(g) Force Majeure means an act, omission or circumstance over which Rising Software could not have reasonably exercised control including telecommunication failures. (f) Fees means either the agreed fees of Rising Software or, if none, the published fees of Rising Software as amended from time to time. (e) Duration means the period for which you or the organisation that purchased your rights to use the Rising Software™ Software and Services has paid for same (d) Confidential Customer Data means information which relates solely to Customer’s business and does not include any underlying data structures or concepts. (c) Clause means a clause of this Agreement. (b) Confidential Information includes information which relates to Rising Software™ Software and Services including account details, passwords and activation codes, development concepts, source code, object code, configuration and other scripts, specifications, data models and schema, protocols, algorithms, manuals, drawings and data created or used by Rising Software, Rising Software’s personnel, Rising Software’s policies, Rising Software’s business strategies and the terms of this Agreement. (a) Agreement means this agreement, its recitals, provisions and any schedule of this agreement. Definitionsġ.1 In this Agreement, unless inconsistent with the context: Please also refer to our Privacy Policy, which is found on our website at and the privacy policy of any institution in which you are enrolled. If you do not agree, choose “do not accept” and do not proceed to install or use Rising Software™ Software and Services and contact Rising Software Australia Pty Ltd ABN 32 077 057 213 of 3 Darling St, Fairfield, Victoria, 3078, AUSTRALIA (“Rising Software”) to arrange for any applicable refund. Choosing “I accept the terms and conditions of this Agreement” when installing Rising Software™ Software and Services shall be deemed to be your acceptance of the terms of this Agreement. WARNING: Use of Rising Software™ Software and Services is conditional upon you (“the Customer”) agreeing to the terms of this Agreement. Rising Software™ Software and Services End User Agreement
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