×
Menu
Index

End-User Licence Agreement (EULA)

(Including Software Licence Agreement)
 
Your right to use the software (in object code only) and its associated printed and electronic documentation (“Product”) is subject to the terms and conditions set out in this licence agreement (“Agreement”).
 
1.     In this Agreement:
 
1.1.     “Use” means to load, execute, store, transmit, display, (for the purposes of loading, execution, storage, transmission or display) or otherwise utilise the Product for your legitimate business purposes, including where, if relevant, the product will only be used for facility booking and management purposes; and
1.2.     “us”, “we” and “our” means either All In One Site Solutions (Pty)Ltd trading as iTech or Itech Worldwide Limited and “you” and “your” mean the person, business or company purchasing the Software Licence and / or services.
1.3.     the headings are for convenience only and shall not affect its construction or interpretation;
1.4.     “including” and “includes” shall be understood to mean “including without limitation” and “includes without limitation” respectively; and
1.5.     words of a technical nature shall be construed in accordance with general trade usage in the computer industry of South Africa.
 
2.     Licence
 
2.1.     In consideration of your acceptance of the terms of this Agreement, we grant you a non-exclusive, non-assignable right to Use the Product for which you have paid the relevant licence fee (“Licence”). The Product is activated using an activation key or licence token file. The Product will alert you of the need for an activation key and this can be obtained from us. In order to produce such an activation key we will require information from you. You acknowledge that without such data we cannot provide the necessary activation key.
2.2.     You may Use the Product:
2.2.1.     on a single personal computer or laptop (but not on both, unless you have purchased a Second Copy Licence for Use by the same single user with the same data as is installed on the main installation) if you have purchased a “Single User Licence”; or
2.2.2.     on a single local area network or Virtual Private Network (VPN) (which is under your control and used by your group of companies or businesses and not relating to any other third party use of the Product) with up to the specified maximum number of licences you have purchased; and
2.2.3.     in connection with a single set of data only, such data being your data only, whether this is for a company or business unless you have purchased a licence to allow you to work with multiple sets of data up to a specific number which shall not be exceeded (such multiple sets of data being data of your group of companies or businesses and not relating to any other third parties) and the Product is used on one system and only at your premises if you have purchased a “Multi-Company Licence”. For the avoidance of doubt, a Multi Company Licence does not alter or amend the maximum number of concurrent users Licensed under this Licence; or
2.3.     In relation to clauses 2.2.1 and 2.2.2 above, you may transfer each licenced copy of the Product from one computer to another owned by you within a single location, provided it is not used on more computers at any one time than your licence permits. Please see clause 2.1 regarding the need for an activation key in order to do this. For the avoidance of doubt, you may not continue to Use the Product on the computer from which you have transferred the Product.
2.4.     In relation to clauses 2.2.3 and 2.2.4 above, the total number of companies or businesses whose data may be processed by the software is limited to the number of companies or businesses for which the software is licensed to you. In particular, such number may not be exceeded by the loading of the data of any further companies or businesses in replacement of the data of the number of unique/discreet companies or businesses for which you have purchased your licence.
2.5.     If you wish to use the Product otherwise than as provided for by the type of Licence you have purchased, you must purchase the appropriate type of licence or additional licences (and associated activation key) prior to commencing any such Use.
2.6.     Other than as permitted under this Agreement you shall not and shall not allow anyone else to:
2.6.1.     Use, copy, transfer, sell, sub-licence, lease, mortgage, rent, loan, publish, distribute or otherwise make the Product (or any part of it) available to any other person, whether or not for commercial gain;
2.6.2.     Use the Product (or any part of it) for the provision of any remote hosting or ASP services or in any other configuration that permits a third party to use the Product other than under the provisions of a valid licence with us;
2.6.3.     disable any licensing or control features of the product;
2.6.4.     Use the “demonstration” or free-for-trial evaluation version of the Product (or any part of it) for any purposes other than feature and functionality evaluation purposes. For the sake of clarity only, use of the demonstration version of the Product for commercial gain either for training purposes or for the delivery of any service other than product evaluation, is specifically prohibited;
2.6.5.     other than to the extent permitted by law, alter, adapt, merge, modify, translate, reverse engineer or de-compile, disassemble, create derivative works of the Product (or any part of it), except with our prior written consent; nor
2.6.6.     remove, change or obscure any of our or any third party proprietary notices, labels or marks associated with the Product.
2.7.     You acknowledge that you own only the media on which the Product is supplied and that we shall retain ownership of the intellectual property rights in and to the Product and any amendments made to it by us regardless of form, including any backup copies that you make, and, subject to the Licence, you shall not have any right to use them.
 
3.      Licence termination
 
3.1.     We may terminate the Licence without refund:
3.1.1.     if you fail to make payment within our payment terms from the date the purchase was made or any other contract with Us or
3.1.2.     immediately if we are notified that any finance arrangement you have made with a third party for the payment of the licence fee for the Product has ended for any reason.
3.2.     Your Licence to Use the Product will terminate automatically if you fail to comply with any term of this Agreement, you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt.
3.3.     Within ten working days of the termination of the Licence for any reason you shall uninstall the Product and return it to us (including any copies you have made of the Product (or any part of it)) and provide a certificate signed by your duly authorised representative to confirm compliance with this clause 3.3.
 
