By registering, you can download the maxView Lite software.
End User Licence Agreement (EULA) for maxView Lite
Terms and Conditions
Important: Read Carefully
This Licence Agreement constitutes a legal agreement (“Licence Agreement”) between you, the End User (either an individual or an entity) and Maximum Availability Limited, a New Zealand company (“we”, “our”, “us”) for use of our maxView Lite Software (the “Software”), including any software, media, and accompanying on-line or printed documentation. By clicking on the “Accept” button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this Licence Agreement as set out below. If you do not agree to the terms of this Licence Agreement, click on the “Cancel” button and/or do not install the Software.
1. Grant of Licence
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property rights and treaties. Upon your acceptance of this Licence Agreement, we grant you a non-exclusive Licence to use the Software on the terms set out in this Licence. Title, ownership, rights, and intellectual property rights in and to the Software shall remain with us or our licensors. This Software is intended only for use in conjunction with the IBM i Operating System (OS/400) and use of the Software is subject to any limitations imposed by that operating system. You may:
a) install and use the Software on a Computer hand-held or mobile device; and
b) copy the Software for back-up and archival purposes provided any copy must contain all of the original Software’s proprietary notices.
2. Licence Restrictions
You may not:
a) permit other individuals to use the Software except under the terms of this Licence Agreement;
b) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software;
c) copy the Software (except for back-up or archival purposes);
d) resell, rent, lease, assign, or otherwise transfer rights to the Software; or
e) remove any proprietary notices or labels on or in the Software.
3. Purpose of Licence
The Software enables you to monitor certain aspects of the IBM i operating system. It also incorporates a referral program to allow you to share your interest in the Software with nominated individuals.
4. Duration of Licence
This Licence Agreement shall commence when you download the Software and shall continue for a limited period at our discretion or until terminated under clause 6. We may contact you after this Licence Agreement commences to discuss the Software or other products and services which we offer.
This Licence Agreement does not grant you any right to any new versions of or upgrades or updates to the Software, nor any support services.
6. Breach of Licence
This Licence Agreement shall terminate automatically if you fail to comply with the limitations described in this Licence Agreement. No notice shall be required from us to effectuate such termination. Upon termination, including the expiry of this Licence Agreement, you must delete all copies of the Software. The Software may contain software locking or disabling features which may activate upon attempted use of the Software in breach of this Licence Agreement. You agree that incorporation of these features into the Software is commercially reasonable and you accept all risk associated with these features.
7. No Warranty and Exclusion of Liability
The following provisions are without prejudice to any rights you may have at law which may not be legally excluded:
a) The Software is delivered to you “as is” and we make no warranty as to its use or performance. We do not and cannot warrant the performance or results you may obtain by using the Software. We do not, unless otherwise specifically stated, warrant that the Software will comply with any statutory or regularity requirements in any particular territory that may be applicable to operation of the Software. To the maximum extent permitted by law, we disclaim all warranties (statutory, express or implied) including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, non-infringement or title, with regard to the Software and the accompanying documentation.
b) To the maximum extent permitted by applicable law, we shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software even if we have been advised of the possibility of such damages.
These provisions shall survive the termination or expiry of this Licence Agreement, but this shall not imply or create any continued right to use the Software after termination or expiry of this Licence Agreement.
In the event that any liability arises for us (whether in contract, tort (including negligence), statute or otherwise), our entire liability and your exclusive remedy under this Licence Agreement shall be limited to the amount paid by you to us for the Software, if any.
8. Entire Agreement
This Licence Agreement:
a) represents the whole of the contract and understanding between the Parties; and
b) replaces all prior agreements and understandings between the Parties with respect to the subject matter of this agreement.
9. General Provisions
This Licence Agreement may only be modified in writing signed by you and one of our authorised officers. If any provision of this Licence Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. This Licence Agreement shall be construed, interpreted and governed by the laws of New Zealand (excluding the Sale of Goods (United Nations Convention) Act 1994 and the Consumer Guarantees Act 1993). You submit to the exclusive jurisdiction of the Courts of New Zealand.