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End-User Licence AgreementFor a licence of Leapfrog® Aspect SoftwareEffective Date: April 1st 2016IMPORTANT - READ CAREFULLY:THE LICENSOR, ARANZ GEO LIMITED (ARANZ GEO), IS WILLING TO GRANT THE LICENSEE (YOU), A LICENCE TO USE THE LEAPFROG® ASPECT SOFTWARE AND ANY ACCOMPANYING ELECTRONIC MEDIA (THE SOFTWARE) ONLY IF YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY, BECAUSE USING THE SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE THAT YOU ARE USING IT ON THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR PLEASE REMOVE, DELETE AND UNINSTALL THE SOFTWARE, AS APPROPRIATE.
Upon your acceptance of the terms of this Agreement, ARANZ GEO grants you a non-exclusive, non-transferable licence to use the Software in accordance with this Agreement. “Use” of the Software means loading, installing, or running the Software on a single, designated mobile device. The licence does not transfer ownership of the Software to you; ownership will always remain with ARANZ GEO or its licensors.
This licence is valid only for use in viewing ARANZ Geo Viewer files. You must not: (a) translate, adapt, reverse-engineer or modify the Software, or do anything to circumvent the operation of Software; (b) separate any component part of the Software; (c) lend, rent, lease, transfer, assign or otherwise deal in the Software or your rights under this Agreement.
You acknowledge that the Proprietary Rights in the Software are vested in ARANZ GEO or its licensors and you will not dispute such ownership. For the purposes of this Agreement, “Proprietary Rights” means all property in the Software and rights to patents, licences, trademarks, trade names, inventions, trade secrets, copyright and know-how relating to the origin, manufacture, programming, operating and/or servicing of the Software and any enhancements or modifications of the Software. You must maintain all intellectual property notices appearing on the Software and must not remove the same. You must notify ARANZ GEO immediately in writing if you know of any circumstances that suggest that any person may have unauthorised knowledge, possession or use of the Software.
The Software is licensed to you “as is” and all representations or warranties (statutory, express or implied except any which may not lawfully be excluded) are expressly excluded. Without prejudice to the generality of the foregoing, the implied warranties of merchantability and fitness for a particular purpose are excluded. You acknowledge that the Software operates in a predictive manner relative to input of which ARANZ GEO has no control over the collection, use or interpretation, and you agree to accept the entire risk as to the use and the results of the use of the Software in the terms of correctness, accuracy, reliability and performance. Further, you assume all risk that the mobile device upon which you install the Software meets the Software’s minimum specifications, and all risk of any conflict between the Software and other software on your mobile device.
You agree that we may, through the Software, monitor the computer environment metrics that you use, so that we can provide you with support and upgrades (where applicable) and protect against piracy.
You will indemnify ARANZ GEO against all claims, proceedings, demands, costs, losses and damages resulting from your use of the Software or a breach of your obligations under clauses 2 and 3. ARANZ GEO will not be liable under the law of tort, contract or otherwise for any direct, indirect or consequential loss or damage, including any loss of profits, however caused, arising out of the use of the Software. If any limitation of liability in this Agreement is invalid for any reason and ARANZ GEO becomes liable for loss or damage that would otherwise have been excluded, such liability will be limited to the total amount paid or payable by you for licences of ARANZ Geo software products in the 12 months prior to the time the liability arises.
ARANZ GEO may terminate this Agreement and your licence to use the Software immediately at any time. Immediately following termination of this Agreement you must uninstall and/or destroy all copies of the remaining Software in whatever form possessed by you, and ARANZ GEO shall have the right to block your access to and use of the Software.
You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of ARANZ GEO.
This Agreement constitutes the entire agreement of ARANZ GEO and you with respect to the subject matter hereof and supersedes any and all prior negotiations and agreements between us. This Agreement may be revised by ARANZ GEO from time to time, and any download of the Software by you will be deemed to be your agreement to all the terms and conditions of this Agreement in its most current form. No variation to the terms of this Agreement by you will be binding on ARANZ GEO unless it is in writing and signed by both parties.
This Agreement is subject to the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.