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26 Sep 11. Reverse Engineering

Posted at 22:41h in by ERIC HOLLAND-WATERSON
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11.1 The Licensee shall not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of conveyIT Maestro. ...

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26 Sep 12. Security

Posted at 22:41h in by ERIC HOLLAND-WATERSON
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12.1 The Licensee shall be responsible for the use, supervision, management and control of conveyIT Maestro. 12.2 The Licensee shall ensure that conveyIT Maestro is protected at all times from misuse, damage, destruction or any form of unauthorised use....

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26 Sep 13. Compulsory Updates and New Releases

Posted at 22:42h in by ERIC HOLLAND-WATERSON
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13.1 CSL is under no obligation under this agreement to provide updates or new releases of conveyIT Maestro. 13.2 Where an update or new release is provided: (a) CSL will deliver and install the update or new release at no additional charge to the Licensee and the Licensee must accept...

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26 Sep 14. Confidentiality

Posted at 22:43h in by ERIC HOLLAND-WATERSON
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14.1 For the purposes of this clause "Confidential Information" means: (a) the design, specification and content of conveyIT Maestro; (b) the personnel, policies, business strategies, business information and client information of either party disclosed under this agreement; and (c) the terms upon which conveyIT Maestro has been supplied...

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26 Sep 15. Intellectual Property Rights

Posted at 22:44h in by ERIC HOLLAND-WATERSON
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15.1 Subject to subclause 2, CSL shall indemnify the Licensee against liability under any final judgment in proceedings brought by a third party against the Licensee which determine that the Licensee's use of conveyIT Maestro software constitutes an infringement in New Zealand of any intellectual...

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26 Sep 16. Implied Terms

Posted at 22:45h in by ERIC HOLLAND-WATERSON
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16.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded. 16.2 Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application...

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26 Sep 17. Liability of CSL

Posted at 22:46h in by ERIC HOLLAND-WATERSON
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17.1 Except in relation to liability for personal injury (including sickness and death), or as otherwise set out in this Agreement, CSL shall be under no liability to the Licensee in respect of any loss or damage (including consequential loss or damage) which may be...

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26 Sep 18. Termination

Posted at 22:47h in by ERIC HOLLAND-WATERSON
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18.1 Without limiting the generality of any other clause in this agreement, CSL may terminate this agreement immediately by notice in writing if: (a) the Licensee is in breach of any term of this agreement and such breach is not remedied within 30 days of notification...

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26 Sep 19. Force Majeure

Posted at 23:11h in by ERIC HOLLAND-WATERSON
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19.1 For the purposes of this clause and agreement "Force Majeure" means a circumstance beyond the reasonable control of the Parties which results in a Party being unable to observe or perform on time an obligation under this agreement. 19.2 Neither Party shall be liable for...

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26 Sep 20. Sub-Contracts

Posted at 23:11h in by ERIC HOLLAND-WATERSON
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20.1 CSL may sub-contract for the performance of this agreement or any part of this agreement upon obtaining (subject to subclause 3) the Licensee's prior written consent. 20.2 The Licensee shall not unreasonably withhold consent for the engagement of a sub-contractor in accordance with subclause 1. 20.3...

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