This software is available for you to download from Vodafone Limited and is the latest release, however, it is highly recommended that you use the specific version that Vodafone New Zealand Limited suggests.
File Size 4.14 MB
Last Updated: 13.04.2006
PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE OPENING THIS PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON. BY OPENING THIS PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE.
1. Definitions
In these terms
and conditions the following words shall have the following meanings:
"you" means the person using the Product; "Product" means the Software
downloaded by you by itself from a Vodafone website or supplied to
you on a Compact Disc or any other media either by itself or together
with the Vodafone Mobile Connect Card; "Services" means data transmission
and other services offered by Vodafone under a GPRS airtime contract
or otherwise; "Software" means the Vodafone Mobile Connect software
which is supplied to you on the Compact Disc together with the Mobile
Connect Card or downloaded by you separately from a Vodafone website:
"we" "us" means Vodafone Limited and Vodafone New Zealand Limited.
2. Licence to Use
We grant you
a non-exclusive licence to use the Product in connection with the
Services. We do not accept any responsibility or liability nor grant
any licence to use the Software with a non-Vodafone network or SIM
card. You may not copy, modify, reverse engineer or decompile the
Product and/or the software contained in or on the Product or any
part of it (save to the extent expressly permitted by law). You may
not transfer, assign, sublicense, or otherwise distribute or enable
a third party to use the Software or the Product or any part of it.
You may only use the Product with one computer. You may make one copy of the Software for back up purposes.
You are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data.
The Product together with the Vodafone SIM Card may be used by you to link into websites, resources and /or networks worldwide. We do not accept any responsibility for the content, services or any loss or damage you may suffer by using such websites and networks. You agree that you will not use the Product or any part of it in breach of any relevant laws or regulations. Further you agree to keep secret and in a safe place any passwords or other access devices you may be provided with in order to prevent any unauthorised use of the Product.
3. Termination
This licence is
effective until terminated. You may terminate it at any time by deleting
the Software including any back up copies from all your devices and
returning the Product to us at Vodafone NZ Limited, v.nue, 20 Viaduct
Harbour Avenue, Private Bag 92161, Auckland, New Zealand. This Agreement
shall automatically terminate if you fail to comply with these terms
and conditions or with the terms and conditions of any other contract
pursuant to which we or our third party distributors have made the
Product available to you.
Upon termination of this Agreement, you will cease to use the Product and delete the Software including any back-up copies from all your devices and return the Product to us at Vodafone NZ Limited, v.nue, 20 Viaduct Harbour Drive, Private Bag 92161, Auckland, New Zealand.
4. Intellectual Property Rights
We and/or our licensors as the case may be, own all the copyright,
design rights, "Look and Feel", trade marks and other intellectual
property rights in and to the Product. The fact that we have supplied
you with the Product does not mean that we have transferred any of
our or our licensors rights in the Product to you, we have simply
permitted you to use it strictly on the terms and conditions of this
licence.
5. Customer Services
If you have
a general question about setting up or using your Vodafone Mobile
Connect, call us on 777 free from your Vodafone mobile, on 0800 800
021 from another network, or on +64 9 355 2007 from overseas. For
technical support, please call 0800 921 021 free from any mobile or
landline, or +64 9 357 5198 if you're overseas.
6. Unique Identifier
When you
install this Software an anonymous unique identifier (UID) is created
at random. The UID does not allow Vodafone to identify any individual
users by name. It cannot be used to monitor which web sites have been
visited or e-mail addresses contacted by users. Using this UID, the
following types of non-personal information will be forwarded to Vodafone
when you connect to the Vodafone network:
This information will be stored on a secure server for the following purposes:
If you do not want the UID to be used, then it is possible for you or your IT Manager to disable this function. However it should be noted that Vodafone may not be able to fully support the Services if this function is disabled, as we will not be aware of which updates or software patches you may need. Please find details on how to disable the UID function on the Vodafone support portal at www.business.vodafone.com
Please note that sending and receiving the above information will necessitate sending small amounts of data over your connection. You will be charged for this at your agreed rate and typical charges are provided at the support portal www.business.vodafone.com. Please see the support website for typical costs.
7. Exclusion of warranties
To
the fullest extent permitted by applicable law, the Product is furnished
to you "as is" without any warranty, conditions, representations or
other terms regarding the Product from our licensors. Neither we nor
our licensors warrant that the Product will meet your requirements
or that the operation of the Product will be uninterrupted or error
free. To the extent permitted by law we and our licensors disclaim
and exclude all warranties, representations, conditions and other
terms of any kind, express or implied or whether arising by statute,
common law or otherwise. This clause does not affect your statutory
rights.
8. Limitation of Liability
We
or our licensors will not be liable to you for any compensation, reimbursement
or damages on account of the loss of present or prospective profits,
loss of revenue, turnover of sales; loss of good will; loss or damage
to reputation; loss of contracts or customers; loss of anticipated
savings; loss of or damages to data or programs or any other reasons
whatsoever or indirect, special, incidental or consequential damages
whether arising in tort (including negligence) or contract and even
if we or our licensors have been informed of the possibility of such
losses or damages.
9. Law and Jurisdiction
These
terms and conditions shall be governed by the laws of New Zealand
and the parties hereby irrevocably submit to the exclusive jurisdiction
of the New Zealand courts.