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14.8You must ensure that each user of your Mobile Devices follows any instructions provided by Xora or us that relate to the distribution, installation or use of the relevant Xora Application.

Limitations of the Xora TimeTrack Solution

14.9You understand that the Xora TimeTrack Solution will not collect and store data from your Mobile Devices in real time. Depending on the Mobile Device that you use with the Xora Application, the Xora TimeTrack Solution may only locate your Mobile Device and transmit the user's location coordinates (and any other information that your Xora Application enables a user of your Mobile Device to transmit) to Xora's server once every twenty minutes between the hours of 9am and 5pm AEST, Monday to Friday (up to a maximum of 845 location pings per month).

14.10The information provided on Xora's website regarding the location of your Mobile Devices will be updated as soon as reasonably possible each time the Xora TimeTrack Solution locates your Mobile Devices. However, you understand that the information provided on Xora's website will not be updated in real time.

14.11The Xora TimeTrack Solution will only collect and transmit information about the location of a Mobile Device if the location functionality on the Mobile Device has been activated. You must inform each user of your Mobile Devices that his or her location (or the location of any person using the Mobile Device) may be monitored using the Xora TimeTrack Solution unless they deactivate location functionality on the Mobile Device.

14.12You must only use the Xora TimeTrack Solution to collect and transmit information about the location of a Mobile Device if you have obtained the consent of the user of a Mobile Device to locate the Mobile Device. Without affecting your obligations, only where Xora uses Telstra's Mobile Location Manager platform to locate your Mobile Device, you agree Xora may send an SMS to your Mobile Device requesting the user's consent to be located. The user of your Mobile Device may give his or her consent to be located by responding to Xora's SMS. You acknowledge that if the user of a Mobile Device does not give their consent, then Xora may not provide the location of the Mobile Device to you. In all other cases (for example, where Xora uses GPS to locate your Mobile Device) Xora will not send an SMS to your Mobile Device requesting the user's consent to be located.

Field alert key

14.13Xora 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

14.14If 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.

14.15You understand that you must not:

(a)copy, reproduce or modify the Xora Application or create any derivate work from the Xora Application;

(b)sell, rent, lease, loan, license, sublicense or otherwise commercially exploit the Xora Application;

(c)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;

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

(e)use the Xora TimeTrack Solution for any unlawful, abusive or fraudulent purpose;

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

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

14.16You understand that you have no rights or interests in the Xora Application other than those expressly granted in this section.

Additional obligations and acknowledgements

14.17You understand that:

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

(b)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;

(c)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;

(d)Xora Applications purchased from us will not operate in any country other than Australia;

(e)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;

(f)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);

(g)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;

(h)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

(i)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.