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Xora TimeTrack Business Plus has enhanced functionality which allows configuration of a key on your Mobile Device which, when pressed by the user of the Mobile Device, will automatically send an alert email containing the location of the Mobile Device to an email address which you have nominated. Follow up emails will be sent automatically if the location of your Mobile Device is not immediately available. You acknowledge that the Xora Time Track Solution will not be able to locate your Mobile Device or send an alert email to the nominated email address where your Mobile Device is outside of our network coverage or where our network is interrupted. You acknowledge that it is your responsibility to determine how to deal with alert emails sent to the nominated email address.


Licence terms
    1. If you purchase a Xora Application licence from us, we will grant you a non-exclusive and non-transferable licence to use the application as part of the Xora TimeTrack Solution solely for your own internal business purposes.

    2. You understand that you must not:

      1. copy, reproduce or modify the Xora Application or create any derivate work from the Xora Application;

      2. sell, rent, lease, loan, license, sublicense or otherwise commercially exploit the Xora Application;

      3. cause or allow the disassembly, decompilation or reverse engineering of the Xora Application or otherwise attempt to gain access to the source code of the Xora Application;

      4. cause or allow any third party to do any of the acts described in paragraph (c) above;

      5. use the Xora TimeTrack Solution for any unlawful, abusive or fraudulent purpose;

      6. use the Xora TimeTrack Solution in any way that interferes with Xora's ability to provide products or services to other customers; and

      7. use the Xora Application in a manner that infringes any law or regulation, including privacy and surveillance laws and regulations.

    3. You understand that you have no rights or interests in the Xora Application other than those expressly granted in this section.


Additional obligations and acknowledgements
    1. You understand that:

      1. if you download or access any data, information, files or other materials from Xora's website you do so at your own risk;

      2. you will be assigned a username and a password to enable you to access Xora's website. You must ensure that your username and password is protected from unauthorised use;

      3. the functionality of the Xora TimeTrack Solution may be restricted or interrupted by the functionality and limitations of our GPRS, 3GSM and/or Next G networks, Telstra's Mobile Location Manager platform and the Internet;

      4. Xora Applications purchased from us will not operate in any country other than Australia;

      5. we do not warrant that the Xora TimeTrack Solution will be error-free or that the website operated by Xora will operate uninterrupted or error-free;

      6. you must only use information provided to you by Xora in relation to the Xora TimeTrack Solution for legitimate business purposes and that you must maintain the confidentiality of any confidential information provided to you by Xora (unless you are required by law to disclose that information);

      7. at the conclusion of your Xora Application licence, you must (at Xora's request) return or destroy any confidential information provided to you by Xora;

      8. the Xora Applications are subject to restrictions and controls imposed by the United States Export Administration Act (the Act). You must not transfer or re-export the Xora Application into any country prohibited by the Act; and

      9. it is your responsibility to ensure that your use of the Xora TimeTrack Solution complies with your legal and regulatory obligations in relation to privacy and surveillance.

    2. You acknowledge that Xora may use any information transmitted from your Mobile Devices for its business purposes provided that the information does not disclose the identity any user of a Mobile Device.


Limited Warranty, Liability and Indemnity
    1. We warrant that the Xora Applications provided to you will substantially perform the functions described at http://www.xora.com for a period of 90 days from the date of delivery of the Xora Application to you.

    2. You may have non-excludable rights under consumer protection laws in relation to Xora Applications. Subject to any non-excludable rights

      1. we exclude all other warranties, rights and remedies you would otherwise be entitled to at law;

      2. If we breach any such non-excludable rights, and it is fair and reasonable to do so, we limit our liability to repairing the Xora Application or correcting any error; and

      3. We are not liable for any loss, expense or damage which you may incur in connection with your use of any available field alert features of the Xora Time Track Solution including any liability for illness, personal injury or death to you, your employees, agents and contractors.

    3. You agree to indemnify us for any loss, expense or damage which we may incur in connection with any claim by users of your Mobile Device arising from any available field alert features of Xora TimeTrack Business Plus.


Data Usage
    1. You understand that the Xora TimeTrack Solution will transmit data from your compatible mobile device when location functionality is activated and that you will incur charges for this data usage in accordance with your eligible Telstra mobile data plan.


Security of data
    1. You understand that you are responsible for the security and integrity of the data transmitted from your compatible mobile devices using the Xora TimeTrack Solution. You must inform each user of your Mobile Devices that data transmitted from the Mobile Devices is not secure or private.



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