Xtranet End User Terms & Conditions and agreement between the User,
the ISP and the Appointed Agent

PLEASE NOTE: BY COMPLETING THE SIGNUP PROCESS AND SUBSCRIBING FOR THE SERVICE, THE ISP WILL ISSUE YOU WITH A USER NAME AND PASSWORD. BY USING THE USER NAME AND PASSWORD TO ACCESS THE SERVICE(S) AND/OR BY USING THE SERVICE(S) IN ANY WAY, YOU THE USER, WILL BE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, WHICH WILL FORM A BINDING AGREEMENT BETWEEN YOU THE USER, THE ISP AND THE APPOINTED AGENT, WHICH TERMS AND CONDITIONS YOU THE USER IS DEEMED TO HAVE FAMILIARISED YOURSELF WITH AND TO HAVE IRREVOCABLY ACCEPTED.

1 Interpretation
1.1 “this agreement" - means these terms and conditions of use and all other terms and conditions which the ISP may, from time to time, impose in respect of the Service, as amended and updated from time to time.
1.2 "the User" means the party who has purchased the Service and/or any person using the Service
1.3 "the ISP " means Xtranet (To be registered)
1.4 “the Appointed Agent” means Xtranet CC (CK 2007/147390/23), its successor in title or its appointed agent
1.5 “the effective date” means the date on which the ISP and/or the Appointed Agent activates the User’s subscription to the Service
1.6 "the Service" means the Internet service described hereunder in clause 4.2 and/or clause 5.2 provided by the ISP to the User in terms of this agreement

2 Recordal
2.1 The ISP hereby sells the Service to the User on a subscription basis on the terms and conditions set out in this agreement.
2.2 When the User subscribes for the Service, the ISP will issue a user name and password to the User. By using the user name and password to access the Service and/or by using the Service, the User will be signifying his/her acceptance of these terms and conditions of use, which will form a binding agreement between the User and the ISP and the Appointed Agent, which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted.
2.3 The User warrants that as at the effective date, all the details furnished by the User to the ISP and the Appointed Agent are true and correct and that they will notify the ISP and the Appointed Agent forthwith in the event of any change to such details.

3 Service Availability
3.1 All reasonable endeavours will be made by the ISP, its suppliers and service providers to make and keep the Service available to subscribers at all times.
3.2 Notwithstanding the aforegoing, the User agrees that the ISP, its suppliers and service providers shall not be liable in respect of any loss or damage caused by or arising from the non-availability of, any interruption in or the use of the Service for any reason whatever and howsoever arising.
3.3 This exclusion of liability of the ISP, it’s suppliers and service providers for loss or damage will include, but is not limited to:
3.3.1 loss caused by negligent acts of the ISP, it’s suppliers and service providers or their employees
3.3.2 any direct, indirect, consequential, incidental or specific loss or damage resulting from interruption of the Service, the User’s business, loss of information, loss of any form of data or any other cause of any nature, whether foreseen or not
3.4 The ISP, its suppliers and service providers may suspend its obligations in terms of this agreement temporarily in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the ISP’s, its suppliers’ or service providers’ services.
3.5 All reasonable endeavours will be made by the ISP, it’s suppliers and service providers to notify the User of any maintenance and/or repairs which may result in the non-availability of the Service, but no warranty or other contractual undertaking is given that such notice will be given. The User shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension or interruption of the Service. Additionally the User shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension, which is beyond the control of the ISP or its suppliers and service providers.

