End User License Agreement

  1. Rights Granted Under This License

    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.
  2. Term

    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.

  3. Obligations

    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.

  4. Warranties

    You must rely on your own judgment as to the suitability of the software & computer systems that it is installed on. 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. Payments

    Your total annual license fee tax invoice will be delivered to the email address stated in this agreement. Payments are annually in advance, by direct debit from your bank account or credit card. 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. The service does not include consulting or training which will be invoiced.

    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.

    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 9th March 2016