Altivane End User Licence Agreement

About this agreement

This agreement sets the terms on which [Legal entity] (ABN [ABN]) of [Address] (we, us, our) licenses Altivane to the person or organisation named as the licensee in the Order (you, your). Your Authorised users use Altivane under your licence (clause 2.4) and do not become parties to this agreement.

You accept this agreement when you accept an Order that refers to it, or when you first activate Altivane, whichever comes first. The installers do not ask you to accept it, because the Windows Installer package can install with no pages, such as through Intune or Group Policy. A person who accepts for an organisation confirms they have authority to bind it. If you do not accept, do not activate or use Altivane.

This agreement includes the Data statement, which says how we handle and protect the data we hold, and the Support policy, which says what support and Updates we give (clause 15.6). Our website and your website account are covered by the Altivane website and account terms of use, not by this agreement.

In plain words, as a summary only. Where it differs from the clauses below, the clauses apply:

• You get a licence to use Altivane for the term in your Order, and it does not renew by itself. You do not buy the software itself.
• Altivane runs on your computer and keeps Tenant data there. It sends Tenant data only to your Tenants, to your AI provider if you turn on summaries, and to us if you choose to (clause 8).
• The Licensing service holds your licence, the computers it is active on, and records and logs of their requests. Your contact details are in your website account and our own records (clause 8.4).
• You are responsible for the tenants you connect and the changes you choose to run.
• Nothing in this agreement takes away your rights under the Australian Consumer Law.

1. Definitions and interpretation

1.1 In this agreement, these words have these meanings:

1.2 In this agreement, unless the context says otherwise:

(a) headings are for convenience only and do not affect meaning;

(b) "including" and similar words do not limit what comes before them;

(c) the singular includes the plural and the other way round;

(d) a reference to a law includes that law as amended or replaced; and

(e) amounts are in Australian dollars and exclude GST (clause 5.10).

2. Licence grant

2.1 Subject to this agreement and to payment of the Fees, we grant you a non-exclusive, non-transferable licence, for the Licence term, to install and use Altivane to manage Tenants you are authorised to manage, including your clients' Tenants.

2.2 You may install Altivane on any number of computers you control, including by deploying the Windows Installer package with Intune or Group Policy. Altivane works only where it is activated, and you may have no more Activations in use at a time than the Seats in your Order.

2.3 An Activation covers 1 Windows user account on 1 computer. Another Windows user account on the same computer, such as the account a scheduled task runs as, needs its own Activation.

2.4 Your Authorised users may use Altivane under your licence. You are responsible for what they do with it as if you had done it.

2.5 You may use, copy, change and share the reports and documents Altivane produces for any lawful purpose, including giving them to your clients. Clause 10.3 covers our material inside them.

2.6 If we issue a Licence key for a trial, an evaluation or a beta test, the licence is free of charge and runs for the period we tell you. It is only for deciding whether to buy a licence or, for a beta test, for testing Altivane and telling us what you find. The rest of this agreement applies to it, except that no Fees are payable and the Support policy's response targets do not apply.

2.7 We keep every right in Altivane that this agreement does not expressly grant to you.

3. Restrictions

3.1 You must not, and must not let anyone else:

(a) copy Altivane, except as clause 2 allows or for backup;

(b) sell, rent, lend, sublicense or otherwise supply Altivane, or a Licence key, to anyone else;

(c) let anyone other than your Authorised users operate Altivane, including by offering it to others as a hosted service;

(d) share or publish a Licence key, or use it for more Activations than your Seats;

(e) decompile, disassemble, reverse engineer or deobfuscate Altivane, or try to derive its source code, except to the extent the Copyright Act 1968 (Cth) allows it and this agreement cannot exclude that;

(f) change Altivane's program files, or remove, disable or get around its licence checks, signature checks or other protection;

(g) remove or change any notice of ownership in Altivane;

(h) use Altivane, or what you learn by examining it, to build a product that competes with it; or

(i) use Altivane on a Tenant you are not authorised to manage, or in breach of any law or of Microsoft's terms for that Tenant.

3.2 Clause 3.1 does not stop you using the output of Altivane as clause 2.5 allows, or sharing Your materials.

4. Licence keys, activation and the Licensing service

4.1 To activate Altivane, you enter your Licence key in its Licence window, or give it to Altivane from a command prompt with the --activate option, which asks for the key in a window or reads it from a file. Altivane sends the key to the Licensing service over the internet. It never accepts a Licence key as a command line argument, where other programs could see it.

