Following is a summary of the terms and conditions that apply to all purchases made from Leanides Pty Ltd, ABN 39 618 121 412.
The Software is offered for use on a maintained and supported basis under an annual subscription model. Under the subscription model fees payable are based on the size of the Licensee. Size is determined by reference to the number of sites that are managed by the Leanides system. The term ‘site’ pertaining to the Licence agreement, is a logical unit of allocation for groups of managed network switches. A site may represent a geographical physical location or it can be an abstract description for the group of switches that are managed.
In the Licence:
? the licensor is Leanides Pty Ltd (ABN: 39 618 121 412) Maryborough, QLD, Australia (Licensor); and
? the licensee is the person or company specified in the Registration Form (Licensee) from which you have been directed to this Licence.
If you are registering to use the Software on behalf of another person (for example your company) then you warrant that you are authorized to commit it to being bound by these terms and conditions..
You also warrant that all information provided in the Registration Form (including but not limited to the size of the Licensee) is true, accurate and complete.
1. Orders & Delivery:
All orders placed through this website are subject to confirmation and acceptance by Leanides Pty Ltd.
After you purchase an update package from the Leanides online store, you will also receive an Access Key from Leanides Pty Ltd, to enable the Full Version Licence of the Leanides Client Console Application. This will be sent by email to the address specified in the Registration Form after the purchase transaction has been verified. Once verified, a supplemental update package is available for download that converts the Trial Version Server Software to the Full Version. The estimated time for purchase transaction verification is within 3 days.
Leanides Pty Ltd may refuse an order for any product at its sole discretion if it believes that the order contravenes the terms of section 4 Acceptable Usage Policy or if it is found to be a fraudulent order.
2. Returns & Refunds
No Refunds Policy
A no refunds policy applies. No refund, rebate, compensation or restitution for any reason whatsoever to any subscription paid.
3. Prices, Payment & Credit Card Information
You agree that Leanides Pty Ltd may require you to submit a written purchase order for each Software limited license, by facsimile transmission or otherwise, including an invoice-to address. If Leanides Pty Ltd has approved your use of an indirect payment method for your order, you agree that you will provide Leanides Pty Ltd with all reasonably requested information including, as applicable, payment card, credit card, personal identification or other similar information. You certify that all information you provide will be accurate, complete and current, and that you will pay all charges incurred by Leanides Pty Ltd in connection with Leanides Pty Ltd’s use of your account, credit card or other payment mechanism. For purchases on account you agree to make payment in full within thirty (30) days of the invoice date.
3.1 In consideration of the Full Version Licence, the Licensee must pay to the Licensor the Subscription Fees in accordance with the selected Software Plan. If the Licensee wants to upgrade their Software Plan they may do so by purchasing an upgrade package from the Leanides online store and uploading the upgrade package on the Leanides server. Incremental upgrades are available that allow an existing Licence plan to be upgraded to a higher level plan. The Commencement Date of the subscription shall remain the same as the previous software plan in the case of incremental upgrade of the software plan.
3.2 Subscription Fees are payable in advance. The Licensee is required to provide payment details on submitting the Registration Form at the point of purchase at the Leanides online store.
3.3 The Licensor will provide the Licensee with a tax invoice for the Subscription Fees.
3.4 Subscription Fees do not include taxes unless otherwise specified.
3.5 To the extent that payments to be made under this Licence are subject to a consumption tax or a withholding tax (including GST) the amount of such tax will be shown as a separate item on the relevant invoice and will be added to the Subscription Fees.
Your order and credit card details are safe and secure. All personal and credit card information provided to Leanides Pty Ltd is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. We only accept payments using the methods stated in the orders & payment section of this website.
You credit card information will be processed by the payment provider that you select during the check-out process. All payment providers used by the Leanides Pty Ltd estore are PCI DSS Compliant. The Leanides Pty Ltd estore is also PCI DSS Compliant. Leanides Pty Ltd will not store your credit card data in our website or web servers.
Payment must be cleared before the services are dispatched.
