The FeedPlan Pro website ( Website) is owned and operated by the Dexcel and Agricultural Software Limited.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING any part of the website or the information, software or material contained in the w ebsite , YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENCE AGREEMENT ("EULA"). This EULA is a legal agreement between you (either an individual or a single entity) and the owners ("DEXCEL" and Agricultural Software Limited) of the Website and associated software products.
SOFTWARE PRODUCTs means the computer software referred to as FEEDPLAN PRO together with the associated media, printed materials, and any online or electronic documentation, and SOFTWARE shall have the same meaning.
This EULA is valid and grants the end-user license rights only if the SOFTWARE PRODUCT is genuine and a genuine certificate of registration for the software product is provided with the software product, registering you as the end user.
Any software provided along with the software product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
If you do not accept all the terms of this EULA, you must exit the website and not COPY, DOWNLOAD, or install any of the website or SOFTWARE. You must not use or copy all or any part of the SOFTWARE PRODUCT and must contact DEXCEL immediately for instructions on return of the unused SOFTWARE PRODUCT and on any refund to which you may be entitled.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Software Installation and Use. You may only install, use, access, display and run one (1) copy of the SOFTWARE PRODUCT on up to two (2) COMPUTERS.
* Storage/Network Use. The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"). Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and internet information services of the SOFTWARE PRODUCT, if included.
* Back-up Copy. You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.
* Reservation of Rights. Dexcel and Agricultural Software Limited and its suppliers reserve all rights not expressly granted to you in this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Additional Software. Any SOFTWARE PRODUCT provided to you by Dexcel and Agricultural Software Limited, which updates or supplements the original SOFTWARE PRODUCT is governed by this EULA unless alternative terms are provided with such updates or supplements.
* Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product for installation on two computers. Its component parts may not be separated for use on more than two computers. These computers must be part of your business.
* Single EULA. The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use two (2) copies of the SOFTWARE PRODUCT.
* Rental. You may not rent, lease or lend the SOFTWARE PRODUCT to another user.
* Software Product Transfer. You may not transfer any or all of your rights under this EULA as part of a permanent sale or transfer of the SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights, Manufacturer or DEXCEL and Agricultural Software Limited may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
* Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Dexcel and Agricultural Software Limited.
3. UPGRADES
If the SOFTWARE PRODUCT is labelled as an upgrade, you must be properly licensed to use a product identified by Dexcel and Agricultural Software Limited as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements the Eligible Product. After upgrading, you may no longer use the SOFTWARE PRODUCT that formed the basis for your upgrade eligibility. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than two computers.
4. COPYRIGHT
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Dexcel and Agricultural Software Limited. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Dexcel and Agricultural Software Limited.
5. DUAL-MEDIA SOFTWARE PRODUCT
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user (as provided above) of the SOFTWARE PRODUCT.
6. DURATION
The EULA is for indefinite term, provided that DEXCEL and Agricultural Software Limited may immediately terminate the EULA on written notice if you breach any provision of the EULA. Upon termination, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
6. PRODUCT SUPPORT
PRODUCT SUPPORT FOR THE SOFTWARE PRODUCT IS PROVIDED BY DEXCEL And Agricultural Software Limited OR IT'S AFFILIATES OR SUBSIDIARIES. FOR PRODUCT SUPPORT, PLEASE REFER TO DEXCELS SUPPORT NUMBER PROVIDED IN THE DOCUMENTATION. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, OR IF YOU DESIRE TO CONTACT DEXCEL FOR ANY OTHER REASON, PLEASE REFER TO THE ADDRESS PROVIDED IN THE DOCUMENTATION FOR THE SOFTWARE PRODUCT.
7. EXPORT RESTRICTIONS
This SOFTWARE PRODUCT is for use in New Zealand by and on behalf of New Zealand dairy farmers, for their operations within New Zealand . There is no support offered to users living outside of New Zealand . The following terms apply: You agree that you will not export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, person or entity. WARRANTY AND SPECIAL PROVISIONS
EXPRESS LIMITED WARRANTY
CONSUMER RIGHTS. CONSUMERS MAY HAVE THE BENEFIT OF CERTAIN RIGHTS OR REMEDIES PURSUANT TO THE CONSUMER GUARANTEES ACT IN NEW ZEALAND , IN RESPECT OF WHICH CERTAIN LIABILITY MAY NOT BE EXCLUDED.
LIMITED EXPRESS WARRANTY. Dexcel and Agricultural Software Limited warrants that:
(a) The SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 30 days from the date of receipt.
CUSTOMER REMEDIES. To the maximum extent permitted under applicable law, the entire liability of Dexcel and Agricultural Software Limited and your exclusive remedy under the express warranty is, at the option of Dexcel and Agricultural Software Limited, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE which does not meet the warranty and which is returned to Dexcel with a copy of your registration. The warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Consumer Guarantees Act in New Zealand , in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Dexcel and Agricultural Software Limited, to either (a) replacement of the SOFTWARE; or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE corrected.
EXCLUSION OF LIABILITY/DAMAGES. THE FOLLOWING IS WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE AT LAW WHICH CANNOT LEGALLY BE EXCLUDED OR RESTRICTED. YOU ACKNOWLEDGE THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE OR GIVEN BY Dexcel and Agricultural Software Limited TO ANY PERSON OR COMPANY ON ITS BEHALF IN RELATION TO THE PROFITABILITY OF OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM THE DELIVERY OR USE OF THE SOFTWARE, MANUALS OR WRITTEN MATERIALS. YOU HAVE RELIED UPON YOUR OWN SKILL AND JUDGEMENT IN DECIDING TO ACQUIRE THE SOFTWARE, MANUALS AND WRITTEN MATERIALS FOR USE BY YOU. EXCEPT AS AND TO THE EXTENT PROVIDED IN THIS AGREEMENT, Dexcel and Agricultural Software Limited WILL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT OR CONSEQUENTIAL LOSS) ARISING OUT OF THE USE OR INABILITY TO USE OR SUPPLY OR NON-SUPPLY OF THE SOFTWARE AND WRITTEN MATERIALS. The TOTAL LIABILITY of Dexcel and Agricultural Software Limited UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
This agreement is governed by the laws of of New Zealand. |
