|
|
Terms of use |
|
YOUR RIGHT TO USE THE PRODUCT DELIVERED IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT. USING THIS PRODUCT SIGNIFIES YOUR AGREEMENT TO THESE TERMS. CUSTOMER should carefully read the following terms and conditions before using the software program(s) contained herein (the “Software”). Using the Software indicates CUSTOMER’S acceptance of these terms and conditions. If CUSTOMER does not agree with the terms of this agreement, CUSTOMER should stop using the Software. Online Latitude Technology P/L (“OLT”) grants, and the CUSTOMER accepts, a nontransferable and nonexclusive License to use the Software on the following terms and conditions: |
||
| 1. RIGHTS TO USE THE SOFTWARE | ||
|
The Software is licensed for use only in delivered code form. Each copy of the Software is licensed for use only on a single URL. The use of the software on additional URLs without authorization from OLT shall cause this license to terminate. The CUSTOMER may modify or alter the Software provided that the modification/alteration is made for the CUSTOMER's own use. The CUSTOMER is not allowed to distribute the software, in whole or in part without authorization from OLT. |
||
| 2. COPYRIGHT | ||
| The Software (including any source
codes, images, photographs, animations, video, audio, music and text incorporated
into the Software) as well as any accompanying written materials (the “Documentation”)
is owned by OLT, is protected by Australia copyright laws and international
treaties, and contains confidential information and trade secrets. CUSTOMER
agrees to protect the confidentiality of the Software and Documentation.
CUSTOMER agrees that it will not provide a copy of this Software or Documentation
nor divulge any proprietary information of OLT to any person, other than
its employees, without the prior consent of OLT; CUSTOMER shall use its
best efforts to see that any user of the Software licensed hereunder complies
with this license. |
||
| 3. TERMINATION | ||
| Without prejudice to any other rights, OLT may terminate your license to use this Software if you fail to comply with the terms and conditions of this document. In such event, you must destroy all copies of the Software and all of its component parts. | ||
| 4. LIMITED WARRANTY | ||
| OLT warrants solely that the medium
upon which the Software is delivered will be free from defects in material
and workmanship under normal, proper and intended usage for a period of
one (1) month from the date of purchase. OLT does not warrant the use of
the Software will be uninterrupted or error free, nor that program errors
will be corrected. This limited warranty shall not apply to any error or
failure resulting from (i) machine error, (ii) Customer's failure to follow
operating instructions, (iii) negligence or accident, or (iv) modifications
to the Software by any person or entity other than OLT. In the event of
a breach of warranty, Customer’s sole and exclusive remedy, is repair
of all or any portion of the Software. If such remedy fails of its essential
purpose, Customer’s sole remedy and OLT’s maximum liability shall
be a refund of the paid purchase price for the defective Software only.
This limited warranty is only valid if OLT receives written notice of breach
of warranty within thirty days after the warranty period expires. |
||
| 5. LIMITATION OF WARRANTIES AND LIABILITY | ||
| THE SOFTWARE AND DOCUMENTATION ARE
SOLD “AS IS” AND WITHOUT ANY WARRANTIES AS TO THE PERFORMANCE,
MERCHANTIBILITY, DESIGN, OR OPERATION OF THE SOFTWARE. NO WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE IS OFFERED. EXCEPT AS DESCRIBED IN SECTION 4. ALL
WARRANTIES EXPRESS AND IMPLIED ARE HEREBY DISCLAIMED.
OLT SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF DATA OR USE OF DATA, INTERRUPTION OF BUSINESS NOR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER OR ARISING OUT OF, OR IN ANY RELATED TO THIS AGREEMENT, HOWEVER, CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. |
||