Licence agreement

Please read each section of this agreement carefully.

By purchasing, installing or using a Doofa® tool you will be deemed to have accepted the terms and conditions of this agreement. If you do not accept these terms and conditions you must not install or use any Doofa® tool. Doofa is intended to be used as an add-on to Microsoft Office Excel software. For details please read our technical specifications.


 

1. Licence

Sunfire grants to you, and you accept, a non-exclusive, non-sublicensable, non-transferable, renewal annual licence to install and use the Doofa® Tool subject to the provisions of this agreement.  The annual licence is valid for 12 months from the date of purchase after which time the licence can be renewed.

 

2. Restrictions on use
2.1 You must:
  1. install, activate and use the Doofa® Tool in accordance with any user requirements made available, or advised of, through this Website in relation to the Doofa® Tool;
  2. only install, activate and the Doofa® Tool on one computer or device per licence purchased;
  3. not translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Doofa® Tool, or directly or indirectly allow or cause a third party to do so, except to the extent expressly permitted under applicable law;
  4. not copy the Doofa® Tool (or any part of the Doofa® Tool) by any means or in any form;
  5. not sell, sub-license, rent, lease or otherwise distribute the Doofa® Tool (or any part of the Doofa® Tool) to any other person; or not attempt to defeat or circumvent any hardware or Doofa® Tool lock or licence key or code provided with, or incorporated within, the Doofa® Tool.

2.2 Your purchase of a Doofa® Tool allows you to install and activate the Doofa® Tool on one computer or device. If you have purchased a multi-licence pack, you will be able to install and activate one Doofa® Tool on a separate computer or device per licence.

2.3 After 12 months from the original activation date, you will be able to install and activate your Doofa® Tool on a different computer or device provided that you have removed the Doofa® Tool from the original computer or device. Your Doofa® Tool licence will be locked to the computer or device on which the Doofa® Tool is installed and activated for a period of 12 months from the date of activating the licence on that computer or device (Lock Period).

2.4 If you purchased a multi-licence pack, your 12 month Lock Period for all licences will commence on the date of activation of the first Doofa® Tool, regardless of when the other Doofa® Tools in the multi-licence pack are activated. After 12 months from the first Doofa® Tool activation, you will have the ability to re-activate all the licences in the multi-licence pack on new computers or devices if you so choose.

2.5 A subsequent 12 month Lock Period will commence after each reactivation of the Doofa® Tool, or in the case of multi-licence packs, the first Doofa® Tool, on a new computer or device.

 

3. No support

3.1 Sunfire offers no additional support or assistance in relation to the Doofa® Tool other than the information provided on this website.

3.2 The Doofa® Tool is intended to be operated as an add-on to the version of Microsoft Office Excel software (or any other software relevant to the Doofa® Tool as notified through this website) which is current at the date the Doofa® Tool is made available through this website and not any earlier or later version. No updates of the Doofa® Tool will be made available. You are solely responsible for ensuring that you have the appropriate version of the Doofa® Tool.

 

4. Intellectual property rights / confidentiality

4.1 You acknowledge that:

  1. Sunfire owns all copies of the Doofa® Tool and all intellectual property rights in and to the Doofa® Tool (or such relevant software);

  2. the Doofa® Tool is and contains valuable, confidential and proprietary information of Sunfire; and

  3. no licence, right or other interest in the Doofa® Tool, or any intellectual property rights in the Doofa® Tool, is granted to you, except as expressly stated in these terms and conditions.

4.2 All improvements, modifications, customisations, enhancements or developments in or to the Doofa® Tool made by you (“Improvements”) and all intellectual property rights in and to them, will be owned by Sunfire. You must execute all documents and do all things necessary to vest legal ownership of the intellectual property rights in such Improvements in Sunfire or its nominee.

 

5. Warrantees and liability

5.1 The Doofa® Tool is provided “as is”. To the extent allowed by law, Sunfire excludes all warranties, representations or undertakings in relation to the Doofa® Tool, either express or implied. In particular, but without limitation, Sunfire excludes any warranty or representation that the Doofa® Tool:

  1. is of merchantable or acceptable quality;

  2. is fit for any particular purpose;

  3. is error free;

  4. does not infringe the intellectual property rights of a third party;

  5. will meet your requirements; or

  6. is compatible with any other software, hardware or IT system.

5.2 In no event will Sunfire be liable (whether in contract, tort including negligence, or otherwise) to you for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of this agreement.

5.3 Subject to clause 5.2, the maximum liability of Sunfire to you arising out of any and all claims under this agreement, or relating to you license of a Doofa® Tool (whether in contract, tort including negligence, or otherwise) will not in any circumstances exceed the price received by Sunfire from you in relation to that Doofa® Tool.

5.4 None of the exclusions or limitations set out in this agreement will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.

 

6. General

6.1 You may not assign, sub-license or transfer this agreement, or its rights and obligations under it, to any other person without Sunfire’s prior written consent.

6.2 If any provision in this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from such provisions, which will be deemed deleted.

6.3 No failure or delay by Sunfire to exercise any right or remedy under this agreement will be construed or operate as a waiver of such right or remedy. No single or partial exercise by Sunfire of any right or remedy will preclude the further exercise of such right or remedy.

6.4 Sunfire may, at its discretion, at any time change the terms in this End User Licence Agreement. Any change will be effective from the date that you accept those terms at the time of your next download, installation or activation of a Doofa® Tool.

6.5 New Zealand law governs the formation, validity, construction and performance of this agreement. This agreement is subject to the non-exclusive jurisdiction of the New Zealand courts, to which the parties submit.

Acceptance

By purchasing Doofa you acknowledge that you have read and accept these terms and conditions.