(f) act or refrain from doing anything that violates the terms of this Agreement. (ii) we will make a change to this Agreement that will be detrimental to you, in which case you will have the opportunity to terminate this Agreement in writing with 10 days` notice. (d) You may not assign or otherwise transfer the benefit of this Agreement without our prior written consent. We may assign or otherwise transfer the benefit of this Agreement. If you are a resident of New Zealand, you warrant and acknowledge that you have purchased the Software and related services for the purposes of your business and that, therefore, the Consumer Warranties Act 1993 (NZ) does not apply to the Software or related services provided and purchased in accordance with this Agreement. You must enter personal data during online activation. You need an active and functional Internet connection to activate your copy of the software. Your licensed use of the Software is related to the computers you used to perform the activation. You may need to reactivate your copy of the software after you replace your computer`s motherboard or change your computer`s hardware configuration. You may need to contact the acclivity to complete the reactivation. You and Acclivity may terminate your use of the Services, including your acceptance of these Terms, at any time. If you stop using the Services, you will be required to pay the fees that apply to the balance of the billing period then in progress.
No refunds will be given for the remaining days of a month of billing cycle. For example, if an account is created on the 15th. of the month with 15 days remaining, no refund will be given for the remaining 15 days of the billing period. If your subscription is cancelled, your User Content and access to the Service will no longer be accessible shortly thereafter. This End User License Agreement (”License Agreement” or ”Agreement”) constitutes a legal agreement between End User and/or its designated agent (”you”) and MYOB with respect to the MYOB Greentree Software (”Software”). The Software includes the set of features, functionality and services (including source code, object code, interface design, database structures, applications, documentation, training materials, procedures and processes) that MYOB provides from time to time. d.You acknowledge and agree that nothing in these Terms is intended to limit the terms and exclusions of liability set forth in the Software License Agreement for your MYOB AccountRight Product. (a) this Agreement does not grant you any rights with respect to third-party software products purchased in connection with the Software, e.B. third-party database products; and (j) you may not sublicense, publish, display, disclose, rent, rent, modify, loan, distribute or create derivative works of the QlikTech Products or any part thereof. You may only transfer QlikTech Products as provided in this Agreement.
If you enter into this Agreement in Australia, this Agreement is with MYOB Australia Pty Ltd and is governed by the laws applicable in Victoria, Australia. If you enter into this Agreement in New Zealand or any other country, the Agreement will be entered into with MYOB NZ Limited and will be governed by the laws of New Zealand. MYOB NZ Limited and MYOB Australia Pty Ltd (if any) are each referred to as ”MYOB”, ”we”, ”us” or ”our”. To the extent permitted by law and subject to the other provisions of this Agreement, our maximum aggregate liability to you: If you enter into this License Agreement in Australia, this Agreement does not exclude, restrict or modify this Agreement: Section 17 informs you of the means by which we may notify you. Please also note your rights to terminate our Agreement under Section 12.1. Australia: Phone 1300 555 123 or email payrollteam@myob.com; or Acclivity`s failure to enforce or exercise any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and Acclivity and govern your use of the Service and the Site and supersede all prior agreements between you and Acclivity, including, but not limited to, prior versions of the Terms of Use. (d) If we provide (myob.com) any notice or other communication through our website, such notice or other communication will be deemed to have been given by us and received from you when posted on our website. We recommend that you bookmark and regularly check our website for notices or other communications. (d) We make no representation that the Software or Services are appropriate for the business purposes for which you were intended, and by accepting the terms of this Agreement, you acknowledge and agree that you have exercised your own judgment in choosing the Software and Services appropriate for your business purposes. You may request that MYOB not use your information to promote the product and other products and services by following the process described in the myOB Group Privacy Policy for Australia under www.myob.com/privacy. For the purposes of this Agreement, QlikTech Products fall within the definition of Software.
In the event of any conflict with any other term of this Agreement, this Section 10 shall prevail. (b) In order to comply with our agreement with QlikTech, we must impose certain additional terms on end users who use (a) QlikTech Products. These Terms are set forth in this Section 10. (a) Subject to your termination rights under Section 12.1(b)(ii), we may amend this Agreement. (b) If any part or provision of this Agreement is void, unenforceable or illegal in any jurisdiction, that part or provision will not apply in that jurisdiction. However, the remainder of the Agreement will remain in that jurisdiction unless it changes the basic agreement between you and us, in which case either party may terminate this Agreement. (ii) You may contact us about your privacy by email at privacy_officer@myob.co.nz or by post to ”Privacy Officer”, MYOB NZ Limited, c/- Quigg Partners, Level 7, 36 Brandon Street, Wellington 6011. SOFTWARE LIMITATION FOR TRIAL VERSIONS. If this software is a trial version, its use is limited and is for evaluation purposes only. This software can be used for 30 days from the first run of the software. At the end of this period, the software will be automatically disabled. If you wish to use the software after the trial period, you must purchase and activate a commercial license for later use.
Upon purchase of the full version of the Software Product License and acceptance of the terms of the Software License Agreement accompanying the full version of the Software Product, the restrictions in this paragraph (Evaluation Software Restriction) will no longer apply, but the remainder of this Software License Agreement will remain in full force and effect. and in the event of any conflict between this Agreement and the full version of the Software License Agreement, the full version of the Software License Agreement shall prevail. (c) There is a material change in your organization that we believe may affect the performance of this Agreement, particularly if: (b) MYOB is permitted to license connections to the JADE database server (number of simultaneous connections allowed to the JADE database server) to end users. (b) for any loss or damage suffered by you as a result of a breach of this Agreement or any other omission by us shall be limited, in our sole discretion, to: This License Agreement constitutes the entire agreement between Publisher and Licensee, and all prior statements, representations or obligations, however made, are expressly cancelled. Any modification or addition to this License Agreement will only be effective if it is made in writing and signed by an authorized representative of the Publisher. (iv) by posting a notice on our website (myob.com). You may communicate with MYOB about your privacy by email at privacy_officer@myob.com.au or by mail at ”Privacy Officer”, PO Box 73, Richmond Victoria 3121. Fees means the fees and charges associated with the provision of MYOB AccountRight that were notified to you when you started using AccountRight and any changes to such fees and charges displayed on our website in www.myob.com.au/accountright (Australia) or www.myob.com/nz/accountright (New Zealand). This includes any fees charged under the Fair Dealing Directive for Australia or New Zealand.
(c) If we do not insist on strict compliance with any part or provision of this Agreement, such waiver shall not be deemed a waiver or subsequent breach or omission of this Agreement. (g) We reserve the right to conduct on-site audits to determine whether your use of the QlikTech Products complies with the terms of this Agreement. Please note that myob must reserve this right in order to comply with its agreement with QlikTech. This is an agreement (the ”Agreement”) between you, the End User and ACCLIVITY GROUP LLC. The ”Software” is defined as the ACCLIVITY computer program and user documentation contained in this Agreement and any associated updates or maintenance versions. By installing and/or using this software, you agree to be bound by the terms of this Agreement. .