Time Limited Limited - Collaboration End User License Agreement Virtual Organisation

Please read this license carefully before using any TimeLimited Limited (TLL) licensed TLL Tools. By using selected licensed TLL Tools you are agreeing to the terms of this License granted to you by TLL. If you do not agree with the terms of this license, do not use the licensed TLL Tools and contact your supplier for a refund (less transaction costs).

TLL holds the sole and exclusive rights to license, sell or otherwise provide material collectively known as the TLL Tools that have been developed by TLL or its associates and incorporate various concepts, intellectual property, trademarks, business practices, agreements, documents, presentations, software, website design, website functionality and other material pertaining to the setup and operation of a Virtual Organisation (VO).

2. LICENSE TO USE

In consideration of the initial licence fee for the selected licensed TLL Tools paid to TLL in accordance with the prevailing TLL terms of trade by you, the Licensee, TLL grants you a non exclusive Licence to Use the licensed TLL Tools you select in accordance with the following TLL Conditions of Use for Licensed TLL Tools:

The TLL Tools contain copyrighted material, objects, trade secrets and other proprietary material. In order to protect them, except as allowed under the terms of the License to Use granted by TLL, you may not reverse engineer, copy or duplicate any component of the licensed TLL Tools in any way.

4. Termination:

This License is effective until terminated by either party. You may terminate this License at any time. This License will terminate immediately without notice if you fail to comply with any term of this License. Upon termination, you must immediately cease using the licensed TLL Tools, delete any and all instances of the licensed material from your systems and destroy all related documentation and copies thereof.

5. Disclaimer of Warranty:

Nothing in this License excludes, restricts or modifies any condition, warranty, right or liability arising under the appropriate consumers' legislation in your country of residence and as otherwise permitted by law where to do so is illegal or would render any provision of this License void. All other warranties, conditions and liability of any kind imposed by statute or by rule of law with regard to the licensed TLL Tools, including, with limitation, any implied warranty or condition of merchantability or fitness for a particular purpose are hereby excluded. TLL does not warrant that the function contained in the licensed TLL Tools will meet your requirements, that operation will be uninterrupted or error free or that any defects will be corrected.

6. Limitation of Remedies:

In no event will TLL be liable to you for any loss of profits, lost savings or other incidental, special or consequential damages arising out of the use of or inability to use the licensed TLL Tools even if TLL has been advised of the possibility of such damages, or for any claim by any other party. Insofar as liability pursuant to any legislation may not be excluded, TLL's liability arising out of any claim for damages for any cause whatever will under no circumstances exceed in aggregate the total amount of the sums actually paid by the Licensee to TLL for the right to use the goods or services that gave rise to the claim.

7. Controlling Law and Severability:

This License is governed by the laws of New Zealand. If a court of competent jurisdiction finds any provision of this License, or portion to be unenforceable, the remainder of this License will continue in full force and effect.

8. Complete Agreement:

This License constitutes the entire agreement between the parties with respect to the licensed TLL Tools and supersedes all prior understandings. No amendment to this License will be binding unless in writing and signed by a duly authorised representative of TLL.