4.2 While the computer is online, Altivane renews its licence with the Licensing service in the background. If renewal keeps failing, Altivane says when it will stop working, and keeps working until then. That period is 7 days from the last successful renewal, and we will not shorten it during a Licence term.

4.3 To move a Seat to another computer, deactivate Altivane on the old computer (Help > Licence), then activate it on the new one. Uninstalling Altivane does not deactivate it. If you cannot deactivate a computer, for example because it is lost, ask us and we will free the Seat within 2 Business days.

4.4 Keep your Licence key confidential. You are responsible for its use until you tell us it has been lost or disclosed. We may then replace it. Activations already in use keep working.

4.5 The Licensing service holds only what it needs to issue licences, count Seats, prevent misuse and keep the service running:

4.6 The Licensing service receives no Tenant data.

4.7 We aim to keep the Licensing service available, but do not promise it will always be. Altivane keeps working during an outage until its last renewal runs out, at most 7 days after that renewal (clause 4.2). If an outage stops Altivane working, clause 5.9 applies.

5. Fees, payment, term and renewal

5.1 You must pay the Fees in your Order. Unless your Order says otherwise, we invoice the Fees in advance for each Licence term, and they are payable within 14 days of the invoice date.

5.2 The Licence term starts on the date in your Order, or when you first activate Altivane if the Order gives none. It runs for the period in your Order, or for 12 months if the Order gives none.

5.3 Your licence does not renew by itself. It ends at the end of its Licence term, unless you renew it with a new Order. We will remind you at least 30 days before your Licence term ends.

5.4 The Fees for a renewal are those in its Order. We will tell you of any change to them at least 30 days before your Licence term ends. A change to the Fees never applies to a Licence term you have already paid for.

5.5 You may add Seats at any time, at our Fees at that time. Added Seats end with your Licence term, and are charged pro rata for the rest of it.

5.6 If an amount is unpaid 14 days after its due date, we may tell you so in writing. If it is still unpaid 14 days after that notice, we may suspend your licence under clause 14.2 until it is paid.

5.7 Fees are not refundable, except as the Australian Consumer Law requires, as clauses 5.8, 5.9, 6.8, 13.3, 14.6 and 15.9 say, or where the Data statement or the Support policy lets you end this agreement with a refund.

5.8 If you end this agreement under clause 14.1 because of our breach or insolvency, we will refund the Fees you prepaid for the rest of the Licence term, pro rata.

5.9 If Altivane stops working because the Licensing service is unavailable, and not because of your computer or internet connection, we will credit the Fees for each whole day it does not work, pro rata, against your next invoice, or refund them if you ask.

5.10 The Fees exclude GST. If GST is payable on a supply under this agreement, you must pay it in addition to the Fees, at the same time, and we will give you a tax invoice for it. Words used in this clause that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meanings given there.

6. Updates and support

6.1 Altivane checks for an Update only when you select Help > Check for updates. The check sends the Update service the product, channel, processor type, version and build, and no licence, installation or Tenant details. The Update service uses the IP address each check comes from to limit how often 1 address can check, keeps logs of its requests, with their request IDs, in Microsoft Application Insights for 30 days, and keeps a daily count of checks for each version, which identifies no one. An Update downloads from our storage on Microsoft Azure.

6.2 Altivane downloads an Update only when you select Update, checks the file, and installs it only when you select Install.

6.3 Updates released during your Licence term are included in the Fees, unless your Order says otherwise. We are not obliged to release Updates, or any feature we have described as planned.

6.4 Microsoft changes its services from time to time, and a change may stop part of Altivane working. When that happens, we will use reasonable efforts to release an Update, but cannot promise to.

6.5 The Support policy says which versions of Altivane we support. We may stop an older version from activating or renewing only to deal with a security fault in it, and only when an Update that fixes it is available to you at no extra cost. We will give you at least 30 days' notice, or less only when the fault is being exploited or the risk to your Tenants cannot wait, and then as much notice as we can.

6.6 We give support as the Support policy sets out, including how to ask for it and the response times we aim for. If you bought Altivane through a reseller, clause 15.9 says who supports you.

