End User License Agreement
THIS AGREEMENT (or “EULA”) IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE (“YOU” OR “CUSTOMER”) AND INFIN. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY INFIN HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
Agreement and Acceptance
This agreement sets forth your rights and obligations with respect to your use of our product. Installing or using the product signifies your acceptance of this agreement. If you do not agree, do not install or use the product.
This agreement sets forth the entire agreement between you and INFIN, and supersedes any and all prior verbal or written agreements related to the product. No right or remedy will arise from any undertaking, warranty, or representation not included in this document.
Full product demonstrations and a trial based evaluations of our product is available prior to buying our product. Refunds will only be given as required by law and as such will apply exclusively to the license fee, and not to any services and/or travel related charges.
The product is provided to you “as is” with all faults, without any warranty of any kind, either expressed or implied. We do not warrant that the product is error-free, accurate, or fit for any particular purpose.
In no event shall we be liable for any loss or damages resulting from the use, misuse or inability to use our product, including direct, indirect, incidental or consequential, loss of business profits, lack of fitness for a particular purpose, inaccuracy of data, damage to equipment, loss of data or data integrity, loss of goodwill, or any other damages.
You indemnify us against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of the use of the product. The entire risk arising out of use of the product remains with you.
You are granted the non-exclusive, non-transferable right to install and use the product on the amount of computers and by the amount of users equal to or less than the number of licenses purchased and/or granted. License cost is based on our official pricelist, this pricelist is always available from us on request. The product is activated using a compulsory activation file provided by us or via our online registration service found in the product. We will have the right to include code in the product to ensure that the number of computers or number of users accounts used do not exceed the number of licenses purchased and/or granted. The license will be granted after payment has been received by us for the licence and only thereafter will you be able to activate/register the product. You will require an active internet connection to activate your product, or, we can deliver the licence file to your premises at an additional cost to you if no internet connection is available. You may transfer the product from one computer to another, provided it is not used on more computers or by more users than your number of licenses permits. There may also be a fee charged by INFIN when transferring the product from one computer to another, depending on the time spend by INFIN to do so, but you can be quoted on this before transfer is started. You hereby declare yourself willing to, on our request to do so, make a declaration under oath stating the reasons for transfer of the product from one computer to another.
Copyright © 2015 INFIN Software South Africa. Copyright in the product vests with us. The product is licensed, not sold to you. Ownership shall remain with us. INFIN reserves all rights not expressly granted to you.
You will not: (a) reproduce the product; (b) market, license, distribute, sublicense or otherwise commercially exploit the product or sell, lend, rent, give, assign or otherwise transfer or dispose of the product; (c) permit the use of the product by others or otherwise operate the product for another organization not owned by you (e.g. as a bureau); (d) modify the product; or (e) disassemble, reverse engineer or decompile the product or otherwise attempt to discover any portion of the object or source code or trade secrets related to the product.
We acknowledge that your confidential information also includes your customer’s information, including non-public personal and financial information. We will: (a) use such information solely for performance under this agreement; (b) not disclose such information to any third party; and (c) otherwise protect such information from any unauthorized use or disclosure. We may advertise or publicly announce that we are providing the product and/or services to you.
We represent that to the best of our knowledge, based on use of commercially available virus detection programs, the product does not contain any computer virus or other such disabling devices. You acknowledge that a virus
may not be capable of such detection and that it is your responsibility to monitor and scan all computer programs and data that become part of your computing environment. You acknowledge that the internet is inherently insecure. You are responsible for providing your own firewall and other protections against unauthorized incursions. We do not warrant that the product is secure with respect to internet use. You indemnify us from any claim arising from or related to use of the product or services in conjunction with the internet.
You acknowledge that a daily backup storage of information is required in order to totally or partially recover your data in the event of the loss of such data. You indemnify us from any claim arising from or related to the loss of data. It is your own responsibility to ensure that daily backups are made, and to ensure that these backups are kept in a safe location. If backup files are uploaded to a cloud based service (eg. Dropbox, Copy or Google Drive), INFIN does not take responsibility for the data kept on the service providers’ servers or recovery of such data.
