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SOFTWARE AND INTELLECTUAL PROPERTY
TourEvolution owns all intellectual property in the evoSuite Software. TourEvolution permits you to Use the Software only in accordance with the terms of this Agreement.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s), online system(s), or other media with which this agreement is provided, including but not limited to (i) TourEvolution or third party computer information or software; (ii) related explanatory
written materials or files (“Documentation”); and (b) upgrades, modified versions,
updates, additions, and copies of the Software, if any, licensed to you by TourEvolution
(collectively, “Updates”).
“Use” or “Using” means to access or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Permitted Number” means one (1) unless otherwise indicated under a valid license
(e.g. volume license) granted by TourEvolution.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions
As long as you comply with the terms of this Software License Agreement
(this “Agreement”), TourEvolution grants to you a non-exclusive license to use the
Software for the purposes described in the Documentation.
You may use the Software on your compatible computer, up to the Permitted Number
of licenses.
Subject to the terms of this Agreement, TourEvolution must install the solution on their web servers and deliver the solution though the internet. TourEvolution grants to you an unrestricted use of the software and with exception of the intellectual property of the software, the website content belongs to you in accordance with the copyright clause.
You may make a backup copy of the website content, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software.
You may not alter or modify the Software or create a new installer for the Software.
Any modification or integration that would modify the software is strictly prohibited.
The Software allows your organisation and your related parties to access the website backend. TourEvolution grants an unlimited access to the website backend. Access to backend is only supported using latest version of Internet Explorer.
You agree to hold TourEvolution and any applicable software Provider harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any miss-use of any software service, including, without limitation
(a) reliance on an expired or revoked online secured certificate;
(b) improper verification of an online certificate;
(c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law;
(d) failure to exercise reasonable judgment under the circumstances in relying on the software Services; or (e) failure to perform any of the recommendation and/or obligations as required TourEvolution policy.
Under no circumstances will TourEvolution or any related subsidiaries (except as expressly set forth in its issuer statement) be liable to you, or any other person or entity, for any loss of use, revenue or profit, lost or damaged data, or other commercial or economic loss or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use of the software.
The Software and any authorised copies that you make are the intellectual property of and are owned by TourEvolution and its subsidiaries. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of TourEvolution and its subsidiaries. The Software is protected by law, including without limitation the copyright laws of New Zealand and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by TourEvolution.
Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
You shall not modify, adapt or translate the Software. You shall not 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 TourEvolution to provide the information necessary to achieve such operability and TourEvolution has not made such information available. TourEvolution has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by TourEvolution and any information obtained by you by such permitted decompilation 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 the TourEvolution Customer
Support Department.
You may not, rent, lease, sublicense, assign or transfer your rights in the Software,
or authorise all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein.
If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) you acknowledge that any obligation TourEvolution may have to support the previous versions of the
Software may be ended upon availability of the Update.
You agree that the Software will not be shipped, transferred or exported into any country other than the country it is originally sold to. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
This Agreement will be governed by and construed in accordance with the New Zealand laws.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this 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. This Agreement may only be modified by a writing signed by an authorized officer of TourEvolution. Updates may be licensed to you by TourEvolution with additional or different terms. This is the entire agreement between TourEvolution and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
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