Terms of Use
Introduction
Your use of Locus Limited’s website (the “Website”) and all related content, including but not limited to software, documentation, images, videos, etc., is subject to these Terms of Use, our Privacy Policy and any other relevant terms and conditions, policies, and notices which are posted on a specific section or module of the Website. Please read these Terms of Use carefully before using the Website.
Accepting these Terms of Use
By using the Website, you signify your agreement with the Terms of Use. If you do not agree with any of the Terms of Use, do not use the Website. Locus Limited (“Locus”) reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use will be posted on the Website.
Copyright
The Website is controlled and operated by Locus. All content on the Website is protected by copyrights which are owned and controlled by Locus or by other parties that have licensed their materials to Locus. Unless otherwise specified, the content on this Website is for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell content obtained from the Website without written permission from Locus.
Notice Specific to FME Software Available on the Website
Any FME Software that is made available to download from the Website is the copyrighted work of Safe Software and/or Safe’s licensors. Use of the FME Software is governed by the terms of the end user license agreement which accompanies or is included with the FME Software (the “License Agreement“). The FME Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE FME SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
License of Your Content
By posting, publishing, uploading, or distributing any messages, data, software, workspaces, information, text, graphics, links, content, or other materials (collectively, “Postings”) for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Locus a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Locus for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Locus.
Restrictions on Use
You agree not too knowingly:
(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
(b) post or transmit to the Website any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
(c) post or send to the Website any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Website’s content other than as expressly permitted herein;
(e) post to or transmit via the Website any information in violation of another party’s copyright or intellectual property rights;
(f) take any action which could damage, disable, overburden or impair the Website infrastructure or Locus’s network system;
(g) re-deliver any of Website or the content using “framing”, hyperlinks, or other technology without Locus’s permission;
(h) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Locus server through hacking, password mining or any other means;
(i) take any action which may interfere with any other party’s use and enjoyment of the Website; or,
(j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
Delivery of Goods and Services
- Training/Event attendance
Customers purchasing training courses and/or attendance at trade show events will be advised at time of purchase the applicable date/time of the event. The event may be scheduled for up to 6 months ahead of purchase date. The training course and/or trade event will be delivered in accordance with the date(s) advertised on the Website at time of purchase.
Cancellations, Returns and/or Refunds
FME software is available for download on a try-before-you-buy basis. The 30 day trial period is free of charge and Locus works with customers to fully evaluate the software against their needs before a purchase decision is made. Locus will extend the trial period for up to 60 days free of charge should additional evaluation time be required. Should a customer who has purchased a training course and/or attendance at trade event(s) be unable to attend, attendance at this course/event will be credited forward and an alternate date for attendance agreed with the customer.
Pricing Transparency and Disclosure of Additional Charges
Prices for FME products and services are disclosed in full on the Website, no additional charges will apply unless explicitly stated. All pricing is displayed on the Website in New Zealand Dollars (NZD) and in Australian Dollars (AUD). FME software pricing is established by Safe Software and provided to Locus in Canadian Dollars (CAD). Locus uses ANZ’s retail foreign exchange indicative rates for Buy and Sell transactions to convert CAD pricing to NZD for supply within New Zealand. These rates are subject to change at any time without notice. Refer to ANZ indicative rates for more information. FME Form and associated products priced in AUD are sold for supply within Australia.
Links to Other Sites
The Website may contain links to other web sites. Such linked sites are not under Locus’s control, and Locus is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. LOCUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, LOCUS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LOCUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.