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SOFTWARE – GENERAL
Last Updated 15 September 2011
DEFINITIONS
"ClickView" means ClickView Pty Limited (ACN 106176 514) and its subsidiaries, ClickView Australia Pty Limited (ACN 140 397 584), ClickView Limited (IRD Number. 101 663 051), ClickView Limited (UK Reg. No. 909 8597 64) and ClickView Limited (Company No. 674471-5)
"Customer" means the person or legal entity identified in ClickView's Quotation or Invoice.
"Contract" means a contract for sale by ClickView to the Customer of the products and/or services incorporating the Terms and Conditions.
"Genuine" means manufactured by or for ClickView
"Purchase date" means the shipping date from ClickView or a Service Agent
"Product" means a Genuine Product supplied new by ClickView
All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that ClickView does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use. All rights, title or interest in respect of the intellectual property rights in the software remain with ClickView or the licensor of the software at all times.
1. Proprietary Rights and Conditions
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, asp, aspx, dll, graphic/image, and text files) are owned by ClickView. Such rights are protected by Australian copyright laws, other applicable copyright laws, and international treaty provisions. ClickView retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from ClickView. ClickView reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in asp/asp.net scripts, this includes any references to ClickView.
2. Licenses
Each copy of the software must have its own (separate) license and be registered with ClickView. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. Individual software licenses are only valid when registered to a domain. This license does not grant any reseller privileges.
3. Warranty
ClickView's exclusive warranty is that Service will be provided in a professional and workmanlike manner and will conform to ClickView's applicable published specifications. ClickView does not warrant that the operation of Service will be uninterrupted or error free.
This warranty extends only to you and may not be assigned to a third party. ClickView’s express warranty is contingent upon the proper use of the Service in accordance with ClickView specifications and instructions. The warranty does not apply to Service failure due to disaster, accident or misuse by you, failure or defect of electrical power or external circuitry, or your inability or difficulty to connect to the Internet.
Except as expressly stated in this section, there are no warranties, express or implied, by operation of law or otherwise, of services sold or furnished under this agreement or in connection herewith. ClickView disclaims all implied warranties of merchantability and fitness for a particular purpose. ClickView's express warranties will not be enlarged, diminished or affected by, and no obligation or liability will arise out of, ClickView rendering technical or other advice in connection with the service. In no event will ClickView be liable for any delay in furnishing services.
You understand and agree that the services and the software are provided "as is". ClickView makes no warranty or representation regarding the results that may be obtained from the use of the services or software, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the Services and Software is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services or software. The entire risk arising out of the use or performance of the software remains with you.
You agree to indemnify, defend and hold harmless ClickView, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. In that event, such warranties are limited to the minimum warranties allowed by the applicable law.
4. Limitation of Liability
Except to the extent prohibited by local law, in no event will ClickView., or its employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
5. Return Policy
Should you experience a problem with any purchased software, ClickView offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
6. Installation
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. ClickView does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
7. Optional Installation Services
If you have purchased the optional installation service, ClickView will install the software onto your web server. Our technicians will then test the online storefront and web admin. Installation includes basic configuration only, unless stated in writing prior to installation. We will not setup your items, categories, payment gateways, or any other elements. After we determine that the installation was successful, technical support is provided at the current technical support department hourly rate. By accepting our services, you acknowledge that ClickView is not responsible for any web hosting monthly fees, setup fees, or any other fees associated with the use or installation of our software or scripts. While we will make every attempt to safeguard data during installation or service, we do not assume responsibility for loss of data. Hard disks and all data on your server should be backed up on a regular basis and should always be backed up before ClickView is called for service or installation. We are not responsible for any loss of data.
8. General Disclaimer
ClickView neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. ClickView., it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
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