END USER LICENSE AGREEMENT
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE IFL STATUS REPORTS (“SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON TRANSFERABILITY WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. BY INSTALLING AND (CONTINUOUSLY) USING THE IFL SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND NEW VERSIONS HEREOF.
DEFINITIONS
"Software" means (a) all of the contents of the files or other media with which this Agreement is provided, including but not limited to
(i) IFL or third party computer information or software;
(ii) related explanatory written materials or files ("Documentation"); (b) upgrades, modified versions, updates, additions, and copies of the Software. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
Software License
As long as you comply with the terms of this Software License Agreement (this "Agreement"), IFL grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
General Use: You may Use a copy of the Software on your compatible computer.
No Modification: You may not alter or modify the Software or create new adaptations for the Software. The Software is licensed and distributed by IFL for commercial use. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement, which uses or relies upon the ‘IFL’ software in any way.
INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by IFL to make are the intellectual property of, and are owned by IFL. The Software is protected by copyright, including international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested IFL to provide the information necessary to achieve such operability and IFL has not made such information available.
IFL has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by IFL or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to IFL Management.
Trade names and or Trademarks ("hereafter Trademarks") shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by IFL. For the purposes of accessing the Website, the Codes remain the property of IFL and may be cancelled or suspended at any time by IFL in its discretion without any notice or liability to you or any other person.
IFL is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. IFL may act upon any communication that is given with the use of Codes. IFL may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if IFL is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement.
PERMISSIONS TO UTILIZE
Permission to utilize your computer. In order to receive the benefits provided by the IFL Software, You hereby grant permission for the IFL Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between you and IFL server.
Protection of Your computer (resources). You understand that the IFL Software will use its commercially reasonable efforts to protect the privacy and integrity of your computer resources and your communication; however, you acknowledge and agree that IFL cannot give any warranties in this respect.
CONFIDENTIALITY & PRIVACY
IFL’s Confidential Information: You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding IFL, its Affiliates, the IFL Staff and the IFL Software.
COMMUNICATION & YOUR USE OF SOFTWARE
No Warranties: IFL cannot guarantee that you will always be able to navigate with third-party websites, nor can IFL guarantee that you can communicate without disruptions, delays or other related flaws. IFL will not be liable for any such disruptions, delays or other omissions experienced when using IFL Software.
Lawful purposes: You acknowledge and agree to use the IFL Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any information which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the IFL Software or anything related, or (c) send any unsolicited commercial communication not permitted by applicable law.
NO WARRANTY
The Software is being delivered to you "AS IS" and IFL makes no warranty as to its use or performance. IFL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, IFL AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT WILL IFL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN IFL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IFL’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
DISCLAIMER
THE FOREGOING NO WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR IFL'S OR ITS SUPPLIER'S BREACH OF WARRANTY. IFL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
GOVERNMENT LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of New Zealand. Any dispute between you and IFL or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of law in Dunedin, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. A writing signed by an authorized officer of IFL may only modify this Agreement. IFL may license updates to you with additional or different terms. This is the entire agreement between IFL and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE IFL SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO IFL THE RIGHTS SET FORTH HEREIN.