4 Conditions of use for Internet Access Service
4.1 To ensure the security and reliable operation of its services, the ISP, its suppliers and service providers reserve the right to take any action the ISP, its suppliers or service providers may find necessary to preserve the ongoing security and reliability of the Service.
4.2 With effect from the effective date the ISP, its suppliers and service providers, grant to the User the use of its Service to inter-alia gain access to and facilitate use of the Internet via a dial-up connection on the terms and conditions set out in this agreement. By making use of the Service in any manner whatsoever the User acknowledges and agrees to the following:
4.2.1 the username and password provided by the ISP, its suppliers or service providers will be used for the User’s personal use only. The User undertakes to maintain the confidentiality of such username and password and the User is not to give or make available in any way his/her username and/or password to any other person for such person's use, which shall be deemed to be unauthorised use
4.2.2 the User shall not, at any time, permit and/or initiate a simultaneous network log-in and will not attempt to bypass the ISP’s, its suppliers’ or service providers’ user authentication processes or engage in attempts to access the ISP’s, its suppliers’ or service providers’ networks where not expressly authorised to do so, which actions shall be deemed to be unauthorised use of the Service
4.2.3 should any unauthorised use takes place, the User shall, in conjunction with any other rights the ISP, its suppliers or service providers may have in terms if this agreement, pay immediately, on demand made by the ISP, its suppliers or service providers, any and all costs, including but not limited to additional service fees, incurred in such unauthorised use
4.2.4 in the event that the User’s password is compromised, the User shall immediately notify the ISP, its suppliers or service providers and change his/her password
4.2.5 the User acknowledges that they are prohibited from utilising the Service to compromise the security or tamper with system resources or account(s) on computer(s) at the ISP, its suppliers or service providers, or at any other site
4.2.6 the User agrees to conform to generally acceptable Internet etiquette and to abide by the ISP's, its suppliers' and service providers' operating policies and Acceptable Use Policy (AUP), which may be amended from time to time at the sole discretion of the ISP, its suppliers or service providers, and is available to the User on demand, and the User hereby indemnifies and holds harmless the ISP, its suppliers or service providers from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy
4.2.7 the User undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the Service including those expressly specified or impliedly specified by the ISP, its suppliers or service providers or by any of the local or foreign service providers or any laws governing the provision of the Service
4.2.8 it is specifically recorded that the User is expressly not authorised to tamper with the Service, servers or networks provided by the ISP, its suppliers or service providers in any manner whatsoever, nor to utilise the Service in any manner which may compromise the security of the Service, servers or networks provided by the ISP, its suppliers or service providers. To ensure the security and reliable operation of the Service, servers or networks provided by the ISP, its suppliers or service providers, the ISP, its suppliers or service providers and/or the Appointed Agent hereby reserve the right to take whatever action the ISP, its suppliers or service providers and/or the Appointed Agent may find necessary to preserve the security and reliability of the Service, servers or networks provided by the ISP, its suppliers or service providers
4.2.9 Acknowledges that initial Set-up fees are non-refundable and that they constitute a once-off payment subject to certain renewal charges.

5 Conditions of use for Domain Registration, Domain Hosting and Website Hosting Service
5.1 The ISP, the Appointed Agent, their suppliers and service providers register Domains on the Internet through the relevant governing bodies and host Web-sites and related material on the the the Appointed Agent's, their suppliers and service providers server(s) on behalf of the User. These terms and conditions apply to the use and registration of Domain names and the Web Hosting services offered by the ISP, the Appointed Agent, their suppliers and service providers.
5.2 The Domain Name / Hosting User hereby:
5.2.1 Acknowledges that the ISP, the Appointed Agent, their suppliers and service providers have not and do not conduct pre-registrability searches in respect of the User's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name User about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights; and
5.2.2 Confirms that the use or registration of the Domain Name by the User does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that the User has the right to use the Domain Name as requested;
5.2.3 Acknowledges and agrees that the ISP, the Appointed Agent, their suppliers and service providers cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time the User acknowledges that the ISP, the Appointed Agent, their suppliers and service providers may be presented with evidence that a Domain Name registered by the User violates the rights of a third party. In such instance the ISP, the Appointed Agent, their suppliers and service providers shall be allowed to provide a complainant with the User's name and address and all further communication will exclude the ISP, the Appointed Agent, their suppliers and service providers and the ISP, the Appointed Agent, their suppliers and service providers will have no further obligations to the the User. In such instance the User shall be entitled to continue using the Domain Name registered for the User by the ISP, the Appointed Agent, their suppliers and service providers until a court directs otherwise.
5.2.4 Acknowledges that the ISP, the Appointed Agent, their suppliers and service providers will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the User’s selected domain names/s.
5.2.5 Accordingly indemnifies the ISP, the Appointed Agent, their suppliers and service providers against any loss whatsoever arising from any dispute or claim occasioned by the User’s use and registration of its selected Domain Name, even if the ISP, the Appointed Agent, their suppliers and service providers has been advised of the possibility of such damages.
5.2.6 Acknowledges that initial Set-up fees include domain Name Registration fees and are non-refundable and that they constitute a once-off payment subject to certain renewal charges.
5.2.7 The ISP, the Appointed Agent, their suppliers and service providers will exercise no control whatsoever over the content of the material hosted on, or the information passing through the the ISP, the Appointed Agent, their suppliers and service providers network.
5.2.8 The ISP, the Appointed Agent, their suppliers and service providers makes no warranties or representations of any kind, whether express or implied as to the service they are providing. The ISP, the Appointed Agent, their suppliers and service providers also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the User. Use of any information obtained through the ISP, the Appointed Agent, their suppliers and service providers is at the User's own risk, and the ISP, the Appointed Agent, their suppliers and service providers specifically deny any responsibility for the accuracy or quality of information obtained through its services. Any reference to connection speed represents the estimated speed of a connection, and does not represent guarantees of available end to end bandwidth.
5.2.9 The ISP, the Appointed Agent, their suppliers and service providers expressly limits its damages to the User for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. The ISP, the Appointed Agent, their suppliers and service providers specifically deny any responsibilities for any damages arising as a consequence of such unavailability.

