| The Purchaser acknowledges that it is obtaining this
software for the purposes of business and that therefore the Consumer
Guarantees Act 1993 does not apply. |
| The developers of the software have endeavoured to be
accurate in all aspects of the product, and to ensure that the data used
reflects prices and patterns in the management of property in New Zealand. The
data is not relevant for use outside New Zealand. |
| This software is designed to forecast maintenance costs
based on known average conditions. UPlanIt Ltd takes no responsibility for
losses suffered should the actual cost of maintenance be different to the
forecasted cost, and to the extent permitted by law, UPlanIt Ltd will have no
liability for any loss, damage, cost or expense incurred by the Purchaser in
relation to the software or its use. |
| Forecasted costs and dates are based on the assumption
that buildings on the site for which UPlanIt is used have been previously
maintained in a responsible and timely manner. UPlanIt Ltd is not responsible
for any inaccuracy in forecasting due to a poor maintenance history. |
| Forecasted costs are based on the assumption that work
will be carried out by skilled tradespeople. |
| Forecasted costs are the results of averages derived
from the building industry and from historical property maintenance costs.
Costs forecast by this software are estimates only. |
| Forecast costs are exclusive of GST. |
| The ability of this software to forecast the
maintenance costs for any given site is dependent on the user entering accurate
information about the site's buildings in the user forms. UPlanIt Ltd is not
responsible for any inaccuracy in forecasting due to inaccurate entry of data
by the user. |
| UPlanIt Ltd undertakes to be responsible for backing up
the database on the web server. |
| Cost updates are implemented on a yearly basis to
ensure that data remains accurate relative to New Zealand conditions and taking
into account the rate of inflation. Updates are implemented in the software
automatically and are available to all Purchasers of the fully registered and
paid for software for an annual renewal fee. One month's warning will be given
about any impending cost updates. UPlanIt Ltd is not responsible for any
inaccuracy in forecasting due to failure on the part of the Purchaser
to pay the annual renewal fee. |
| If, not withstanding the above, UPlanIt Ltd is found
liable to any loss, damage, cost or expense incurred by a Purchaser in relation
to this Agreement or the use of the software, then the maximum total liability
of UPlanIt Ltd under this Agreement will be the equivalent of the purchase
price paid by the Purchaser for the purchase of the software. |
| If the Purchaser does not pay the annual renewal fee,
UPlanIt becomes read-only for six months from the expiry date. Six months after
the expiry date, log in rights are revoked. |
| Ownership of the intellectual property in UPlanIt
remains at all times with UPlanIt Ltd. The Purchaser is licensed to use the
software but not to own it. |
| The Purchaser is only permitted to use UPlanIt for
their own exclusive purposes and not to allow others to use it. The Purchaser
undertakes to protect UPlanIt Ltd's intellectual property rights in and
ownership of the software, and to excercise a reasonable standard of care in
doing so. The Purchaser's name is printed on all reports and is displayed on
most forms. |
| Information, source code, specifications, form and
report design that are provided with UPlanIt remain confidential and the
Purchaser undertakes not to disclose them to any other person without the
consent of UPlanIt Ltd. |
| From time to time, the UPlanIt website will be
unavailable while maintenance and upgrading takes place. At such times,
the information on the website will state the time at which it will become
available again. |
| Extensive testing has been carried out on this
software. However, we at UPlanIt Ltd would appreciate any feedback about any
errors or error messages that appear. Please contact us using the email listed
on the About form. |