furthermore, from time to time the updates or upgrades
may change certain functionality or operations from previous versions of the Software. Access-It Software Limited does not warrant that all existing
functionality and features will be retained in subsequent versions.
8. LIMITATION OF LIABILITY.
In no event shall Access-It Software Limited or its suppliers be liable for any indirect, incidental, consequential, special or exemplary damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss)
arising out of the use or inability to use the Software, even if Access-It Software Limited has been advised of the possibility of such damages. You acknowledge that you have relied on your own skill and judgement in deciding to acquire the Software and any accompanying hardware. You acknowledge
that the limitation of liability contained in this clause is reasonable and that the limitation provision has been taken into account by Access-It Software
Limited in pricing the product and the licence fee.
9. NO OTHER WARRANTIES.
Access-It Software Limited disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability
and fitness for a particular purpose, with respect to the Software and accompanying Software documentation. This limited warranty gives you specific
legal rights.
10. TERMINATION.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Access-It Software Limited if you fail to
comply with any provision of the Agreement. Upon termination you shall destroy all copies of the Software, including modified copies, if any and upon
request certify in writing such destruction to Access-It Software Limited.
11. SERVICES CUSTOMER MUST SUPPLY ITSELF.
Customer acknowledges that to use Licensed Products fully Customer must: (a) supply its own computer hardware and software (except software
included in Licensed Products), and keep it in good working order; and (b) train its personnel to use Licensed Products.
12. ACCESS-IT NOT RESPONSIBLE FOR INTERNET AND TELECOMMUNICATION SERVICES
12.1 Customer must arrange and pay for all telecommunication and internet services required to receive Licensed Products including, for example,
internet service providers and dedicated online systems providers.
12.2 Access-It Software Limited is not responsible for claims, expenses, losses, damages or costs made against or incurred or suffered by Customer
directly or indirectly (including without limitation, lost costs, profits and data) arising out of those telecommunication and internet services (including
without limitation, use or misuse of them or any failure of them).
13. WHAT LAW GOVERNS?
This agreement is governed by the law applicable in New Zealand and as applied through international courts.
14. CONSUMER GUARANTEES ACT 1993.
In the case of New Zealand customers where the Software has been supplied under this agreement to a business (including but not limited to schools)
or for the purpose of a business, including the access at home of the Software, Access-It Software Limited hereby contracts out of the provisions of the
Consumer Guarantees Act, in accordance with Section 43 of the Act.