6.7 To help with a problem, we may ask for a support bundle. Altivane saves it as a .zip file where you choose and sends it nowhere. It leaves out the settings file, the Licence key, the sign-in cache, kept data, AI keys, change logs and documents. You decide whether to send it to us. Clause 8.6 covers what we do with it.

6.8 If an Update removes a feature you use, or clearly reduces what Altivane does, you may end this agreement by telling us within 30 days after that Update is released, or after the older version stops working under clause 6.5, whichever is later. We will then refund the Fees you prepaid for the rest of the Licence term, pro rata.

7. Your Tenants and your responsibilities

7.1 You must have the authority of each Tenant's owner to connect Altivane to it and to read and change it. For a client's Tenant, that means your client's authority, under your agreement with them.

7.2 When you add a Tenant, you choose the access Altivane gets there and see the permissions and roles before anything is granted. An administrator of that Tenant grants the consent. Choose only the access you need. Altivane only ever adds access. To remove it, use the Entra admin centre for the app registration, its permissions and its directory roles, and the Azure portal for the Reader role on Azure subscriptions.

7.3 You decide which changes Altivane makes. How Altivane asks before it makes one depends on where you start it:

(a) a change from a page's toolbar or More menu runs when you select Run in the window that shows the change, what it applies to and the Tenant;

(b) a setting changed from a window of its own, such as Change setting on the Organisation page, changes when you select Apply in that window, which shows the current value and the command for the new one;

(c) a workflow run from the Workflows page asks you to confirm only when Settings > Changes is set to ask before a workflow makes a change, or when a step blocks or removes something;

(d) a Blueprint applies after 1 confirmation for the whole Blueprint, which names the Tenant and counts what it will create, update and add; and

(e) a workflow run from the command line or a schedule makes changes only with the --apply option, and then runs with no window and no question (clause 7.5).

You can test run a workflow and preview a Blueprint first. You are responsible for checking what a change, command, workflow or Blueprint will do before you run it. Some changes, such as wiping a device or removing an object, cannot be undone.

7.4 You are responsible for Your materials, including workflows and Blueprints you write, change or import. The sample workflows, and any sample Blueprints we supply, are examples: review and adjust them for each Tenant before use.

7.5 Scheduled runs make changes with no one watching. You are responsible for setting them up and checking their results.

7.6 Reports and checks rate what they find against rules we have written, using data Microsoft's services return. They help you review a Tenant. They are not professional advice, and may not find every problem. You are responsible for the decisions you make from them, and for documents you give your clients.

7.7 Altivane keeps Tenant data on your computer (clause 8). You are responsible for:

(a) the security of the computers and Windows accounts that run Altivane, and of the certificates it creates in your personal certificate store;

(b) who can open the output folder and its files;

(c) backing up what you need to keep; and

(d) keeping, and deleting, Tenant data as the law and your agreements with your clients require.

7.8 Altivane records each change it sends in the Tenant's change log on your computer, unless you turn that off in Settings. If you turn it off, there is no record for that change.

7.9 You are responsible for the Microsoft licences and roles each Tenant needs for the features you use, and for complying with Microsoft's terms.

8. Privacy and data

8.1 Altivane runs on your computer and keeps Tenant data there. It sends Tenant data only where clause 8.2 says: what it writes goes to the Tenant, and summary figures go to your AI provider if you turn summaries on. We do not host or have access to Tenant data, and receive it only when you choose to send it to us (clause 8.6).

8.2 Altivane sends data only to these places, and only what this table sets out. Each request also carries the IP address of your internet connection, as every internet request does.

8.3 On your computer, Altivane keeps:

(a) its settings in a .json file;

(b) AI keys, the sign-in cache and the licence outside that file, encrypted for your Windows account;

(c) what pages read, if you keep data between sessions, encrypted for your Windows account, for 7 days by default, which you can turn off or clear;

(d) a diagnostic log for 14 days, which it never sends anywhere;

(e) reports, documents, workflow files and change logs in an output folder, with a folder for each Tenant, and a log of each run from the command line or a schedule, in its Run logs folder or beside the workbook the run writes; and

(f) beside each document with an AI summary, a .txt record of exactly what was sent to the AI provider and what came back.

