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<?xml version="1.0" encoding="iso-8859-1"?>
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<title>Untitled Document</title>
</head>
<body>
<h1>iHostNZ Commercial Software License</h1>
<p>Version 1.0</p>
<p>Please read this license carefully before using the software. By using the software, you are agreeing to be bound by the terms of this license.</p>
<p>END USER LICENSE AGREEMENT</p>
<p>iHostNZ provides the computer software, documentation, and source code in this product ('Licensed Software') and licenses its use to the party ("You") who purchases and uses this product, as follows:</p>
<p>BINARY LICENSE. You have the non-transferable right to use one (1) copy, on one (1) single computer system or network, with the number of seats specified on the original invoice, of Licensed Software internally for Your own research and development or other business purposes. You must purchase a license for each developer that will be using the Licensed Software. Licenses are non-<wbr>transferable.</p>
<p>You may make one machine readable copy of the Licensed Software for backup purposes. You may not otherwise copy the Licensed Software or any of its documentation in printed form. You must, as a condition of Your license under this Agreement, reproduce and include all copyright and other proprietary notices on the backup copy.</p>
<p>You may not transfer possession of Licensed Software, whether in part or in whole, to other parties. You may not copy enclosed documentation or distribute them to other parties. You may not modify Licensed Software or disassemble it for the purpose of obtaining the source code. You agree not to "reverse engineer" the Licensed Software or any portion of it or to permit such reverse engineering or otherwise reduce the Software to a human-perceivable form.</p>
<p>SHAREWARE LICENSE. If this software has been provided to You as "shareware", then this license is restricted as follows: You may use this software only to the extent necessary to determine whether it is fit for Your needs. This evaluation period is limited to 30 days after your initial receipt of the software. If you decide to continue using the software beyond this period, you must purchase the number of licenses as required under the terms of the BINARY LICENSE.</p>
<p>RUN-TIME LIBRARY LICENSE. The licensed material covered by this agreement may include a set of designated modules (the "Run-Time Library"), all or a portion of which may be linked with modules produced from your own sources to become an integral part of an executable program. You may use and market such executable programs without the payment of any additional license fees, provided that you indemnify and hold iHostNZ and its suppliers harmless from any and all claims arising out of the sale, license, or any other use of such programs. Any failure to provide this indemnity voids your license to use or redistribute the Run-Time Library. You may not modify, network, rent, lend, loan, distribute or create derivative works or additional Run-Time Libraries that will give end users of the derivative product programmatic access to the same or similar features as the original Run-Time Libraries.</p>
<p>SOURCE CODE. At iHostNZ's sole discretion, a portion of the this software may be provided in source code form, constituting proprietary information of iHostNZ. If provided, You may use these sources to customize the software for Your particular needs, or simply as supplementary documentation, but You may not distribute the sources in either their original or modified form.</p>
<p>RESTRICTIONS ON DISCLOSURE. You agree to use reasonable efforts, and to take the same precautions that You take to protect your own computer programs and other information of similar value that You do not wish to have disclosed or disseminated to others, to avoid disclosure or dissemination of any part of the Licensed Software, its documentation, or its source, to any third party by You and Your employees, agents or consultants (if any). These restrictions will not apply to any information that becomes publicly known, through no fault or breach on Your part, that iHostNZ regularly provides third parties without restrictions on disclosure or that you receive from a third party rightfully and without restriction on disclosure.</p>
<p>OWNERSHIP. You agree that iHostNZ has and will retain all ownership rights in the Licensed Software and its documentation and all related patents, copyrights, trademarks, service marks, and other proprietary rights, and that You will have no interest in the Licensed Software and its documentation except the limited license provided under this Agreement.</p>
<p>NO OTHER LICENSE. No rights or licenses are granted by iHostNZ under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret, or other intellectual property right owned or controlled by iHostNZ, except as expressly provided in this License.</p>
<p>TERMINATION. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from iHostNZ if You fail to comply with any provision of this License. Upon termination You must destroy the Software, related documentation and all copies thereof which are in your possession or under Your control.</p>
<p>GOVERNMENT END USERS. If You are acquiring the Software on behalf of any unit
or agency of the New Zealand Government, the following provisions apply. The
Government agrees the Software and documentation were developed at private expense
and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by
the Government is subject to restrictions as set forth in New Zealand law, its
successors or applicable agency rights in technical data or computer software.
In the event that this License, or any part thereof, is deemed inconsistent
with the minimum rights identified in the Restricted Rights provisions, the
minimum rights shall prevail.</p>
<p>DISCLAIMER OF WARRANTY ON SOFTWARE. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and iHostNZ expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. iHostNZ does not warrant that the features contained in the software will meet Your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. The entire risk as to the results and performance of the software is assumed by You. Furthermore, iHostNZ does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by iHostNZ or iHostNZ's authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, You (and not iHostNZ or iHostNZ's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.</p>
<p>LIMITATION OF LIABILITY. Under no circumstances including negligence, shall iHostNZ, or its directors, officers, employees or agents, be liable to You for any incidental, indirect special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use, misuse or inability to use the software or related documentation, breach or default including those arising from infringement or alleged infringement of any patent trademark, copyright or other intellectual property right by iHostNZ, even if iHostNZ or iHostNZ's authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You. iHostNZ will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall iHostNZ's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.</p>
<p>CONTROLLING LAW AND SEVERABILITY. This License shall be governed by and construed under the laws of of Reno, Nevada. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.</p>
<p>COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of iHostNZ.</p>
</body>
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