2. The Developer grants you a non-exclusive licence to install the App on handheld, mobile devices owned by You (“Devices”), make one copy of the App for the purposes of backup and to use the App in your day to day business (the “License”). However, you agree that the Developer may restrict your access to the App if it reasonably believes that you are in breach of the terms of this Agreement. The Developer owns all rights, title and interests in or to the App and may do with those rights, title, interests as it will.
3. The Developer may (at its sole discretion), from time to time, make incidental modifications to the App (“Updates”). The Developer agrees that any Updates will be deemed to be part of the License. You agree that he Developer will not be liable to you for any down time of the App from time to time or loss of data due to the need for bug fixes or maintenance of the App or the servers upon which the information collected via the App will be stored.
4. You agree not to tamper with, reverse engineer, modify or create derivative works to/from the App. You agree not to sell, lease, hire, rent, distribute or otherwise transfer any rights in or to the App.
5. You agree to keep your passwords and user information secret and not to permit any third party to access or use that information.
6. You agree not to use the App or to permit the use of the App by any third party in contravention of any federal, state, national or other laws and that you will be solely responsible for any use in contravention of such law.
7. You agree to adhere, in particular, to all information and privacy laws that apply to your collection of information using the App. The Developer is not responsible for your collection, storage, use, disclosure or maintenance of any information that you collect using the App.
9. You acknowledge that from time to time, the Developer may access or grant access to a third party to the server upon which the information you collect using the App is stored for administrative purposes and you agree to such access. The Developer will not access the information for any other purpose and will not use or otherwise disclose the information except as necessary for administrative reasons. You agree to ensure that the individuals from whom information is collected are aware of this access and authorise it.
10. You agree that the Developer will be permitted to collect your information including your contact information and information relating to your usage of the App. You authorise the Developer to use such information to improve the App.
11. To the maximum extent permitted by law, the App is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Developer does not warrant that the App is error free or that any services provided in relation to the App will be uninterrupted.
12. You accept all risk and any liability arising from your use of the App or the use of the App by a third party via the Devices. In no event will the Developer be liable to you or any other person for any injury, loss of data, loss of goodwill or financial loss, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by you arising out of or relating to your use of the App or such use by a third party, whether in contract, tort (including negligence) or equity even if you have advised the Developer of the possibility of such loss or damage.
13. You agree to indemnify the Developer and its affiliates, subsidiaries, directors, officers, employees and agents against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever arising from your use of the App.
14. You agree that this Agreement shall be governed by the laws of New Zealand and the courts of New Zealand shall have the non exclusive jurisdiction to hear all claims arising from this Agreement.