END-USER LICENSE AGREEMENT FOR KUDO* SYSTEMS (NZ) LTD. SOFTWARE Kudo* - WebTools.

NOTE: This product may not activate unless or until you accept the terms of the applicable End-User License Agreement ("EULA"). The terms of a printed, paper EULA, which may accompany the product, supersede the terms of any on-screen EULA found within the product. For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found either online in or with this product. If you are accessing an online version of the EULA and would like to print the EULA before proceeding, please exit set-up/application by pressing the "disagree" button and then print the EULA from the online file. You may resume set-up at any time.

IMPORTANT-READ CAREFULLY: This EULA is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the manufacturer ("Manufacturer") of the application system, the Kudo* software product(s) identified above or on the Product Identification Card accompanying this EULA or on the Product Identification Label attached to the product package ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT includes Kudo* computer software, any associated media, printed materials, and any electronic documentation. Note, however, that any software, documentation, or web services that are included in the SOFTWARE PRODUCT, or accessible via the SOFTWARE PRODUCT, and are accompanied by their own license agreements or terms of use are governed by such agreements and terms of use rather than this EULA. This EULA is valid and grants the end-user license rights ONLY if the SOFTWARE PRODUCT is genuine and is supplied by Kudo* Systems (NZ) Ltd. or one of our Partners/Resellers. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Manufacturer and Kudo* Systems (NZ) Limited ("Kudo*") are unwilling to license the SOFTWARE PRODUCT. In such event, You may not use or copy the SOFTWARE PRODUCT, and You should promptly contact Manufacturer for instructions on return of the product(s) for a refund in accordance with Manufacturer's return policies (see global Kudo* Terms and Conditions).

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

1. GRANT OF LICENSE. This Section of the EULA describes Your general license rights to install and use the SOFTWARE PRODUCT. The license rights described in this Section are subject to all other terms and conditions of this EULA.

  • General License Grant to Install and Use. Except as otherwise expressly provided in this EULA, You may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER. Although the SOFTWARE PRODUCT may be accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital or analogue electronic device ("Device").

  • Additional License Grant for Media Elements. The SOFTWARE PRODUCT may include certain designs, photographs, clip art, animations, sounds, music and video clips (together "MEDIA ELEMENTS"). If so, the following terms describe Your rights to the MEDIA ELEMENTS:

  • You are not licensed to do any of the following:
    1. You may not sell, license or distribute copies of the MEDIA ELEMENTS on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the MEDIA ELEMENTS.
      You may not use or distribute any of the MEDIA ELEMENTS that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.

    2. You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the MEDIA ELEMENTS.

    3. You must indemnify, hold harmless, and defend Manufacturer, WebTools and Kudo* Systems (NZ) Ltd. from and against any claims or lawsuits, including attorneys’ fees, that arise from or result from the use or distribution of MEDIA ELEMENTS as modified by You.

    4. You may not permit third parties to distribute copies of the MEDIA ELEMENTS except as part of Your product or service. Without the express permission of Kudo* Systems (NZ) Limited.

    5. Your usage of the MEDIA ELEMENTS is granted for the period that a licensing agreement exists between You and Manufacturer. Upon termination of a licensing agreement, all MEDIA ELEMENTS will remain the property of Kudo* Systems (NZ) Limited, and shall be returned to Kudo* Systems (NZ) Limited forthwith.

  • Reservation of Rights. Manufacturer, WebTools and its suppliers (including Kudo* Systems (NZ) Limited and partners) reserve all rights not expressly granted to you in this EULA.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Copy Protection. The SOFTWARE PRODUCT may include copy protection technology to prevent the unauthorised copying of the SOFTWARE PRODUCT or may require original media for use of the SOFTWARE PRODUCT on the device. It is illegal to make unauthorised copies of the SOFTWARE PRODUCT or MEDIA ELEMENTS or to circumvent any copy protection technology included in the SOFTWARE PRODUCT. Local law may provide you additional back-up rights.

  • Language Version Selection. Manufacturer may have elected to provide You with a selection of language versions for one or more of the Kudo* software products licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version You are licensed to use only one of the language versions provided; during the set-up process for the SOFTWARE PRODUCT You may be given a one-time option to select a language version; the language version selected by You at such time will be set up on the COMPUTER; and the language version(s) not selected by You at such time may be automatically and permanently deleted from the hard disk of the COMPUTER.

  • Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • No Rental, Leasing or Commercial Hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the SOFTWARE PRODUCT.

  • Application System Upgrades. The SOFTWARE PRODUCT may contain systems components software upgrades required for proper operation of the SOFTWARE PRODUCT. Any such systems software upgrades are licensed to You pursuant to the terms and conditions as provided in Your license to the application system unless a separate end user license agreement is provided to You with such upgrades in which case such separate agreement governs Your use of the upgrades.
    On-Line Services. Certain functionality of the SOFTWARE PRODUCT may require separately acquired on-line services. This EULA gives You rights to use the Internet, any on-line or other services or software that may be necessary to use all features associated with the SOFTWARE PRODUCT.

  • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly permitted by this EULA.

  • Single EULA. The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, You are only licensed to use one (1) copy of the SOFTWARE PRODUCT.

  • Software Product Transfer. You may permanently transfer all of Your rights under this EULA only as part of a sale or transfer of the HARDWARE, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity (if any) and Confirmation Number(s) (where applicable)), and the recipient agrees to the terms of this EULA.

  • Termination. Without prejudice to any other rights, Manufacturer or WebTools may terminate Your rights under this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

  • Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Manufacturer, WebTools or its partners.

3. UPGRADES. You must be properly licensed to use a product identified by Manufacturer, WebTools or Kudo* Systems (NZ) Limited as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component with which You received the Eligible Product. A SOFTWARE PRODUCT labelled as an upgrade replaces or supplements (and may disable, if upgrading a Kudo* software product) the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE.

4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, designs, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Kudo* Systems (NZ) Limited. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE PRODUCT, but may be accessed through use of the SOFTWARE PRODUCT, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. Use of any on-line services which may be accessed through the SOFTWARE PRODUCT may be governed by the respective terms of use relating to such services. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this EULA are reserved by WebTools and its Partners (including Kudo* Systems (NZ) Limited).

5. DUAL-MEDIA SOFTWARE PRODUCT. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium You receive, You may use only one medium that is appropriate for the COMPUTER. You may not install or use the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of an authorised permanent transfer of the SOFTWARE PRODUCT as described under the Section "Software Product Transfer."

6. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is not provided by WebTools, Kudo* Systems (NZ) Limited, or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support telephone 0900 number provided in the documentation for the HARDWARE (or online under support). Should You have any questions concerning this EULA, or if You desire to contact Manufacturer for any other reason, please refer to the address provided in the documentation.

7. NOTE ON JAVA TECHNOLOGY. The SOFTWARE PRODUCT may contain support for programs written in JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has required the inclusion of this disclaimer.

8. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR WITH OR IN THE SOFTWARE PRODUCT. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.


EXPRESS LIMITED WARRANTY

CONSUMER RIGHTS. Consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which certain liability may not be excluded.

LIMITED EXPRESS WARRANTY. Manufacturer warrants that: (a) the SOFTWARE will perform substantially in accordance with the accompanying online Product Manual(s) (where applicable) for a period of 90 days from the date of receipt; and (b) any Kudo* hardware accompanying SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of 1 year from the date of receipt.

CUSTOMER REMEDIES. To the maximum extent permitted under applicable law, Manufacturer's and its supplier’s entire liability and your exclusive remedy under the express warranty is, at Manufacturer's option, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE or Kudo* hardware which does not meet the warranty and which is returned to Manufacturer with a copy of your receipt. The warranty is void if failure of the SOFTWARE or Kudo* hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE and/or Kudo* hardware will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE (and any accompanying hardware supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE (and any accompanying hardware supplied).

EXCLUSION OF LIABILITY/DAMAGES. The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer and/or Kudo* Systems (NZ) Limited (or related company of either) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying Kudo* hardware, software, manuals or written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying hardware, manuals and written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer and/or Kudo* Systems (NZ) Limited (or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials. Manufacturer's and/or Kudo* Systems (NZ) Limited (or related company of either) total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE and/or Kudo* hardware (see note in global Kudo* Terms and Conditions under "Your Rights to Compensation from Us").

This agreement is governed by the laws of New Zealand or, where supplies are made in Australia, by the laws of Australia.