8.4 We hold Personal information about you and your Authorised users in these places:

We collect, use, hold and disclose Personal information under the Privacy Act and our privacy policy at [Website address]/privacy, to supply, activate and renew your licence, count Seats, prevent misuse, give support and bill you. We send you news about Altivane only if you agree to receive it, and each message has a way to unsubscribe, as the Spam Act 2003 (Cth) requires. We do not sell Personal information, use it for advertising or use it to train AI models.

8.5 The Licensing service, the Update service and our forms service hold their records in Australia. Microsoft Entra External ID may hold your website account details outside Australia, and our email and accounting providers may hold our own records outside Australia. Our privacy policy names the countries. For any Personal information held outside Australia, we take the steps APP 8 of the Privacy Act requires.

8.6 If you send us Tenant data, for example in a support bundle (its logs can name your Tenants, people and devices), a screenshot or a file, we will use it only to give you support, keep it secure, and delete it within 30 days after the support request closes. We delete it sooner, or keep it longer, if you ask.

8.7 You, and your clients, are responsible for Tenant data under the Privacy Act and any other law that applies to it. We are not your service provider for Tenant data, except for what you send us under clause 8.6.

8.8 If we become aware of a data breach involving Personal information we hold, we will assess it and deal with it as Part IIIC of the Privacy Act requires, acting as if that Part applies to us even if the small business exemption means it does not. Where it involves Personal information about you or your Authorised users, or Tenant data you sent us, we will tell you without undue delay, and within 72 hours of becoming aware of it. The Data statement says what the notice includes.

8.9 Clause 8.4 says how long we keep each record. When we no longer need Personal information, we delete or de-identify it. To ask for access to, or correction of, Personal information we hold about you, or to complain about how we handle it, contact [Privacy contact email]. We reply within 30 days. If you are not satisfied, you can complain to the Office of the Australian Information Commissioner.

9. Third-party services

9.1 Altivane works with Microsoft's online services through the APIs Microsoft provides. Microsoft is not a party to this agreement. Your use of those services is under your, or your client's, agreement with Microsoft. We are not responsible for their availability, their limits or changes Microsoft makes to them.

9.2 AI summaries are off until you add an AI provider of your own and turn them on for the Tenants you choose. Your use of that provider is under your agreement with it, and you pay it directly. Altivane saves a record of what was sent and what came back beside each document. AI output can be wrong: review a summary before you give a document to anyone. Build with AI on the Blueprints page uses the same provider, and sends it only what clause 8.2 says, only when you select Build. Altivane saves the answer as a new Blueprint on your computer and opens it, and previews and applies nothing. A Blueprint written with AI can be wrong: you review it, preview it and apply it yourself, and you are responsible for what you apply to a Tenant (clause 7.4).

9.3 Some optional features need a component you install yourself, such as a PowerShell module from Microsoft. Altivane tells you what is missing. That component is under its own terms.

9.4 Altivane includes third-party software components, each under its own licence, listed in the third-party notices we supply with Altivane. Nothing in this agreement limits your rights under those licences.

10. Intellectual property and protection

10.1 We, or our licensors, own all intellectual property rights in Altivane, including its code, the rules and wording of its checks and reports, its templates, and its sample workflows and Blueprints. This agreement does not transfer any of them to you.

10.2 Subject to clauses 10.1 and 10.3, you, or your clients, own Tenant data and Your materials, and we claim no other rights in them. Our material inside them, such as a sample workflow or Blueprint you changed, or the template and check text in a report, stays ours, and you may use it under clauses 2 and 10.3.

10.3 Where a report or document Altivane produces contains our material, such as a template, report wording or check text, we grant you a perpetual, royalty-free licence to use, copy, change and share that material as part of the report or document, including with your clients. This licence continues after this agreement ends.

10.4 If you give us feedback or suggestions, we may use them freely, without any obligation to you.

10.5 Altivane contains technical measures that protect our intellectual property and enforce licensing: much of it is compiled to native code and obfuscated, some of its text is encrypted, and it checks its licence and its own program files' signatures. If a check fails, Altivane stops working.

10.6 These measures do not hide what Altivane does with your Tenants. For your Tenants, Altivane connects only to Microsoft's online services, and its change log, diagnostic log and reports show the results. The measures collect nothing beyond what clause 8 sets out.

11. Australian Consumer Law and warranties

11.1 Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified (Non-excludable rights). Every other clause of this agreement is subject to this one.