You acknowledge that the administration of a dealer is of a complex nature; mistakes can cause financial or any other kind of loss, (e.g. paid too much to a seller, charging incorrect vat, etc.) For this reason it is very important that every user should not depend on training alone to master the product, but should read through our user manual and watch our tutorial videos loaded on www.youtube.com to possess the required understanding, experience level and speed of operation, prior to working on a live system. We very highly recommend product users to be computer literate. You indemnify us from any claim arising from the use, misuse, or inability to use of our product. We can offer a dummy (pretend) database to practice on before going live to allow users to learn the product.
All requests to us must be done via any of the methods below:
Mobile: 072 631 5302
Fax: 012 562 0653
Postal: P.O. Box 33144, Glenstantia, 0010
Request hours: Mondays–Fridays 9h00 to 16h00 (excluding weekends and public holidays and the two-week period occupied by Christmas and New Year).
Prices are usually updated in January of each year, but we do reserve the right to change prices without any prior notice. When applicable, travel charges will be quoted separately at actual cost.
We differentiate between two mutually exclusive types of requests, namely a task request, and a help request.
This is a request to us to do a specific task to achieve a result.
(It is not usually of a critical nature, but it might be)
Examples Include but are not limited to:
Create a new report
Amend a profile
Request a new function
Do some customization
Change content of a hosted webpage
Fix a program error
Do an installation
Fix data caused by user error
Re-activate license on a new computer
All task requests will be evaluated first, and quoted on, based on the amount of hours spent to complete the request. Once approved, work will commence. Errors in the product will always be fixed free of charge.
This is a request to us for help to achieve a result.
(It is usually, but not always, of a more urgent or critical nature)
Cannot invoice a customer
Error message keeps showing
Cannot connect to network
Invoice is not printing
Cannot open customer list
Wrong amount displayed
The request will be free only if no task related request are completed and help request is similar to one of the examples mentioned above, where functionality built into the product is not working optimally causing the user not to be able to achieve a result INFIN is supposed to accomplish.
If above criteria is not met, the request will be invoiced as a task request.
If the source of the problem is related to a third party issue, we will make our services available to attempt to resolve the issue; we do not however accept responsibility to resolve it. The newest release is always available at no charge which may contain many fixes. Please install our updates on a regular basis.
Invoices will be submitted monthly and payment can be made via EFT payment into our account or via a debit order from your account. Payment terms are 5 days from date of presentation of an invoice.
No support will be given to customers with outstanding payments.
No support will be given to customers in breach of the terms and conditions of this agreement.
No development will be done for the exclusive benefit of any one customer, all functionality developed and added to our product, irrespective of the requester of such functions, will always be available to all customers.
If changes to the product is required as a result of changes in legislation, the development cost of such changes will be shared between all customers.
Relaxation Of Terms
No relaxation of the terms of this agreement and no indulgence which INFIN may grant to you, will in any way operate as an estoppel against us or be deemed to be a waiver of our rights, or in any other way limit, alter, or
prejudice those rights and in no way prohibits us to, without notice, enforce strict and timely performance of every term and condition of this agreement. All legal remedies, rights, undertakings, obligations and agreements contained herein are cumulative and are none of them deemed to be separable.
In the event that you breach any of the terms of this agreement and fail to remedy such breach within a period of ten days after receipt of a written notice requiring such breach to be remedied, we shall be entitled, without prejudice to any other rights which we may have in terms of this agreement or at law, to:
· Claim specific performance of the terms of this agreement as well as such damages which we may have suffered;
· Cancel this agreement and claim and recover damages; or
· Keep this agreement in force and recover such damages as we may have suffered as a result of such breach.
This agreement shall be governed by the laws of the republic of South Africa.
If any dispute should arise between the parties regarding this agreement, or if it should become necessary for INFIN to institute legal action in order to enforce any of our rights in terms of this agreement you hereby agree to
the jurisdiction of the Pretoria Magistrates’ Court. This clause does not however preclude INFIN from instituting action in the high court if we consider it necessary to do so.
Service Of Notices
The manner of service for all purposes relating to these terms and conditions including the giving of any notice is by way of the e-mail address as set out above. INFIN shall be entitled from time to time, by giving notice to you, to vary
its facsimile and/or e-mail address for service to any other facsimile number or e-mail address.
How to Uninstall INFIN
Warning: Uninstalling INFIN will remove all data recorded through INFIN as the uninstallation will remove the database and database service from your computer.
Open My Computer
Click on Uninstall or Change Programs
Select INFIN and click Uninstall.
Follow the prompts to remove INFIN from your computer.
Please contact us if you have any problems uninstalling the software.