EULA

Last updated: Mar 28, 2023 7:01 PM

Please read this End User License Agreement ("EULA") carefully before installing and using the Cloaking Internet Gateway software ("the Software") operated by Internet 2.0 Pty Ltd, a(n) Company formed in Australian Capital Territory, Australia as this EULA contains important information regarding the limitations of our liability. Our Australian Business Number is 17632726946. Our Australian Company Number is 632726946. Our address is Lvl 1, 18 National Circ, ACT, 2600.

Your access to and use of the Software is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including viewers, users, and others who wish to access or use the Software.

By accessing or using the Software, you agree to be bound by this EULA. If you disagree with any part of this EULA, you do not have our permission to access and use the Software.

License rights

Internet 2.0 Pty Ltd grants you the non-exclusive, revocable, limited license to install and use the Software subject to the terms contained in this End User License Agreement. The license that is granted to you may be used for both personal (non-commercial) and business (commercial) uses. You are hereby prohibited from any reproduction of the Software. You may install only 1 copies of this Software.

WARRANTY

Internet 2.0 Pty Ltd PROVIDES THE FOLLOWING WARRANTY ON THE SOFTWARE: Warranty Start Date: "Start Date" as used in this policy means the date the equipment was shipped from the manufacturing facilities of Internet 2.0 or third party contractor or third party vender’s premises unless otherwise specified by contract. Limitation on Warranty: The warranty and buyer's remedies there-under are solely for the benefit of the buyer and shall not be extended to any other party. For the avoidance of any doubt, buyer’s sale of certain of the equipment to buyer’s customers shall not void the warranty, notwithstanding that the warranty runs solely to buyer and in strict accordance with the terms of this agreement. Buyer shall be solely responsible for the selection, use, efficiency, and suitability of the equipment and software. This warranty shall not apply to any equipment that: (a) has had the serial number, model number or any other identification markings removed or rendered illegible; (b) have been damaged by improper operation, maintenance, misuse, accident, neglect, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling and/or protection from humidity), or from any other cause beyond Internet 2.0' s reasonable control, including force majeure, and without Internet 2.0' s fault or omission or negligence or the fault or negligence or omission of Internet 2.0' s employees, agents or other representative; (c) have been used in a manner not in accordance with the instructions supplied by Internet 2.0; (d) have been subject to the opening of any sealed component/s without Internet 2.0' s prior written approval; (e) have had changes made by buyer or buyer's agents to the physical, mechanical, electrical, software or interconnecting components of the equipment supplied by Internet 2.0 without written authorization of Internet 2.0 to do so; or (f) have been repaired or otherwise altered by anyone not under the control of, or not having the written authorization from Internet 2.0 to make such repair or alteration. Hardware: Internet 2.0 warrants that for a period of one 1 year from the Start Date (unless otherwise specified by contract with the buyer), the Equipment and Software shall be in compliance in all material respects with the Specifications and shall be free from defects in workmanship and materials. In the event that Internet 2.0 receives notice during the warranty period that any Hardware is faulty, the Customer's sole and exclusive remedy, and Internet 2.0 sole and exclusive liability, shall be for Internet 2.0, at its sole option, to either repair or replace the non-conforming Hardware in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the sole option of Internet 2.0. Internet 2.0 will use commercially reasonable efforts to ship the replacement Hardware within thirty 30 days for remote equipment commencing on the day that the faulty equipment is returned by Internet 2.0 or at its designated repair facility unless otherwise specified by contract. Actual delivery times may vary depending on the customer’s location and expediency of export documentation approval process. Hardware Return Procedures: A defective item can only be returned if it references a return material authorization ("RMA") number issued by and authorized through use of Internet 2.0 Customer Service Team. Service requests SR will not be accepted unless the customer has a valid Internet 2.0 agreement which is valid at the time of opening the service request SR . When returning faulty equipment, the RMA number noted in the commercial shipping invoice along with equipment description and serial data relevant for each piece of equipment being returned. All equipment must be suitably packed for export. Transportation costs, if any, incurred in connection with the return of a defective item to Internet 2.0 shall be borne by the customer under delivery terms CIP (incoterms 2010 to the designated repair facility. Internet 2.0 shall pay any transportation costs incurred with the redelivery of a repaired or replaced item under delivery terms CIP (incoterms 2010 . If, however, Internet 2.0 reasonably determines that the item is functional (no trouble found), the customer shall pay any transportation costs both ways. If Internet 2.0 determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided herein or that a warranty claim is made after the warranty period, the cost of repair by Internet 2.0, including all shipping expenses, shall be paid by customer unless otherwise specified by repair quotation or specific contract. Disclaimer: except as expressly set forth above, Internet 2.0 makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or noninfringement, or warranties or obligations arising from a course of dealing, usage or trade practice. Limitation of Liability: in no event will Internet 2.0 or its affiliates or suppliers be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if Internet 2.0 or its affiliate or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by customer. In addition, Internet 2.0 shall not be liable for customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to Internet 2.0, whether under warranty or not. Not withstanding the above described warranty, Internet 2.0 does not warrant that the software will be error free or uninterrupted in its use or operation.. THIS WARRANTY SHALL BE IN EFFECT FOR 1 Years.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Internet 2.0 Pty Ltd BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

MAXIMUM LIABILITY

THE AGGREGATE LIABILITY OF Internet 2.0 Pty Ltd ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE SOFTWARE.

Updates and Maintenance

Internet 2.0 Pty Ltd may need, from time to time, to make additions and upgrades to the Software. It shall be at the sole discretion of Internet 2.0 Pty Ltd to make releases of such updates to you, provided that you may need to agree to any changed EULA before the installation of the updates. Any updates and maintenance to the Software shall be done free of charge to you.

Free Trial

We offer a free trial to the users of our software for a period of As per Pricing Plans. You will be charged for the full cost of the Software upon the conclusion of the free trial.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this End User License Agreement including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Australian Capital Territory, Australia.

YOU AND Internet 2.0 Pty Ltd AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes

We reserve the right to make changes to this End User License Agreement at any time. We will not provide you with any notice when we make changes to this End User License Agreement.

Questions

If you have any questions about this EULA, please contact us at sales@internet2-0.com.