11.2 If you are a consumer under the Australian Consumer Law: our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11.3 Where Altivane, or a service we supply under this agreement, is not of a kind ordinarily acquired for personal, domestic or household use, and the law allows it, our liability for failing to comply with a consumer guarantee (other than the guarantees as to title, undisturbed possession and undisclosed securities) is limited, at our choice, to:

(a) for Altivane: replacing it or supplying equivalent software, repairing it, or paying the cost of doing so; and

(b) for a service: supplying it again, or paying the cost of having it supplied again.

11.4 We promise that we have the right to grant the licence in this agreement, and that Altivane contains nothing deliberately designed to harm your computer or your Tenants.

11.5 Subject to the Non-excludable rights, we do not promise that Altivane will be free of errors, work without interruption, meet every need you have, or keep working with every change Microsoft makes to its services. To the extent the law allows, any other term, condition or warranty that would otherwise be implied into this agreement is excluded.

11.6 Our promises in clauses 6.4 and 11.4 are given by [Legal entity] (ABN [ABN]) of [Address], phone [Support phone number], email [Support email address]. To claim under them, contact us at those details during the Licence term, with your Order details and a description of the problem. Each party bears its own costs of a claim. The benefits these promises give you are in addition to your other rights and remedies under a law in relation to the goods or services they relate to.

12. Limitation of liability

12.1 This clause is subject to clause 11.1.

12.2 Each party's total liability to the other arising out of or in connection with this agreement, the Data statement, the Support policy or Altivane, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of $[amount] and the Fees paid for your licence in the 12 months before the event that gave rise to the liability. This is 1 cap for all 3 documents together, not 1 for each.

12.3 Neither party is liable to the other, however the loss is caused, for:

(a) loss of profit, revenue, savings, business opportunity or goodwill; or

(b) indirect or consequential loss, which in this agreement means only loss that does not arise naturally, in the usual course of things, from the breach or event that caused it.

Loss of or damage to Tenant data, and the cost of restoring Tenant data or a Tenant's settings, are not excluded by this clause, and count towards the cap in clause 12.2.

12.4 We are not liable for loss to the extent it results from:

(a) a change, command, workflow or Blueprint that you or your Authorised users chose to run or schedule, to the extent Altivane made the changes it describes;

(b) Your materials;

(c) your breach of this agreement, or of a law, or of Microsoft's terms;

(d) a Third-party service; or

(e) your not installing an Update that we told you fixes the problem.

12.5 Clauses 12.2 and 12.3 do not limit:

(a) your obligation to pay the Fees;

(b) liability for breach of clauses 3.1(a) to 3.1(h), or for infringing the other party's intellectual property rights;

(c) our liability under clause 13.2, or yours under clause 13.1 for using Altivane on a Tenant without authority;

(d) liability for fraud, wilful misconduct, death or personal injury; or

(e) our liability for a breach of clause 8, of the Data statement or of the Privacy Act, which is limited instead to 3 times the cap in clause 12.2.

12.6 A party's liability is reduced to the extent the other party, or its personnel, caused or contributed to the loss. Each party must take reasonable steps to reduce its loss.

13. Indemnities

13.1 You indemnify us against any loss, liability and reasonable legal costs from a claim by a third party, including a Tenant's owner, to the extent the claim arises from you or your Authorised users using Altivane on a Tenant without authority, or breaching clause 3 or a law in using Altivane.

13.2 We indemnify you against any loss, liability and reasonable legal costs from a claim by a third party that your use of Altivane, as this agreement allows, infringes their intellectual property rights in Australia. This does not cover a claim to the extent it arises from Your materials, from a change to Altivane not made by us, or from using Altivane with something we did not supply.

13.3 If a claim under clause 13.2 is made or we think it likely, we may, at our choice and cost, get you the right to keep using Altivane, change it so it no longer infringes without materially reducing what it does, or, if neither is reasonably possible, end your licence and refund the Fees you prepaid for the rest of the Licence term.

13.4 A party claiming under this clause must tell the other promptly, let the other control the defence and any settlement, and give reasonable help at the other's cost. A settlement that admits fault for the claiming party needs its agreement, which it must not unreasonably withhold.

14. Suspension and termination

14.1 Either party may end this agreement by written notice if the other:

(a) breaches a material term and does not fix the breach within 30 days of being told about it in writing; or

(b) becomes insolvent, to the extent the law allows the agreement to be ended for that reason.

