This License Agreement (“the Agreement”) is a binding legal agreement between you and Storman Software Limited, Owner and developer of Storman software. By installing this software, you (the end owner/user/purchaser of the Storman software) agree to be bound by the terms of this Agreement.
Your agreement constitutes an acknowledgment that you have read this Agreement, understand it, and are bound by its terms and conditions. If you do not agree to the terms and conditions, do not install the Storman software.
1. Grant of Licence
1.1 Storman Software Limited (“the licensor”) grants the purchaser of the Storman software (“the licensee”) the right to use the enclosed Storman software program (the “software”) on a single computer. The licensee may transfer the software to another computer provided that no copies of the software licensed herein are retained for use on any other computer.
1.2 The Licensor may modify the Agreement at any time by posting the revised Agreement at http://go.storman.com/legal/. Your continued use of the Storman software product and/or data derived there from shall constitute your acceptance of such revised Agreement. The Licensor may at any time assign, transfer or novate all or any part of this Agreement (including its rights and obligations) to any other person without the consent of the licensee.
2.1 The software is owned by Storman Software Limited and its suppliers and is protected by New Zealand copyright laws and all other applicable national and international laws. Therefore the licensee must treat the software like any other copyrighted material (e.g. a book) except that you may make copies of the software solely for backup or archival purposes. The licensee may not copy the manual(s) or written materials accompanying the software without the written consent of the licensor.
2.2 For use on more than one computer at a time or for use and/or storage on a network designed for more than one user, you must acquire a special multi-user license from Storman Software Limited and/or its authorised international resellers.
2.3 The Storman software may not be used in a defamatory, scandalous, illegal, misleading, or otherwise unlawful manner and may not be used in or in conjunction with pornographic material.
2.4 The Storman software may not be transferred to third parties through the use of on-line services or networks unless they are the on-line services or networks of authorised resellers.
2.5 The use of any logo or trademark contained in the Storman software must be used in a manner permitted by the logo or trademark owner. This license does not grant you any right to use logos or trademarks.
2.6 You agree to indemnify and hold harmless Storman Software Limited. and all of its officers, directors, employees, subsidiaries, resellers and agents (“Those Indemnified”) for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorneys’ fees, incurred directly or indirectly by Those Indemnified in connection with the use of the Storman software for any unlawful, unauthorized or prohibited purpose.
3. Other Restrictions
3.1 The licensee may transfer their rights to use the software under this agreement to another party, but notification of the transfer must be provided to Storman Software Limited within 30 days of the transfer taking place. The licensee may not reverse engineer, decompile or disassemble the software.
4.1 The Licensee acknowledges that due to circumstances beyond Storman Software Limited. and its affiliates, reasonable control factors may introduce themselves to the software and hardware systems that make it impossible for the Storman software to be supported by Storman Software Limited. and its affiliates. The licensee acknowledges and agrees that in such circumstances, and at the sole discretion of Storman Software Limited. and its affiliates, the Storman software will be restored to a previous state using a backup. This backup will be ongoing from the time of installation and will be mandatory for any support rendered under this agreement, regardless of the support plan or product the licensee has purchased, and further is the sole responsibility of the licensee to ensure that this backup is done regularly, tested for validity and available at the time of restore in order to facilitate a timely resumption of Storman software availability. If this backup requirement is NOT met then Storman Software Limited. and its affiliates will IN NO CASE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR IN THE CASE OF THE LICENSEE HAVING NO VALID BACKUP.
5. Limited Warranty
5.1 The software program is provided without any express or implied warranties whatsoever. Because of the diversity of conditions and hardware under which this program may be used, no warranty of fitness for a particular purpose is offered.
5.2 To the full extent permitted by the National, Commonwealth, State, Territory or other law or laws applicable to this agreement, any conditions or warranties imposed by such legislation are hereby excluded. Insofar as liability under or pursuant to any such legislation may not be excluded, such liability is limited to:
(i) replacement of the software, (ii) correction of defects in the software, (iii) full refund of the purchase price of the licence to use the software within 45 days of purchase being the date this agreement is signed;
at the sole and exclusive option of Storman Software Limited.
5.3 The licensee acknowledges that no promise, representation or warranty or undertaking has been made or given by Storman Software Limited or any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the use of the software , manuals and other written materials. The licensee has relied upon their own skill and judgment in deciding to licence and use the software. This agreement constitutes the entire agreement and understanding between the licensee and Storman Software Limited in relation to the supply of software.
5.4 Except as and to the extent that it is herein before provided, under no circumstances shall Storman Software Limited or any related company be liable for any loss, damage, or injury (including without limitation any loss of profit, indirect, consequential, or incidental loss, damage, or injury) arising from the supply or use of the software or any failure by Storman Software Limited or any related company to perform any obligation or observe any terms of the agreement.
5.5 Consumer rights – Consumers in Australia or New Zealand may have the benefit of certain rights and remedies by reason of the Australian Consumer Law or for purchases prior to January 1st 2011 the Trade Practices Act and similar state and territory laws in Australia and the Consumer Guarantees Act in New Zealand in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Storman Software Limited. breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, for such of the Service that comprises services (rather than goods) should we breach any of these consumer guarantees your remedy is limited to receiving the supply of the service again, or the payment of the cost of having the services supplied again. For such of the Service that comprises goods (which includes computer software) the following applies: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In the case of software, the repair of goods may not be practicable, and a replacement will be provided if this is the case.
6.1 This License Agreement will take effect once you have installed and registered the Storman software and paid all license fees that are due and payable for the software. This License Agreement WILL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS LICENSE AGREEMENT; OR (ii) YOUR RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Storman Software Limited. rights and your obligations will survive the termination of this License Agreement. Upon Storman Software Limited. termination of this License Agreement, you will certify in writing to Storman Software Limited. that all copies of the Storman software have either been returned to Storman Software Limited. or otherwise destroyed or deleted.
7.1 The Software may include confidential information that is secret and valuable to Storman Software Limited. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this Licence Agreement. Storman Software Limited. reserves the right to disclose details of the Licence Agreement to third parties for publicity and promotional purposes; and
7.2 You expressly give Storman Software Limited. permission to include and publish Your name and logo on lists of Storman software customers for the Licensed Products; and
7.3 You agree that Storman Software Limited. may send emails to you to provide information and goods and services to you and to let you know about other goods and services in which you may be interested.
7.4 If you do not wish to give Storman Software Limited. permission under Clause 7.2 and/or 7.3, you must notify Storman Software Limited. by the date no later than seven days after the Installation date specifying which permission is not granted.
7.5 Notwithstanding the foregoing, Storman Software Limited. will only process personal information in accordance with the provisions of the New Zealand Privacy Act 1993.