4. Acceptable Usage Policy
4.1 The Licensee must not:
a. use the Software, or any of part of it, in a way that violates the Law, the intellectual property or other rights of the Licensor or others;
b. reverse engineer, de-compile or disassemble the Software or use the Software to develop a solution that is the same or substantially similar to the Software;
c. licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software available to any third party;
d. attempt to obtain, or assist third parties in obtaining, access to the Software; or
e. modify, enhance, reproduce, display, publish, distribute, copy, transmit, perform, licence, sub-licence, create derivative works from, transfer, or sell or resell any information, content, software, or materials other than in accordance with this Licence.
4.2 The Licensor may provide upgrades and enhancements with respect to the Software. Upgrades and enhancements will be developed at the Licensor’s discretion and will be offered to the Licensee. The Licensee acknowledges that acceptance of an upgrade or enhancement is subject to the same terms and conditions of this Licence Agreement (as it pertains to the main software products distributed).
4.3 If the Licensor agrees to provide any professional services to the Licensee those services will be the subject of a separate written agreement.
4.4 The Licensee acknowledges that the Software may require third-party programs or plug-ins for use of the Software and any interruptions or issues caused by the use of third-party services are the responsibility of that third-party and not the Licensor.
5. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Leanides Pty Ltd in connection with any use (whether authorised or unauthorised) of your user name or password. Leanides Pty Ltd may suspend or cancel your account at any time without prior notice.
6. OWNERSHIP OF THE SOFTWARE
6.1 The enclosed Licensor software program (“Software”) and the accompanying written materials are owned by the Licensor or its suppliers and are protected by Australia’s copyright laws, by laws of other nations, and by international treaties.
GRANT OF LICENSE
6.2 If you have purchased a site license to the Software, Leanides Pty Ltd (the Licensor) grants to you the right to use the specified number of non-transferable copies of the Leanides Client Software in a single organization, as specified in the Site Licence Package that has been purchased.
6.3 If you have purchased a single licence to supplement a previously purchased site licence package, the Licensor grants to you the right to use one non-transferable copy of the Leanides Client Software on a single computer.
6.4 Each Site Licence Package purchased allows you to install a single copy of the Leanides VM Server within an organization.
6.5 If you have not yet purchased a license to the Software, Leanides Pty Ltd (the Licensor) grants to you the right to use one copy of the Client software on a single computer and one copy of the Server Software on a Virtual Machine for an evaluation period of 14 days.
6.6 If you wish to continue using the Software and accompanying written materials after the evaluation period, you must register the Software by purchasing a Licence Package from the webstore of Leanides (the Licensor) at https://www.leanides.com. You will then receive a license for continued use and a Server Update Package for download that will enable the Full Version Software on the Leanides Server and permit you to use the Software under the terms specified in this Licensing Agreement.
6.7 You need to purchase a full license of the Leanides Client Console Application to continue to use the Client software to access the functions of the Leanides Server. It is not permitted under the terms of this agreement or otherwise to access the Leanides Server, to operate its functions, by any other means than via a Licensed Leanides Client Console Application.
You agree and acknowledge that Leanides Pty Ltd, on behalf of itself or any Software proprietor, transfers no ownership interest in any Software or part Software, or in the intellectual property (including but not limited to copyright) in any Software or in any Software copy, to you under this Agreement or otherwise, and that Leanides Pty Ltd and its licensors as applicable reserve all rights not expressly granted to you in this License Agreement.
In the case of CD/DVD or other media-based Software, after you pay any applicable initial license fees, and after you have signified your agreement to these terms and conditions, title to the CD/DVD or other media will pass to you, but Leanides Pty Ltd and its licensors as applicable will retain ownership and copyright of all Software on the CD/DVD or other media and of all copies you make of all or part of any Software, at all times and for all purposes.
In order to effect the license rights granted to you, you may install Software by copying it onto the hard disk or into the CPU memory of a System for use on that System, and you may make full or partial copies of Software, but only as necessary for backup or archival purposes. You agree that (i) your use and possession of such copies will be solely under the terms and conditions of this Agreement, and (ii) you will reproduce the same proprietary and copyright notices and legends on all copies, as shown by Leanides Pty Ltd or the Software proprietor.
If you transfer ownership or control of any System containing Software, you may transfer Software and all licenses and rights in Software granted to you under this Agreement to the transferee provided that:
(i) the transferee agrees in writing to accept the terms and conditions of this Agreement,
(ii) you provide name and address details of the transferee to Leanides Pty Ltd and,
(iii) you also transfer all Software, including all copies, to the transferee.