5.2.10 The User expressly agrees that use of the ISP, the Appointed Agent, their suppliers and service providers's Server(s) and Services are at the User's sole risk. Neither the ISP, the Appointed Agent, their suppliers and service providers, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the ISP, the Appointed Agent, their suppliers and service providers's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the the ISP, the Appointed Agent, their suppliers and service providers Server service, unless otherwise expressly stated in this Agreement.
5.2.11 The ISP, the Appointed Agent, their suppliers and service providers does not host any materials which are deemed to be offensive or illegal. This includes Pirated software, Adult / Sex-related sites, Pornography and sex-related merchandising, Violations of Copyrights, 419 Scams, Hacker programs or archives, Warez sites, IRC servers, IRC bots, Hate propaganda or any content in contravention of the laws of the Republic of South Africa.
5.2.12 The ISP, the Appointed Agent, their suppliers and service providers reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to any time after it has been put on the ISP, the Appointed Agent, their suppliers and service providers's server(s). the ISP, the Appointed Agent, their suppliers and service providers agrees to notify the User immediately of its refusal of the material and afford the User the opportunity to amend or modify the material to satisfy the needs and/or requirements of the ISP, the Appointed Agent, their suppliers and service providers. If the User fails to modify the material, as directed by the ISP, the Appointed Agent, their suppliers and service providers, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
5.2.13 All forms of "Deep linking" or URL obfuscation are prohibited unless written permission is given.
5.2.14 The ISP, the Appointed Agent, their suppliers and service providers does NOT provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge.
5.2.15 The ISP, the Appointed Agent, their suppliers and service providers reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary at its sole discretion.
5.2.16 The ISP, the Appointed Agent, their suppliers and service providers reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary at its sole discretion.
5.2.17 The ISP, the Appointed Agent, their suppliers and service providers reserves the right (but does not assume any obligation) to inspect the contents of data that the Subscriber transmits, receives or stores on an the ISP, the Appointed Agent, their suppliers and service providers Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. the ISP, the Appointed Agent, their suppliers and service providers also reserves the right to disclose the contents of data that the Subscriber transmits, receives or stores on the ISP, the Appointed Agent, their suppliers and service providers servers to the police or other law enforcement authorities.
5.2.18 The User confirms that they will not use any of the the ISP, the Appointed Agent, their suppliers and service providers servers for any form of bulk emailing without the express written permission of the Directors of the Appointed Agent.
5.2.19 The ISP, the Appointed Agent, their suppliers and service providers has zero tolerance for the use of their servers for the sending of unsolicited email or Spam. If an applicant Spams in any way shape or form their website will immediately be suspended and punitive action will be taken.
5.2.20 Individual mail sent to the applicant's Pop3 box or forwarded to the applicant's existing email address may be limited to 3000k in size each.
5.2.21 A cancellation request in respect of any Domain registration, Web Hosting or Dialup service must be furnished in writing or fax to the Appointed Agent or their nominee, one calendar month (30 days) before the date of ceasing the service. The cancellation request must be on a company letterhead and must specify the hosting account/s which are being cancelled. All cancellations shall be effective at the latest on the last day of the month following the receipt of the cancellation request.
5.2.22 In the case of a website being suspended due to non-payment a reconnection fee of R200.00 will be payable before the website is unsuspended.

