- USE OF THE SERVICE OFFERINGS
- You will adhere to all laws, rules, and regulations applicable to your use of the service offerings. You are responsible for all activities that occur under your account. These include the technical operations (i.e. protection and backup) of your content and any claims relating to your content.
- Regardless of whether the activities are undertaken by you, your employees or a third-party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, i-LAN Technology Pty Ltd and our affiliates are not responsible for unauthorized access to your account.
- You will contact us immediately if you believe an unauthorized third-party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time.
i-LAN Technology Pty Ltd may change, discontinue, or deprecate any of the Service Offerings (including the Service Offering as a whole) or change or remove features or functionality of the Service Offerings from time to time. i-LAN Technology Pty Ltd will announce any material change to, or discontinuation of the Service Offerings through our normal business channels including websites (www.i-lan.com.au
), newsletters or email.
- DATA PRIVACY
i-LAN Technology Pty Ltd will not disclose Your Content to an unrelated party without notifying you, unless required to comply with the law or requests of governmental entities.
- TEMPORARY SUSPENSION
i-LAN Technology Pty Ltd may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you, if i-LAN Technology Pty Ltd determines:
- Your or an End User’s use of or registration for the Service Offerings:
- Poses a security risk to the Service Offerings or any third-party
- May adversely impact the Service Offerings or the systems or Content of any other VigorACS 2 customer
- May subject us, our affiliates, or any third party to liability
- May be fraudulent
- You are, or any End User is, in breach of this Agreement. You remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access after the date of suspension. You will not be entitled to any service credits for any period of suspension. i-LAN Technology Pty Ltd will not erase any of Your Content as a result of your suspension for at least 6 months.
- TERM AND TERMINATION
You may terminate this Agreement for any reason by:
- providing us a notice, and
- closing your account for all Services provided by i-LAN Technology Pty Ltd
i-LAN Technology Pty Ltd may terminate this Agreement for any reason by providing you a 30 days advance notice, if:
- Our relationship with a third-party partner who provides software that i-LAN Technology Pty Ltd uses to provide the Service Offerings expires, terminates or requires us to change the way i-LAN Technology Pty Ltd provides the software or other technology as part of the Services
- i-LAN Technology Pty Ltd believes that providing the Services could create a substantial economic or technical burden or material security risk for us
- LICENSE RESTRICTIONS
Neither you nor any End User may, or may attempt to:
- Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings.
- Reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings.
All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used.
You will defend, indemnify, and hold harmless to us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, confrontations, electricity outages, storms, earthquakes, hacking crimes, communications systems failure, natural disasters and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
- Your or any End Users’ use of the Service Offerings (including any activities under your account and of use by your employees and personnel).
- Breach of this Agreement or violation of applicable law by you or any End User.
- Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content.
- A dispute between you and any End User. If i-LAN Technology Pty Ltd or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then current hourly rates.
The service offerings are provided “as is”. i-LAN Technology Pty Ltd and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, including any warranty that the service offerings or third-party content will be uninterrupted, error-free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, i-LAN Technology Pty Ltd and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
- MODIFICATIONS TO THE AGREEMENT
i-LAN Technology Pty Ltd may modify this Agreement at any time by posting a revised version on www.i-lan.com.au and/or www.draytek.com.au. The modified terms will become effective upon posting or, if i-LAN Technology Pty Ltd notifies you by email, as stated in the email message.
- VigorACS 2 TRIAL
VigorACS2 Trial is a software that is provided free of charge to customers for a trial period of 30 days. i-LAN Technology Pty Ltd will not keep customer’s trial information, and customer details including the node information is to be deleted after 30 days.
The customer acknowledges that he/she understands and agrees on the terms and conditions for VigorACS 2 Trial/Licensed, in addition to the terms and conditions for trading with i-LAN Technology Pty Ltd.
Following the 30 days trial, the customer may opt to purchase the licensed version, VigorACS 2 Licensed, to host on his own server or Cloud server. i-LAN Technology provides technical support and warranty for the working of the software itself to the extent of the price of the software.