Except as provided in this Article, you may not sublicense, transfer or assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part.
You may not export or re-export any Software or other technology received under this License Agreement except in full compliance with all Australian, United Kingdom, United States of America and International applicable laws and regulations. In particular, none of the Software or technology may be exported or re-exported into (or to a national or resident of) any country to which Australia, the US or the UK embargoes goods, or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Denial Orders.
Limited Software Warranty and Disclaimers
THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED BY LICENSOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, SAVINGS, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Leanides Pty Ltd supplies Software either on its own behalf or as a licensed distributor of third party proprietary owners.
(a) Leanides Pty Ltd owned Software
Leanides Pty Ltd warrants to you that, in the case of any Software it has identified as its own property, that Software will substantially conform to the applicable Leanides Pty Ltd specification in effect at the date of delivery for a period of three calendar months. Leanides Pty Ltd’s sole obligation under this warranty is limited to responding to your calls and to using all reasonable endeavours to correct reported problems by supplying you with a corrected version of the Software.
Leanides Pty Ltd DOES NOT WARRANT THAT:
(i) OPERATION OF ITS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED; OR
(ii) THAT FUNCTIONS CONTAINED IN ITS SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU TO MEET YOUR REQUIREMENTS. Leanides Pty Ltd’s WARRANTY OBLIGATIONS WILL BE VOID IF ITS SOFTWARE IS MODIFIED WITHOUT THE PRIOR WRITTEN CONSENT OF Leanides Pty Ltd.
(b) Third Party Proprietary Software
All third party proprietary Software is supplied with the benefit of warranties, if any, offered by the third party owners and reproduced by Leanides Pty Ltd. TO THE FULLEST EXTENT PERMITTED BY LAW Leanides Pty Ltd DOES NOT ITSELF WARRANT THIRD PARTY PROPRIETARY SOFTWARE IN ANY WAY, INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE, RELIABILITY OR FUNCTIONALITY, AND Leanides Pty Ltd DOES NOT ACCEPT ANY RESPONSIBILITY FOR PERFORMANCE OF WARRANTY TERMS BY THIRD PARTY SOFTWARE OWNERS.
(c) CD/DVD or Other Media
Leanides Pty Ltd warrants that any CD/DVD or other media provided to you under this Agreement is free from defects in materials and workmanship under normal use for a period of three calendar months from date of supply. If you return a defective CD/DVD or other media to Leanides Pty Ltd or an authorised Leanides Pty Ltd representative during the warranty period with proof of purchase Leanides Pty Ltd will, at its sole option, either replace the defective CD/DVD or other media or refund the purchase price for it. This warranty will not apply to any media that has been damaged by abuse, act of God, accident or misuse.
Leanides Pty Ltd warrants that it has used all reasonable efforts to ensure that all Leanides Pty Ltd content and all Software is free from all publicised viruses known to exist on the date of supply. In the event that such a known and publicised virus is discovered and reported to Leanides Pty Ltd by you within one calendar month of the date of supply Leanides Pty Ltd will at your option replace the affected Software or, if applicable, the CD/DVD or other media containing the Software or refund the purchase price for the same. IT IS YOUR RESPONSIBILITY TO CHECK FOR VIRUSES BEFORE USING ANY SOFTWARE AND Leanides Pty Ltd DISCLAIMS ANY OTHER OR FURTHER LIABILITIES TO YOU FOR ANY VIRUS-CAUSED DAMAGE.
EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, Leanides Pty Ltd DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED IN LAW OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE ABOVE WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS AND LIABILITIES ON THE PART OF Leanides Pty Ltd FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH SOFTWARE, OR YOUR USE OF SOFTWARE OR ANY CD/DVD OR OTHER MEDIA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL Leanides Pty Ltd OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF INSURANCE COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS, OPPORTUNITY OR GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT COMPONENTSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OR LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Leanides Pty Ltd’s DIRECT LIABILITY FOR BREACH OF CONTRACT ARISING OUT OF THIS SOFTWARE LICENSE AGREEMENT AND/OR YOUR USE OR POSSESSION OF PARTICULAR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEE CHARGED BY Leanides Pty Ltd FOR THAT SOFTWARE.
