Vous êtes sur la page 1sur 3

End-User License Agreement

PLEASE REVIEW THE FOLLOWING LICENCE 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. IF YOU DO NOT AGREE TO ALL
THESE TERMS AND CONDITIONS, CLICK ON THE "DECLINE" BUTTON AND THE PROGRAM
WILL NOT BE DOWNLOADED ONTO YOUR COMPUTER.

1.Definitions
In this licence the following words shall have the following meanings: "you" means the person using
the Software; "Services" means data transmission and other services offered by Vodafone under a
mobile data airtime contract or otherwise; "Software" means the Dashboard software which is either
supplied to you on the Compact Disc or any other media by itself or together with the Vodafone
Connect/ Broadband Card or downloaded by you separately from a Vodafone website; "we", "us" or
"our" means Vodafone New Zealand Limited.

2. Licence to Use
We grant you a non-exclusive licence to use the Software 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 Software 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 any part of it.
You may only use the Software 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 Software together with the Vodafone SIM card and your Vodafone data device 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 Software 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 Software.

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. This licence shall automatically terminate if you fail
to comply with the terms and conditions contained in it or with the terms and conditions of any other
contract pursuant to which we or our third party distributors have made the Software available to you
or your contract for the Services is terminated for any reason.
Upon termination of this Agreement, you will cease to use the Software and delete the Software
including any back-up copies from all your devices.

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 Software. The fact that we have
supplied you with the Software does not mean that we have transferred any of our or our licensors
rights in the Software to you, we have simply permitted you to use it strictly on the terms and
conditions of this licence.

5. Customer Services
If you need any help with the Software please call our customer service centre on 777 if you are using
the Vodafone New Zealand network, or +64 9 355 2007 if you are calling from a different network or
from Overseas, or write to us at:

Vodafone New Zealand


Customer Services
PO Box 92161
Auckland 1030
New Zealand.
If you are a Vodafone customer from another jurisdiction, please contact your local support team.

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 can not 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:
a) Version and configuration of the Software
b) Connectivity methods, such as infrared and Bluetooth, and devices used
c) Web Browser and email software version details
d) Laptop manufacturer product ID
e) Session information
f) When roaming, the country code and the mobile network to which you are connected.

This information will be stored on a secure server for the following purposes:
(i) From time to time Vodafone may need to update service related settings, this may be done without
notification.
(ii) You will be notified about various software updates and patches, every time you connect, weekly or
monthly, depending on your preference. You will be given the choice whether or not to accept these.
You may decide to download larger files/patches when you are connected via a faster internet
connection such as your corporate LAN.
(iii) compiling anonymous aggregate information about usage to improve the Mobile Broadband
Service. In no event will Vodafone use any aggregate data compiled in this way to send any marketing
information to you or disclose such information to any third party.

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 contact the Vodafone customer service centre on the number set out above for details on how
to disable the UID function.
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.

7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Software is furnished to you "as is" without any
warranty, conditions, representations or other terms regarding the Software from our licensors. Neither
we nor our licensors warrant that the Software will meet your requirements or that the operation of the
Software 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 will be liable to you if our negligence causes death or personal injury. In all other circumstances
and to the fullest extent permitted by applicable law 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.

The New Zealand Consumer Guarantees Act 1993 ("Act") may apply to the supply of the Software
under this licence. If the Act applies, then notwithstanding any provision in this licence, you may have
rights and remedies as set out in the Act which may apply in addition to, or to the extent that they are
inconsistent, instead of the terms of this licence, provided that if you are, or have indicated to us or our
licensors that you are, acquiring the program for business purposes or for re-supply in trade, then you
agree that the provisions of the Act will not apply and that your rights are limited to those contained in
this licence.
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.

10. Usage Window Accuracy


All amounts shown in the Usage window are approximate.
Various factors, including other programs running on your computer (e.g. automatic updates or
compression software) may cause differences between the amount of data shown as transferred in the
Usage window, and the transfer actually recorded by mobile networks. These differences may
sometimes be large.
Your actual usage, rounded up as per our rounding policy (see www.vodafone.co.nz/mobileconnect for
latest KB price rounding), will be recorded in your monthly bill and our charges are calculated on this
basis.