6 Payment
6.1 The User agrees to pay the Service setup and subscription fees, which may include (without being limited to) fees for other services the User may subscribe to from time to time (“additional services”).
6.2 The User shall be billed monthly in advance for the Service and/or additional services for the period commencing on the first day of the month to the last day of the same month.
6.3 Should there be a setup fee for the Service and/or additional services, as the case may be, the User shall be billed this setup charge for the Service and/or additional services, as the case may be.
6.4 The User agrees to pay to the Appointed Agent such charges as levied by the ISP from time to time as follows:
6.4.1 All amounts payable in terms of this agreement shall be paid by way of a direct debit order (drawn against a current banking account nominated by the User in favour of the Appointed Agent) or in such other manner as the ISP or it’s Appointed Agent may from time to time determine and shall be free of exchange and paid in full without deduction, discount, refund, set-off or any other credit in respect of any suspension or interruption of or delay in the Service, or where in any month the client has utilised less than any minimum bandwidth specified
6.4.2 the User hereby expressly authorises the Appointed Agent to debit its current banking account for all amounts due to the ISP in terms of this agreement, which amount is non-refundable.
6.4.3 payment of charges may not be withheld by the User for any reason whatsoever
6.5 Should any payment not be made on due date, the ISP and/or its Appointed Agent shall be entitled, without prejudice to any other rights they may have, to:
6.5.1 charge interest on such arrear payment as from due date to date of actual payment thereof at a rate equal to the annual prime rate charged by First National Bank on overdrawn accounts from time to time, plus 2% (two percent)
6.5.2 suspend performance of the ISP’s, its suppliers’ or service providers’ obligations under this agreement pending full payment by the User
6.5.3 take all such further steps as may be necessary to recover the outstanding amount from the User, in which event the User agrees to pay all costs associated with such recovery on an attorney and own client basis. Additionally the ISP and/or the Appointed Agent reserve the right to levy a charge for handling fees at an amount determined by the ISP and/or the Appointed Agent for monies due in the event of a User’s payment being returned or rejected by the User’s bankers without notice, or to suspend the User’s access to and use of the Service until such time as the outstanding amount has been paid in full
6.5.4 terminate this agreement with immediate effect
6.5.5 record the existence of the User's account with a Credit Bureau.
6.5.6 record and transmit details of how the User has performed to a Credit Bureau, and how the account is conducted by the User in meeting their obligations on the account.
6.5.7 The User confirms that all statements made in the completion of their account signup process are true and correct. the ISP, the Appointed Agent, their suppliers and service providers reserve the right to request written proof thereof.
6.6 The setup charges for the Service and/or any additional services, as the case may be, is a charge for initiating the Service and/or additional services at the users request by their completing the online signup process, as the case may be, and the User shall be liable for the setup charge irrespective of the use made of the Service and/or additional services, as the case may be.
6.7 The monthly charges for the Service and/or any additional services, as the case may be, is a charge for permitting the User continued access to the Service and/or additional services, as the case may be, and the User shall be liable for each and every monthly charge irrespective of the use made of the Service and/or additional services, as the case may be.
6.8 Invoices shall only be issued by the ISP to the User on request.
6.9 In the instances where this agreement, in respect of any products applied for, specifies a minimum subscription period (“minimum period”) longer than one month’s duration and the User cancels or purports to cancel this agreement in respect of such service, prior to expiration of such minimum period, the remainder of all monthly payments payable during the subscription period shall immediately become due and payable to the ISP and/or it’s Appointed Agent.
6.10 The ISP reserves the right, in its sole discretion, to increase or decrease the Service subscription fees, and undertakes to give the User at least 30 (thirty) days notice of any such increase or decrease. Should the amended fee be unacceptable to the User, the User may terminate this agreement in accordance clause 8 below, failing which the amended fee shall take effect on the date indicated in the written notice.
6.11 The provision and costs of software and/or web site development, including HTML coding, design, development and maintenance, and the support thereof by the ISP, its suppliers or service providers, are specifically not included as part of the Service as set out in this agreement unless otherwise specified.
6.12 The User certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised to contract on their behalf.

