Intrepid Backup

Software and Support Agreement

This software and support agreement sets out the terms on which Reckon New Zealand Pty Limited will provide you access to Intrepid Backup. By using this service, you acknowledge that you have read this agreement and agree to the terms outlayed.

AN AGREEMENT BETWEEN:

Reckon New Zealand Pty Limited (referred to hereinafter as the "Lessor") of the one part:

AND

The person or persons or company using the Intrepid Backup service named below (hereinafter referred to as the "Lessee") of the other part.

IT IS HEREBY AGREED AS FOLLOWS:

1 Definitions

Hardware: the computer equipment and peripherals owned or operated by the Lessee.

Computer Operating System: is the software that is required to make the Lessee's computer system operate and includes any networking and all versions of Microsoft Windows 32 bit Systems including Windows95 and later.

Leased Software: the computer software supplied by the Lessor and described in clause 2 below.

Upgrades: later versions of the Leased Software provided by the Lessor.

Lessee's Data: includes Backup files of the Lessee including any data files supplied by the Lessee to the Lessor for error testing and / or support services.

Premises of Lessee : shall include the main office of the Lessee but not branch offices or offices of associates.

2 Leased software supplied in terms of this agreement

The Leased Software comprises of the software known as Intrepid Backup fully registered to the Lessee with all documentation, manuals and operating instructions.

3 Software support

The Lessor will provide via toll free telephone support and staff training to the Lessee during the hours of 9.00am to 5.00pm Monday to Friday*. Such toll free software support and training will relate only to the Leased Software and will not usually include support associated with Computer Operating Systems or networks.

4 Protection and security

The Lessee will ensure that the Leased Software is used for the Lessee's own purposes only and is not to be copied or duplicated in any way for use by any other person, associate or branch office.

The Lessee agrees that the intellectual property in the software and the rights to the program remain the property of Lessor and shall provide best endeavours to prevent the software falling into the hands of any unauthorised person or persons.

The Lessor agrees to keep confidential any information of the Lessee, or clients of the Lessee, that may come into possession of the Lessor during the course of the Lessor providing Software Support to the Lessee.

* Does not include public holidays. Hours subject to change

5 Term of the agreement

This software lease agreement may be terminated by either party

(a) giving to the other one months written notice to that effect,

(b) immediately upon insolvency, liquidation or receivership of the other party,

(c) upon breach or default of any material condition of this agreement by the other party, provided that termination shall not take place until ten (10) days after written notice of breach or default is given and such breach or default is not remedied within such time.

Term of the contract will be a period of 12 months with the right to renew at the end of that term.

6 Review of terms & conditions

Reckon New Zealand Pty Limited may at anytime:

a. Agree to increase the lease amount; or

b. Follow the request from the Lessee to extend the term of the lease; or

c. Follow a request from the Lessee to vary any other provision of this agreement

Any alteration, variation or increase will be recorded in a review letter from Reckon New Zealand Pty Limited to the Lessee.

7 Payment for Software Leased

For supply and support of the Intrepid Backup Software the Lessee will pay by Credit Card online. The determined amount will be payable annually and will be subject to the account type specified.

8 Upgrades

The Lessor will from time to time provide to the Lessee, upgrades for the Intrepid Backup Software to incorporate improvements to the software in keeping with industry changes to Information Technology, Legislation changes and Computer Operating Systems and Hardware.

9 Performance and liability

The Lessor shall make best endeavours to ensure that the Leased Software is free of defects and it backs up the Lessee's data. No special or consequential loss or damage shall be recoverable against the Lessor and nor shall the Lessor be liable in any circumstances whatsoever for any loss or damage arising out of any advice given by the Lessor or any of its employees, or agents on any matter relating to the professional operation, practices or procedures of the Lessee.

The Lessor shall not be liable for any loss including penalty taxes caused by any delay occasioned by acts of God, telephone system out of action, banks, internet connection issues, internet uploading charges or malfunction of the Leased Software.

10 Uploading

The Lessee is responsible for the uploading of files and documents to the Leased Software. The Lessor is not responsible for any costs incurred to the Lessee while uploading files to the Leased Software, including increased internet volumes.

10 Software licensing agreement

The terms and conditions of supply of the Leased Software are subject to the standard Licensing Agreement that is accepted upon installation of the Intrepid Backup Software.