Leanides Pty Ltd’s LIABILITY IN TORT FOR DEATH OR PERSONAL INJURY CAUSED BY USE OF SOFTWARE OR BY THE NEGLIGENCE OF Leanides Pty Ltd OR ITS EMPLOYEES IS UNLIMITED BUT Leanides Pty Ltd’s LIABILITY IN NEGLIGENCE OR OTHER TORT FOR DAMAGE OR LOSS TO PROPERTY WILL NOT EXCEED FIVE AUSTRALIAN DOLLARS ($5) PER EVENT OR SERIES OF CONNECTED EVENTS.
8.1 Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to this Licence to the extent required by Law.
8.2 The total and aggregate liability of the Licensor for loss suffered or sustained by the Licensee in connection with the provision of the Software under this Licence:
a. whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
b. whether or not arising pursuant to an indemnity in this Licence,
(a) in those cases where the Law (including the Australian Consumer Law) restricts the company’s ability to limit its liability to:
i. supplying the Software again;
(b) in all other cases to $5(Australian).
8.3 To the extent permitted by law, neither party nor their respective directors, officers, employees, agents or representatives under this Licence will be liable for any Consequential Loss.
8.4 For the purposes of clause 6.3, the term Consequential Loss means losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Licence (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
8.5 Class Action Waiver
The Licensee hereby agrees not to initiate class-action lawsuits against the licensor in relation to this license and to compensate the licensor for any legal fees, cost or attorney fees should any claim brought by the licensee against the licensor be denied, in part or in full.
8.6 Binding Arbitration Clause
Disputes of any nature are initially to be communicated to Leanides by forwarding a written event notice that details the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
Leanides will attempt to resolve disputes within a period of not more than 365 days from the date the notice of dispute is sent. After 365 days the licensee may commence arbitration. If the licensee and Leanides do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. The licensee is giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Licensees hereby warrant to hold the licensor harmless and indemnify the licensor for any lawsuit brought against it in regards to licensee’s use of the software in means that violate, breach or otherwise circumvent this license, licensor’s intellectual property rights or licensor’s title in the software.
8.8 No Refunds Policy
A no refunds policy applies. No refund, rebate, compensation or restitution for any reason whatsoever to any subscription paid.
9. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Leanides Pty Ltd may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
10. Governing Law and Jurisdiction
All liabilities, to the extent permitted by Australian law (State of Queensland Jurisdiction in the Commonwealth of Australia), are excluded. This includes all damages, whether caused by us, our distributors, authorised trainers and parties related to Leanides.
Should any dispute arise concerning this agreement, the parties agree to submit to the exclusive jurisdiction of the State of Queensland in the Commonwealth of Australia, and the dispute will be determined in accordance of such jurisdictions law.
If any provision of the End User License Agreement (EULA) is held to be un-enforceable, that shall not affect the enforceability of the remaining provisions.
This constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any party contained in the software or any purchase order issued in connection with such.
11. Credit Card Data and PCI DSS Compliance
Leanides Pty Ltd’s estore hosting environment and ecommerce software packages are Payment Card Industry Data Security Standard (PCI DSS) compliant, you can find out more from their website at www.pcisecuritystandards.org.
Our website and hosting service provider undergoes an annual PCI compliance review using a Qualified Security Audit company which is BEA Systems.
PCI DSS requires that you do not store credit card data unencrypted on your website. This includes where credit card information might be added to notes on orders or customer records. Leanides Pty Ltd’s estore provider will scan for credit card data on a regular basis and hash out (destroy) the card number that is stored. Leanides Pty Ltd reserves the right, without recourse, to take offline any online store that is found to be storing credit card data until the situation has been rectified.
12. Copyright Protection
Copyright © Leanides Pty Ltd. All rights reserved worldwide.
The Leanides software is a collective work under copyright laws and along with documentation thereof, is protected by copyright. No part of this document may be reproduced by any means nor modified, decompiled, disassembled, published or distributed, in whole or in part, or translated to any electronic medium or other means without the written consent of Leanides Pty Ltd. All rights, title and interest in and to the software and documentation are and shall remain the exclusive property of Leanides Pty Ltd and its licensors.