This Evaluation End User Licence Agreement sets forth the terms and conditions between Peakhour.io Pty Ltd (ABN 76 619 930 826) (Peakhour) and its customers (Client) in relation to the Client's evaluation of Peakhour's software (Software) and accompanying documentation (Documentation). By using our services the Client agrees to be bound by this Agreement.
Licence
Peakhour grants the Client a single time, limited, non-exclusive, non-assignable licence to evaluate the Service for its internal business purposes only for a maximum term of thirty days from the date the Client requests the Service through the peakhour.io website. It is a condition of this licence that the Client at all times complies with Peakhour's Acceptable Use Policy. The Client acknowledges that to provide our Services we will decrypt all incoming and outgoing traffic to the Client's website on our servers, and re-encrypt as necessary.
Services
The Client acknowledges that Peakhour does not offer any services, including technical support, in relation to this Agreement.
Intellectual Property
The Client grants Peakhour a worldwide, non-exclusive, revocable licence to store, copy, transmit and display data on, or derived from, the Client's website:
- to provide and use the Software;
- to grant a sub-licence to third parties that provide services to Peakhour;
- to improve the Software and Peakhour's services.
The Client acknowledges that all right, title and interest in and to the Software is and remains the property of Peakhour or its licensors. If the Client provides Peakhour with any feedback in relation to the Software, the Client hereby assigns all intellectual property rights in that feedback to Peakhour.
No warranty or liability
To the extent permitted by law, the Software is provided 'as is' without warranty of any kind and Peakhour disclaims all warranties of any kind, whether express, implied or statutory including as to functionality, performance, accuracy, completeness or fitness for purpose of the Software.
To the extent permitted by law, Peakhour shall not be liable to the Client for any damages whatsoever, including for consequential loss, including loss of profit, revenue, savings, business, data, goodwill and any other indirect, incidental or special damage or loss of any kind.
Indemnity
The Client will defend, indemnify and hold harmless Peakhour from a claim by any third party arising out of, or related to, the Client's use of the Software in breach of this Agreement, including any breach by the Client of the Acceptable Use Policy.
Terminable at will
Either party may terminate this Agreement at will by notice to the other party.
Governing law
This Agreement is governed by the law of New South Wales, Australia.