ANSWER PATH End User License Agreement
SINGLE END USER LICENCE AGREEMENT FOR HINDIN SOLUTIONS LTD Answer Path SOFTWARE.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE CAREFULLY BEFORE PURCHASING AND USING THE SOFTWARE. HINDIN SOLUTIONS LTD (“HINDIN”) IS WILLING TO LICENCE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENCE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND HINDIN. BY CLICKING THE “ACCEPT” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR INSTALLING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT ACCEPT” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL.
(a) The software and documentation that accompanies this licence (collectively the “Software”) is the property of Hindin, and is protected by copyright law. While Hindin continues to own the Software, You will have certain rights to use the Software after Your acceptance of this licence. This licence governs the specific version including the demonstration version You have purchased and any revisions supplied by Hindin in the under taking of fixing of warrantable defects. Your rights and obligations with respect to the use of this Software are as follows.
(b) Provided you have paid the applicable licence fee and comply with the terms of this licence, Hindin grants you the right to:
1. Use one copy of the Software on a single computer OR install the software on a shared resource (such as a Terminal Server) providing each User has a licence;
2. Make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
3. After written notice to Hindin, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this licence; and
4. Use the Software in accordance with any additional permitted uses set forth below.
(c) You do not have the right to:
1. Copy any documentation that accompanies the Software, or publish for public viewing any documentation that accompanies the Software;
2. Sublicence, rent, or lease any portion of the Software
3. Use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
4. Use a previous version or copy of the Software and upon upgrading the Software You must destroy or delete all copies of the prior version;
5. Use a later version of the Software than is provided pursuant to this licence unless You have purchased an upgrade package or have otherwise separately acquired the right to use such later version;
6. Remove any Answer Path generated links or logos in the HTML output that reference the Answer Path website or brand.
7. Use the Software in any manner not expressly permitted by this licence.
You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
You shall bear sole responsibility for the backup and recovery of any data stored in or related to the Software.
4. No acceptance of risk
You acknowledge that the accuracy of the Software outputs will depend in part on the completeness and accuracy of the information you input to the Software. Hindin bears no responsibility whatsoever for the Software outputs or for your reliance on those outputs. Hindin cannot guarantee the accuracy or reliability of the Software outputs and you acknowledge that You use the Software entirely at your own risk.
5. Limited Warranty:
Hindin does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. Hindin warrants only that the Software will perform substantially in accordance with the functionality described in the user guide that accompanies the Software for a period of 1 year, provided that the Software has been installed correctly (including installed in the operating environment recommended in the documentation accompanying the Software), is used correctly in the recommended operating environment and is not modified in any way. In the event of the Software being found to not perform in such a manner then Hindin will refund the licence fee paid for the Software less an administration fee.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
6. Limitation of liability and disclaimer of damages:
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENCE FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL HINDIN BE LIABLE TO YOU FOR ANY REASON WHATSOEVER FOR ANY COSTS OR DAMAGES OF WHATEVER NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF HINDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT THE LIMITATION ABOVE DOES NOT APPLY TO AN EVENT OR EVENTS, IN NO CASE SHALL HINDIN’S LIABILITY EXCEED THE LICENCE FEE PAID BY YOU IN RELATION TO THE SOFTWARE.
7. This Agreement shall immediately terminate upon Your breach of any term contained in this licence and You shall immediately cease use of and destroy all copies of the Software..
(a) This agreement shall be governed by and construed in accordance with New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts. This clause is included for the sole benefit of Hindin and Hindin may waive this clause at its sole discretion.
(b) This Agreement is the entire agreement between You and Hindin relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.
(c) Any unlawful or voidable provision in this licence shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from this licence without affecting the validity, legality or enforceability of the remaining provisions, provided that such reading down or severing does not materially affect the purpose of or frustrate this licence.
(d) The disclaimers of warranties and damages and limitations on liability shall survive termination.
(e) This Agreement may only be modified by in writing signed by both You and Hindin.
(f) If You wish to contact Hindin for any reason please visit our website: www.hindin.co.nz or use our Contact Form.