Terms of Use

ADMINISTRATOR PORTAL TERMS OF USE

INTRODUCTION

By using this web-based technical support service ('Administrator Portal'), you, as a client of Aquila Heywood, ('you') agree to the following terms and conditions ('Administrator Portal Terms of Use') including without limitation Aquila Heywood's policies regarding use of Aquila Heywood's trademarks and logos. These terms supplement the terms of your licensing agreement with Aquila Heywood. In the event of a conflict between your licensing agreement and these terms, the terms below will control your use of and access to Administrator Portal.

Through the Administrator Portal, you have access to various programs and other materials made available by Aquila Heywood now and in the future, including but not limited to white papers and other technical publications; product documentation and information on product availability; service requests that you have submitted; software patches;user group bulletins ('Contents').

You agree that the Contents may be used only in support of your authorised use of the Aquila Heywood programs for which you hold a supported licence from Aquila Heywood. The Contents may not be used to provide services for or to third parties and may not be shared with or accessed by third parties. You agree that you will not use the Administrator Portal in any manner that could result in unauthorised access to or interference with the proper functioning of any Aquila Heywood systems or networks. For example, you may not use any software routines, commonly know as robots, or any other automated means to access the Administrator Portal or any other Aquila Heywood systems or networks.

WARRANTIES AND DISCLAIMERS

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THE ADMINISTRATOR PORTAL MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THE ADMINISTRATOR PORTAL, INCLUDING THE CONTENTS, ARE PROVIDED 'AS IS' AND WITHOUT WARRANTY. AQUILA HEYWOOD DOES NOT WARRANT THAT THE INFORMATION IN THE CONTENTS IS UP TO DATE OR ERROR-FREE, NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW.

IN NO EVENT SHALL AQUILA HEYWOOD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE ADMINISTRATOR PORTAL.

NOTWITHSTANDING THE FOREGOING, AQUILA HEYWOOD'S RESPONSES TO SERVICE REQUESTS AND ANY PROGRAM UPDATES DISTRIBUTED THROUGH THE ADMINISTRATOR PORTAL ARE SUBJECT TO THE RELEVANT WARRANTIES AND EXCLUSIVE REMEDIES STATED IN YOUR LICENSING AGREEMENT WITH AQUILA HEYWOOD.

AQUILA HEYWOOD RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE ADMINISTRATOR PORTAL AND THE CONTENTS OF THE ADMINISTRATOR PORTAL AT ANY TIME WITHOUT NOTICE.

CONFIDENTIALITY

The information contained in the Contents is the confidential proprietary information of Aquila Heywood. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Contents for any purpose, other than to support your authorised use of the Aquila Heywood programs for which you are licensed, without the prior written permission of Aquila Heywood.

RIGHT TO REVOKE AND MONITOR ACCESS

Aquila Heywood retains the right to revoke access to the Contents at any time for any reason. Access to the Administrator Portal may be monitored by Aquila Heywood.