END USER LICENSE AGREEMENT FOR clikTOOLZ™ SOFTWARE PRODUCT(s)


clikTOOLZ™ Software Product(s)
For One (1) User

NOTICE TO END USER:

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity)(“You” “User”) and clikTOOLZ™ a division of Design In Mind Limited ("clikTOOLZ™"), which covers your use of the clikTOOLZ™ software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by clikTOOLZ™ or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:

1. GRANT OF NON-EXCLUSIVE LICENSE

(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to install and use the Software Product on a single computer. Each computer that uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.

(b) Grant of License. Subject to a validly issued Software Product License, clikTOOLZ™ grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by clikTOOLZ™.

(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

(d) Backup Copy: Software Product License. You may install each Software Product License on a single computer and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.

2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY CLIKTOOLZ™

The Software Product is protected by international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any trade mark or copyright notices on any copies of the Software Product. This Software Product is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of clikTOOLZ™. clikTOOLZ™ retainsall intellectual property rights, including copyrights, and trademark rights.

3. NO RIGHT TO TRANSFER

You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without clikTOOLZ™'s written approval and subject to written agreement by the recipient of the terms of this EULA.

4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. SUPPORT SERVICES

clikTOOLZ™ may provide you with support services related to the Software Product. Use of any such support services will be governed by the clikTOOLZ™ polices and programs from time to time described in "online" documentation, other clikTOOLZ™-provided materials or othersie advised by clikTOOLZ™. Any supplemental software code or related materials that clikTOOLZ™ provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to clikTOOLZ™ as part of the support services, clikTOOLZ™ may use such information for its business purposes without restriction, including for product support and development. clikTOOLZ™ will not use such technical information in a form that personally identifies you.

6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS

ClikTOOLZ™ reserves the right to monitor compliance with this EULA and to restrict your use of the Software Poriduct and may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

7. REFUND POLICY

Before you purchase, please take time and evaluate the Software Product using our website and make sure that your computer supports the requirements for the Software Product. To the extent permitted by law, refunds will not be given for reasons surrounding the user's lack of knowledge of the functionality, limitations, or restrictions of the Software Product. If you have a question, please contact us before making your purchase. Complete source code is shipped with the Software Product. The digital nature of the Software Product makes it non-returnable.

8. NO WARRANTIES

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND CLIKTOOLZ™ (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS IF ANY) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIKTOOLZ™ (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

9. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL CLIKTOOLZ™ (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CLIKTOOLZ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CLIKTOOLZ™'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

10. ENTIRE AGREEMENT

This instrument contains the entire Agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained.

11. GOVERNING LAW

This EULA is governed by the laws of New Zealand and shall be subject to the jurisdiction of the New Zealand courts.

12. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact clikTOOLZ™ for any reason, please direct all correspondence to:

Mail: PO Box 9326 Greerton, Tauranga, 3112, New Zealand
Email: info@cliktoolz.com