Collaboroom Tutor or Consultant Version as a Hosted Online Service

1. Accept License

Please read the following license carefully before making your purchase. You must accept this license in order to purchase this product.

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COLLABOROOM TUTOR OR CONSULTANT VERSION HOSTED ONLINE SERVICE LICENSE for use of the Tutor or Consultant Version of Collaboroom via the Hosted Online Service. End-User License Agreement IMPORTANT NOTICE - READ CAREFULLY: This is a legal agreement between you, the end user, (either an individual or an entity), and Net Design Ltd ("NET DESIGN") for the software product Flash Whiteboard ("Software"). This license ("License") contains rights and restrictions associated with use of the accompanying Software including, but not limited to, one or more of the following: source code, object code, dynamic link libraries, static libraries, classes, byte code, header files, utility programs, makefiles, swf files, fla files, images and scripts together with the accompanying documentation and examples. Read the License carefully before downloading, opening the zip file, installing or using the Software. By downloading, opening the zip file, installing or using the Software you agree to be bound by the terms and conditions of this License. If you do not agree to the terms of this Agreement, do not download, open the zip file, install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. 1. Limited License Grant. Subject to payment of any applicable license fees, NET DESIGN grants to you ("Licensee") a non-exclusive, non-transferable limited license to use the Software only as authorized below. The software is provided as a hosted online service. A single room is provided with features as per the pricelist found on the website www.collaboroom.com. This software is licensed per organisation and domain name URL combination. This means that for each organisation and URL combination you must purchase a separate license. You may use the Software on a single domain you own and control. You are NOT allowed to use the software on more than one domain or as a centralized management system for use by multiple domains or organisations. Except for the foregoing, Licensee may not re-distribute the Software in whole or in part, either separately or included with a product. You may: install the Software on any single computer used for development purposes; install the Software on any single computer used for production purposes; copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. All Additional copies of Software must be purchased directly from NET DESIGN. 2. Restrictions. The Software is confidential copyrighted information of NET DESIGN and title, ownership rights, and intellectual property rights in the Software and to all copies is retained by NET DESIGN. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. You may not: install the Software on more than a single development computer; install the Software on more than a single production computer; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on the Software; copy the Software other than as specified in Section 1 of this License; sell, rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or alter or remove any proprietary notices or labels on the Software. Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. Licensee warrants that it will not use or redistribute the Software for such purposes. 3. Trademarks and Logos. This License does not authorize Licensee to use any NET DESIGN or Flash Whiteboard name, trademark, or logo without prior written permission. Licensee acknowledges that NET DESIGN owns all related trademarks, logos and icons. 4. WARRANTY DISCLAIMER. THIS SOFTWARE AND ANY RELATED SERVICES OR DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT NET DESIGN ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. 5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NET DESIGN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NET DESIGN OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE SOFTWARE, EVEN IF NET DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. In no event will NET DESIGN's liability to Licensee, whether in contract, tort (including negligence), or otherwise exceed the total price paid for the software or the annual Service Fee paid to NET DESIGN by Licensee for the twelve (12) months preceding the event giving rise to the claim. No action, whether in contract or tort including but not limited to negligence, arising out of or in connection with this Agreement may be brought by either party more than eighteen (18) months after the cause of action has accrued. 6. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from NET DESIGN if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. 7. Export Regulations. Software, including technical data, is subject to New Zealand export control laws, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. 8. Governing Law. Any action related to this License will be governed by New Zealand law. No choice of law rules of any jurisdiction will apply. 9. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN NET DESIGN'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE LIABILITIES OF NET DESIGN, NET DESIGN AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION, LICENSEE MUST DESTROY ALL COPIES OF THE SOFTWARE. 10. Breach of Agreement. It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of any of the provisions of this Agreement will cause NET DESIGN irreparable damage for which recovery of money damages would be inadequate, and that NET DESIGN will therefore be entitled to seek timely injunctive relief to protect NET DESIGN's rights under this Agreement in addition to any and all remedies available at law. 11. Miscellaneous. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 12. Correspondance. Should you have any questions concerning this Agreement, or if you desire to contact NET DESIGN for any reason, please write: NET DESIGN Ltd., PO Box 13855, Onehunga, Auckland, New Zealand or e-mail: info@netdesign.co.nz.

Important

Please note that orders are processed manually so that our staff may ensure that you receive personal assistance with your order for minimum installation hassels. During week days, we aim to have your order processed within 24 hours. Thank you for your patience. We trust you will appreciate our personal and professional service. [Local Time in New Zealand is currently: Wednesday, 08/Sep/2010 07:35 AM]

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