1) Rights Granted Under This Licence
This agreement grants you on receipt of your payment to Forecast 5 Ltd the use of the Forecast 5 Ltd Software.
The software use includes:
- Software installed on your PC, server or third-party Host server regardless of transaction volumes, size of data files or number of companies. Note: extra payment is required for additional users or if the Software is used in a commercial data processing bureau.
- Annual license fees as they are invoiced & information services.
- Forecast 5 user Help Desk service (clause 6).
Time for payment shall be of the essence of this agreement. If any amount payable is in arrears, then, without prejudice to any other rights and remedies it may have, Company shall be entitled to suspend the performance of any of its obligations under this Agreement, including, without limitation, suspending Customer’s right to Use the Software and Documentation, without Company incurring any liability to Customer or any third party. Late payment fees will apply.
This agreement includes annual license fees & information services. Updated software versions will be released as appropriate.
You must provide an email address to ensure that you receive notice of updates, pre-release information & support newsletters.
Specifically excluded from any rights granted under this licence:
The total amount excludes installation, data conversion, on site help & training & such like, which are matters between you & your supporting Forecast 5 consultant.
Extra users, functions, products or services may be added at any time to the Software by adding the appropriate amount to the total annual license fee amount.
You may terminate this Agreement, by giving Forecast 5 Ltd written notice, 30 days prior to the annual renewal date. Your licence will terminate if the annual renewal payment is not made. On termination, the software must be uninstalled.
Software title, Intellectual Property & copyright remain with Forecast 5 Ltd. You must protect that ownership of the Software & not attempt to sell, hire, copy (except for back up), transfer or deal with it in any other way.
Neither may you reverse engineer, decompile or disassemble the software product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The above obligations survive the term of this agreement and the termination of your usage of the software.
You must rely on your own judgment as to the suitability of the software. The computer systems that it is installed on should meet or exceed the minimum recommended specifications as documented by Forecast 5 Ltd. You must rely on your own professional accounting & financial advice services. No warranties are given other than those implied by law.
In no event will Forecast 5 Ltd or its resellers and distributors be liable to you for any damages, including loss or other consequential damages arising out of use of or failure of or fault in the software product.
5) ALF & Subscription Payments
Your total annual license fee tax invoice will be delivered to the email address recorded by Forecast 5 Ltd. Payments are annually in advance, and maybe automatically taken by direct debit from your bank account or credit card, inclusive of service and other fees charged by payment solution providers (e.g. Mastercard, PayPal or Bank etc). Once paid the amounts are not refundable for any reason. You agree to Forecast 5 Ltd paying commissions or fees to any party who introduces you to or supports the software. Forecast 5 Ltd has the right to review and increase the total annual license fee amount. You will be advised of such increase by invoice.
6) Forecast 5 Help Desk & Knowledge Base
This agreement provides access for named users the Knowledge Base and Help Desk. The cost for this service is included in the annual license fee amount. Help Desk aids with system errors. The service does not include consulting, installation, training (How To questions) or user caused issues which will be invoiced at the prevailing consulting rate. The Help Desk operates 8.30am – 5pm (NZT) Mon-Fri (excluding public holidays) and the Knowledge Base is 24 hours, 7 days. Help is not offered to those, who in the opinion of Forecast 5 Ltd, are untrained operators and suitable training will be recommended.
7) Notices / Law
You agree to advise us, in writing, if you change your location, email, postal address, payment details or if there is any information that we should know about your ability to comply with this Agreement. Forecast 5 Ltd can give notice by delivering it to your last known Software location, email, or postal address.
This Software automatically communicates with Forecast 5 Ltd for four reasons: (1) to receive and install updates; (2) to send error reports; (3) to send anonymized usage information and 4) To Validate licensing.
The laws of New Zealand govern this Agreement. This license is valid through your use of the Forecast 5 software Ltd. The latest applicable version of this license is available on our web site www.forecast5.com
Current as at 14th May 2018