7 Exclusion of Liability
7.1 Except as otherwise expressly provided herein to the contrary, the ISP, its suppliers or service providers and the Appointed Agent shall not be liable to the User or any third party for any loss or damage of whatsoever nature and/or howsoever arising from the use of the Service and/or this agreement (including consequential or incidental loss or damage such as, without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings), or through the User’s failure to comply with any provision of this agreement or with any other requirements which the ISP, its suppliers or service providers and/or the Appointed Agent may impose from time to time, or through any unavailability or interruption in the Service as described in 3 above.
7.2 Without derogating from the generality of clause 7.1, the ISP, its suppliers or service providers and/or the Appointed Agent shall not be liable for any damage or loss arising from the loss of or damage to any of the User’s hardware, software, applications or for unauthorised actions taken on the Service, servers or networks provided by the ISP, its suppliers or service providers and/or the Appointed Agent by the ISP, its suppliers or service providers and/or the Appointed Agent and/or any third parties.
7.3 The User hereby indemnifies the ISP, its suppliers or service providers and/or the Appointed Agent and holds the ISP, its suppliers or service providers and/or the Appointed Agent harmless from any claim by any party arising directly or indirectly out of access to or use of the Service or information obtained through the use of it, or in respect of any matter for which liability the ISP, its suppliers or service providers and/or the Appointed Agent is excluded in terms of clause 7.1 above.

8 Announcements
8.1 The User agrees that the ISP, its suppliers and service providers and/or the Appointed Agent may from time to time send the User various communications by email, SMS or other methods, regarding (without being limited to) special offers or discounts which the ISP, it’s suppliers and service providers and/or the Appointed Agent may negotiate for its users, operational changes that may affect the Service and/or additional services and/or new services launched by the ISP, its suppliers and service providers and/or the Appointed Agent from time to time.

9 Breach
9.1 Should the User be in breach of any provision of this agreement, then the ISP, its suppliers or service providers and/or the Appointed Agent shall be entitled, without prejudice to any other rights they may have and without notice to the User, to forthwith:
9.1.1 claim immediate payment of all outstanding amounts payable in terms of this agreement
9.1.2 suspend the User’s use of and access to the Service
9.1.3 terminate this agreement, retain all amounts already paid by the User and recover all costs incurred, if any, by the ISP, its suppliers or service providers and/or the Appointed Agent, including (without being limited to) legal costs on an attorney and own client basis

10 Cession
10.1 The ISP and/or its Agent shall be entitled to delegate, cede and/or assign its rights and obligations in terms of this agreement to any third party, without notice to the User.
10.2 The User shall not be entitled to cede or assign any of its rights or obligations in terms of this agreement without the prior written consent of the ISP and/or the Appointed Agent, which consent shall not be unreasonably withheld.

11 Jurisdiction
11.1 The User hereby irrevocably consents to the jurisdiction of the Magistrates’ Court in the terms of Section 28 of the Magistrates’ Courts Act of 1994, provided that the ISP and/or the Appointed Agent shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa and the User further agrees that costs shall be calculated in accordance with the tariff of such court.

12 Amendment
12.1 The ISP and/or it’s Appointed Agent reserve the right to amend this agreement from time to time without notice to the User.
12.2 Any new version of the agreement will be made available on the ISP’s web site. It is the User’s express obligation to regularly visit the ISP’s web site to ascertain whether any amendments have been made to this agreement.
12.3 The User shall have no authority to amend, modify or vary the terms and conditions of this agreement or any other terms and conditions stipulated by the ISP, its suppliers or service providers for the provision of the Service.

13 Notices And Domicilium
13.1.1 The Parties choose as domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at:
13.1.2 The ISP: the physical address as published on the ISP’s website
13.1.3 The User: the physical address provided by the User when subscribing for the Service
13.1.4 Xtranet CC (CK 2007/147390/23): 24 Lynn Ave , Glen Ashley , Durban, South Africa
13.2 The User agrees that any notices sent to the User in terms of this agreement may be sent via email.