14.2 We may suspend your licence, or block a single Activation, so that the Licensing service stops renewing it, if:

(a) Fees are unpaid as clause 5.6 says;

(b) you breach clause 3;

(c) your Licence key is used by someone not entitled to it, or for more Activations than your Seats; or

(d) we reasonably believe it is needed to protect the security of the Licensing service or of a Tenant.

For (a) and (b), we will tell you in writing before we suspend. For (c) and (d), we may suspend first and tell you as soon as we reasonably can. We will lift a suspension once its cause is fixed.

14.3 You may end this agreement at any time by deactivating every Activation and telling us in writing.

14.4 When this agreement ends:

(a) your licence ends and the Licensing service stops renewing it, so Altivane stops working when its last renewal runs out, within 7 days;

(b) you must stop using Altivane, deactivate it and uninstall it;

(c) Tenant data, Your materials, and the reports and documents Altivane produced stay on your computer; Altivane does not delete them; and

(d) what Altivane set up stays where it is: the app registrations and their certificates in your Tenants, the Reader role on Azure subscriptions, and the certificates in your personal certificate store on each computer. If you no longer need them, remove the app registrations in the Entra admin centre, the Reader role in the Azure portal, and the certificates from your personal certificate store.

14.5 Clauses 2.5, 3, 8, 10, 11, 12, 13, 14.4, 14.5 and 15, and any rights that arose before this agreement ended, continue after it ends.

14.6 If we stop offering Altivane, or close the Licensing service, we will give you at least 90 days' notice. Until your Licence term ends or Altivane stops working, whichever is first, we will keep giving support and security fixes for it. We will refund the Fees you prepaid for the part of the Licence term after Altivane stops working, pro rata.

15. General

15.1 Governing law. The law of [State] governs this agreement. Each party submits to the non-exclusive jurisdiction of the courts of [State] and the courts that hear appeals from them.

15.2 Disputes. A party with a dispute about this agreement must tell the other in writing, and both must try in good faith to resolve it for 20 Business days before starting court proceedings. This does not stop a party seeking urgent relief from a court, or you using any right under the Australian Consumer Law.

15.3 Notices. A notice under this agreement must be in writing and sent by email: to you, at the address in your Order or the contact details for your account; to us, at [Contact email]. A notice is received when sent, unless the sender gets a message that it was not delivered. A notice received after 5 pm Sydney time, or on a day that is not a Business day, counts as received on the next Business day.

15.4 Changes to this agreement. We may change this agreement for a future Licence term by telling you at least 30 days before that term starts. A change for a future term applies only if you renew, so you can decide before you do. During a Licence term, we may change it only to comply with a law, or where the change does not disadvantage you, and we will tell you of the change. The Data statement and the Support policy say how each of them may change.

15.5 Assignment. You may not assign or transfer your rights under this agreement without our written consent, which we will not unreasonably withhold. We may assign this agreement to a buyer of all or part of our business that includes Altivane, by telling you in writing.

15.6 Entire agreement. This agreement, including the Data statement and the Support policy, and your Order are the whole agreement between us about Altivane, even where a reseller issued the Order (clause 15.9). If they conflict, the Order prevails for the Seats, Licence term and Fees; the Data statement prevails for how we handle and protect Personal information and the other data we hold; the Support policy prevails for how support works, its response targets and which versions we support; and this agreement prevails for everything else. Where one of them gives you a right the others do not, you have that right.

15.7 Events outside a party's control. Neither party is liable for a delay or failure caused by an event outside its reasonable control, including an outage of a Third-party service, except an obligation to pay money.

15.8 Other terms. If a clause is invalid or unenforceable, it is read down or severed, and the rest of the agreement continues. A failure or delay in using a right is not a waiver of it. The parties are independent contractors; this agreement creates no partnership, agency or employment.

15.9 Resellers. If you buy Altivane through a reseller we have authorised, the reseller's quote or invoice is your Order, and you pay the Fees to the reseller. The reseller gives you support under the Support policy, and we support the reseller. A refund due under this agreement for Fees you paid the reseller is paid by the reseller. If the reseller has not paid it within 30 days after you ask, or has stopped trading, we will refund you what the reseller paid us for the same Seats and period. This agreement is still between you and us, and a reseller cannot change it or make promises for us.