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END-USER LICENSE AGREEMENT FOR FIRESTREAMER-RM

Please read this end-user license agreement ("EULA") carefully. By installing or using Firestreamer-RM, you agree to the terms of this EULA. If you do not agree, do not use Firestreamer-RM.

GENERAL

This EULA is a legal agreement between you (either an individual or a single entity) and Cristalink Limited, New Zealand ("Cristalink"). This EULA governs the Firestreamer-RM computer software and any associated materials. This EULA also applies to any updates, supplements, and Internet-based services components related to Firestreamer-RM that Cristalink may provide or make available to you unless Cristalink provides other terms with the update, supplement, or Internet-based services component.

GRANT OF LICENSE

Cristalink grants you the following limited, non-exclusive rights, subject to your compliance with all the terms of this EULA.

You may use Firestreamer-RM free of charge for evaluation purposes for a single one-time trial period of thirty (30) days after the first installation.

You may use Firestreamer-RM on up to the number of computers owned or leased by you for which you have paid applicable license fees.

You may make copies of Firestreamer-RM solely for archival purposes.

There are technological measures in Firestreamer-RM that are designed to prevent unlicensed or illegal use of Firestreamer-RM. You agree that Cristalink may use those measures.

LIMITED EXPRESS WARRANTY

Provided that you have purchased a valid Firestreamer-RM license, Cristalink guarantees that: (a) Firestreamer-RM will perform substantially in accordance with the written materials that accompany Firestreamer-RM for a period of ninety days from the date of receipt of your license to use Firestreamer-RM or the shortest period permitted by applicable law; and (b) any support services provided by Cristalink shall be substantially as described in applicable written materials provided to you by Cristalink and Cristalink will use commercially reasonable efforts to solve any problem issues.

In the event that Firestreamer-RM fails to comply with this guarantee, Cristalink will either (a) repair or replace Firestreamer-RM or (b) return the price you paid, if any. This guarantee is void if failure of Firestreamer-RM results from accident, abuse or misapplication. Any replacement software will be guaranteed for the remainder of the original guarantee period or thirty days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to Firestreamer-RM and any support services.

To the maximum extent permitted by applicable law and subject to the above guarantee, Cristalink and its suppliers disclaim all other warranties and conditions, either express or implied, including, without limitation, implied warranties of merchantability, fitness for particular purpose, title and non-infringement, with respect to Firestreamer-RM and the provision of or failure to provide support services. Any implied warranties that cannot be excluded by law are limited to ninety days or to the shortest period permitted by applicable law, whichever is greater.

LIMITATION OF LIABILITY

You acknowledge that no promise, warranty, representation or undertaking has been made or given by Cristalink or its suppliers or by any person or company on their behalf in relation to the profitability of or any other consequences or benefits to be obtained from the use of Firestreamer-RM. You further acknowledge that you have relied upon your own skill and judgment in deciding to acquire Firestreamer-RM or related support services.

Without prejudice to any rights you may have at law which cannot legally be excluded or limited, to the maximum extent permitted by applicable law and subject to the above guarantee, Cristalink and its suppliers shall not be liable for any damages whatsoever (including, without limitation, damages for loss of profits, for business interruption, for loss of information, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other indirect, consequential or other loss) arising out of the use or inability to use, or supply, or non-supply, of Firestreamer-RM and any support services, even if Cristalink has been advised of the possibility of such damages. In any case Cristalink's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for Firestreamer-RM.

BUSINESS USE

If you acquired Firestreamer-RM in New Zealand for the purposes of a business as defined in the Consumer Guarantees Act 1993, you confirm that the Consumer Guarantees Act 1993 does not apply.

RESERVATION OF RIGHTS

Firestreamer-RM is protected by copyright and other intellectual property laws. Cristalink or its suppliers own the title, copyright, and other intellectual property rights in Firestreamer-RM. Cristalink reserves all rights not expressly granted to you in this EULA.

Firestreamer-RM is licensed, not sold.

Cristalink reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of Firestreamer-RM.

OTHER RESTRICTIONS

You may not modify, reverse engineer, de-compile or disassemble Firestreamer-RM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent, lease or lend Firestreamer-RM.

CONSENT TO USE OF DATA

You agree that Cristalink may collect and use technical information you provide as a part of support services related to Firestreamer-RM. Cristalink may use this information solely to improve its products and will not use this information in a form that personally identifies you.

ENTIRE AGREEMENT

This EULA is the entire agreement between you and Cristalink related to Firestreamer-RM and it supersedes all previous oral or written communications and agreements with respect to Firestreamer-RM or any other subject matter covered by this EULA. To the extent the terms of any Cristalink policies for support services conflict with the terms of this EULA, the terms of this EULA shall prevail.

SEVERABILITY

If any provision of this EULA is deemed to be void, invalid, unenforceable or unlawful, the other provisions shall continue in full force and effect.

EXPORT RESTRICTIONS

You acknowledge that Firestreamer-RM is subject to New Zealand export jurisdiction. You agree to comply with all relevant international and national laws that apply to Firestreamer-RM.

TRANSFER TO THIRD PARTY

You may make a one-time permanent transfer of Firestreamer-RM to another end user, provided you retain no copies of Firestreamer-RM. The transfer must include all Firestreamer-RM components and this EULA. The transfer may not be by way of consignment or any other indirect transfer. Prior to the transfer, the end user receiving Firestreamer-RM must agree to all the terms of this EULA.

TERMINATION

Without prejudice to any other rights, Cristalink may terminate this EULA if you do not comply with all the terms of this EULA. In such an event you must immediately destroy all copies of Firestreamer-RM.

GOVERNING LAW

This EULA is governed by the laws of New Zealand.

CONTACT INFORMATION

Should you have any questions concerning this EULA, please contact Cristalink using the address information listed on the World Wide Web at www.cristalink.com.

 

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