14 Whole Agreement
14.1 This agreement constitutes the whole of the agreement between the parties hereto relating to the matters dealt with in this agreement and save to the extent otherwise provided herein no representation, term or condition relating to the subject matter of this agreement not incorporated in this agreement shall be binding on any of the parties.
14.2 No variation, addition, deletion, or cancellation will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorised representatives.

15 Severability
15.1 In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and the agreement shall be carried out as nearly as possible in accordance with its original terms and intent.

16 Covenant of Good Faith
16.1 The User warrant that as at the effective date, all the details furnished by the User to the ISP are true and correct and that the User will notify the ISP timeously in the event of any change to such details.
16.2 Each Party agrees that it shall at all times act in good faith, in its respective dealings with the other parties under or in connection with this agreement.

17 Indulgences
17.1 No time extension or other indulgences which the ISP, its suppliers or service providers and/or the Appointed Agent may grant to the User shall constitute a waiver of any of the rights of the ISP, its suppliers or service providers and/or the Appointed Agent who shall not be precluded from exercising any past or future rights against the User.

18 Duration
18.1 This agreement will commence on the effective date and will endure for an indefinite period, subject to the right of either party to terminate this agreement at any time by means of 1 (one) calendar month prior written notice to such effect to the other party.
18.2 Upon termination of this agreement, any outstanding amounts remain payable and have to be settled within thirty (30) days of termination, subject to the conditions of 5 above.

XTRANET INTERNETSERVICE PROVIDERS LICENSE AGREEMENT

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. LICENSOR'S GRANT OF LICENSE HEREUNDER IS CONDITIONED UPON THE TERMS OF THIS AGREEMENT, AND LICENSOR IS NOT WILLING TO ENTER INTO THIS AGREEMENT IF YOU ARE NOT WILLING TO ACCEPT SUCH TERMS.

"Licensor" [Xtranet CC (CK 2007/147390/23)] grants you ["Licensee"] a non-transferable, non-exclusive license to use this copy of the software ("Software") and accompanying materials (all of which are the "Software") according to the following terms:

LICENSE:

You may:
a) use and install the Software on your computer;
b) make copies of the Software in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
c) physically transfer the Software from one computer to another; and
d) transfer the Software onto permanent memory (i.e., hard disk or other storage device) for use with the computer identified in subparagraph (a) above.

You may not:
a) permit others to use the Software except pursuant to the terms of this agreement;
b) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the Software or accompanying materials;
c) rent, transfer or grant any rights in the Software in any form or accompanying materials to any person without the prior written consent of Licensor which, if given, is subject to the conferee's consent to the terms and conditions of this license; or
d) remove any proprietary notices, labels or marks on the program and accompanying materials.

This license is not a sale. Title and copyrights to the Software, accompanying materials and any copy made by you remain with Licensor or its licensors.

TERMINATION
Unauthorized copying of the Software or the accompanying materials, or failure to comply with this agreement will result in the automatic and immediate termination of this license and will make available to Licensor other legal remedies. Upon termination of this license, you will destroy or return to Licensor the Software, accompanying materials and any copies.

LIMITED WARRANTY AND DISCLAIMER
Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will operate in substantial conformity with the Documentation. Licensor does not warrant that Licensee's use of the Software will be uninterrupted or error-free. Licensor also warrants that the media containing the Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Licensor's sole liability from any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media; (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; (iii) provide or make available a replacement of or correction to the Software, or (iii) if the above remedies are impracticable, to refund the license fee paid for the Software. Only if you inform Licensor of your problem with the Software during the warranty period and provide evidence of the date you purchased a license will Licensor be obligated to honor this warranty.

THE AFOREMENTIONED WARRANTY IS PROVIDED IN LIEU OF ALL OTHERS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION WILL APPLY EVEN IF LICENSOR OR AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL
This Agreement will be governed by the laws of the Republic of South Africa
This agreement is the entire agreement between us and supersedes any other communications with respect to the Software. If any provision of this agreement is held to be unenforceable, the remainder of this agreement shall continue in full force and effect.

TAKE DOWN AGENTS
ISPA acts on behalf of Xtranet as agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act

Name, address, phone number and e-mail address of your appointed agent.
The relevant details for ISPA are:

Tel: 010 500 1200
takedown@ispa.org.za
PO Box 518
Noordwyk
1687
Midrand