4.     Warranty
 
4.1.     We warrant that during any support period:
4.1.1.     we shall provide technical advice, assistance and support by telephone and e-mail during our normal business hours (this does not apply to updates or upgrades of the software);
4.1.2.     the media on which the Product is recorded will be free from defects in material and workmanship under normal conditions of use; and
4.1.3.     we shall correct any errors in the Product by patching or replacing (at our sole discretion) any Product not meeting the warranties given above and if we are unable to rectify any errors in the Product, we will terminate this Agreement, after having received the Product (including any copies you have made) and all packaging in good condition. This warranty excludes defects caused by acts of God, accidents, abuse, poor storage, electricity supply or handling or any act referred to in clause 2.6.
4.2.     The warranties set out in this clause 4 are in lieu of all other warranties, representations or conditions, express or implied, statutory or otherwise, including any implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Product will meet your requirements, or that the operation of it will be uninterrupted or error free. We do not warrant or make any representation regarding the use of the Product or the results of such use in terms of correctness, accuracy, reliability or otherwise. No oral or written communications by or on our behalf shall create a warranty or in any way increase the scope of the warranties we have given.
4.2.1.     Our entire liability and your exclusive remedy under the warranties given in this clause 4 will be, at our option either to:
4.2.2.     repair or replace the Product or encryption medium which does not conform with the warranty; or
4.2.3.     refund the initial price paid for the Product only and specifically exclude any labour, travel, training, monthly licence fees  or other related implementation and support charges and terminate the Licence.
 
5.     Disclaimer and limitation of liability
 
5.1.     You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Product and also the fact that it is not within our control how, and for what purposes, you use the Product. In no event, therefore, will we be liable for any indirect, consequential, incidental or special damage, or loss of any kind (including loss of profits, business, chargeable time, anticipated savings, goodwill, any business interruption or loss of or corruption of data) however caused and whether arising under contract, tort, including negligence, statute or otherwise.
5.2.     If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and we become liable for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the amount actually paid by you for the Product.
5.3.     Whilst We take reasonable precautions to ensure that the media on which this application is distributed is free of viruses, unknown third-party embedded code or other forms of unwanted third-party software interference, We do not accept any responsibility whatsoever for damage caused by the action of viruses, virus signatures or any other unsolicited third-party embedded code which may be contained on this media. This includes loss of files, system malfunctions, data corruptions or the like, which may be caused by any third-party code, malicious or otherwise, which may be replicated on the media.
 
6.     Copyright
 
6.1.     The Product and all related intellectual property is owned by Us and is protected by copyright laws and international treaty provisions. It should be treated like any other product under copyright. However, you are authorised to make copies of the product solely for backup / security purposes;
6.2.     The licensee acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Product including all documentation relating thereto are and remain Our property.
 
7.     Trademark
 
7.1.     iTech Facilities Management is a trademark owned by Us. All other product names mentioned herein are the property of their respective owners. All rights reserved worldwide.
 
8.     General
 
8.1.     Any reseller, distributor or dealer (including any of our authorised resellers or distributors) from whom you have purchased a licence of the Product is expressly not appointed or authorised by us as our servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide any representation, warranty or guarantee with or to you on our behalf, or otherwise to bind us in any way whatsoever. We will not be responsible for any modifications or mergers made to the Product by such persons.
8.2.     We shall not be liable to you in respect of any circumstances arising outside our reasonable control.
8.3.     Our failure to enforce any particular term of this Agreement shall not be construed as a waiver of any of our rights under it.
8.4.     If any part of this Agreement is held by a court of competent jurisdiction to be unreasonable for any reason whatsoever, the validity of the remainder of the terms will not be affected.
8.5.     This Agreement constitutes the entire agreement between you and us in relation to the Product and the Licence and supersedes any other oral or written communications or representations with respect to the Product.
8.6.     No variations of any of these terms and conditions are valid if not confirmed in writing by Us or Our authorised representative.
8.7.     Should you purchase a Product as an upgrade of another Product, then your ownership in the original upgraded Product ceases. You are not entitled to sell the original Product, nor can you continue to make use of the original Product.
8.8.     No variations of any of these terms and conditions are valid if not confirmed in writing by Us.
8.9.     This Agreement shall be governed by and construed in accordance with South African law. The parties hereby submit to the exclusive jurisdiction of the South African courts unless otherwise agreed in writing.
 
Privacy Policy
 
Last updated: 28 November 2019
 
All In One Site Solutions (Pty)Ltd t/a Itech and  Itech Worldwide Limited (collectively referred to as “we” or ”us”) operates https://www.itechsupport.co.za and https://www.itechsupport.org respectively and is collectively referred to as the "Site" herein.
 
We use your Personal Information only for creating a user profile on our internal servers for the purposes of communication and licensing. You agree to the collection and use of information in accordance with this policy.
 
1.     Information Collection And Use
 
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").
 
2.     Email Data
 
We collect information that you will be required to enclose in your email correspondence with us, particularly to obtain both Trial and Normal Licenses.
 
This Email Data may include information such as
Organisation name
Contact number
Contact person
Client request code
 
3.     Communications
 
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we deem relevant.
 
4.     Security
 
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
 
5.     Changes To This Privacy Policy
 
This Privacy Policy is effective as of 28 November 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
 
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
 
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.