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IMPORTANT
This is an agreement between you and Cryer and Young
technologies Ltd. (OA C-TEC
("Licensor")).
Please read it carefully before opening this
program.
BY DOWNLOADING ANY FILE, YOU AGREE TO BE
LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT DOWNLOAD
ANY FILE.
1. PERMITTED USE
The Licensor hereby grants to you a personal,
non-transferable license to use this software product
and all future updated or upgraded programs
furnished to you by the Licensor or the Supplier (" The
Software") and all associated documentation provided
with this program, if any, solely for your own internal
business or personal purposes. To use The Software
on additional computers, you must obtain a separate license
for each.
2. RESTRICTIONS ON USES
You agree that you will not:
(a) copy The Software except that you may
make one copy of The Software solely for backup
purposes;
(b) assign this Agreement or transfer,
lease, export or grant a sublicense of The Software or
the license contained herein to any other party
unless authorized by the Licensor in writing;
(c) network The Software or otherwise use
it on more than one computer system at any one time;
(d) reverse engineer, decompile or
disassemble The Software;
(e) use The Software except as authorized
herein; and,
(f) permit third parties to use The
Software in any way that would constitute breach of this
Agreement.
3. OWNERSHIP AND COPYRIGHT
The Licensor is the owner of all intellectual
property rights in The Software, related written
materials, logos, names and other support materials
furnished with The Software. No title to the
intellectual property in The Software, the
documentation, magnetic media or any other material
provided therewith is transferred to you by this
Agreement.
4. LIMITED WARRANTY
The Licensor warrants to you that the media on
which The Software is recorded is free from defects in
materials and workmanship under normal use for a
period expiring thirty (30) days from the earlier of the
date you purchased The Software from your Supplier, or
downloaded your copy from this area.
THE SOFTWARE AND RELATED MATERIALS IS PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITION
OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE LICENSOR DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS
OPERATION WILL BE ERROR-FREE.
IN NO EVENT SHALL THE LICENSOR BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY
THEREOF.
5. LIMITATION OF REMEDIES
The Licensor's entire liability and your
exclusive remedy shall be:
(a) the replacement of any media not meeting the
Limited Warranty herein which is returned to the
Licensor within thirty (30) days with proof of
purchase; or,
(b) termination of this License Agreement.
6. TERMINATION
You may terminate this Agreement at any time
by destroying all copies of The Software and related
materials. The Licensor may terminate this license
without notice to you if you fail to comply with any of
its terms. Any such termination by the Licensor
shall be in addition to and without prejudice to such
rights and remedies as may be available, including
injunction and other equitable remedies. Upon
receipt by you of written notice of termination from the
Licensor or termination by you, you shall immediately
(a) cease using The Software;
(b) return to the Supplier or the Licensor
The Software and all written documentation and all
magnetic media provided to you (or destroy all copies
thereof in your possession); and
(c) within five (5) days thereafter,
provide the Licensor with a written confirmation that
you have complied with the foregoing.
The provisions of Sections 3, 5 and 6 herein shall
survive termination of this Agreement.
7. MISCELLANEOUS
This is the entire agreement between you and
the Licensor pertaining to the right to use The
Software, and supersedes all prior or collateral oral or
written representations or agreements related
hereto. In the event that one or more of the
provisions is found to be illegal or unenforceable, this
Agreement shall not be rendered inoperative but the
remaining provisions shall continue in full force and
effect. This Agreement shall be governed by the
laws of the Province of Alberta, Canada.
8. The Licensor may be contacted at:
C-TEC #200, 10520 - 178
Street Edmonton, Alberta T6S 2J1 Phone:
(780) 448-9895 Fax: (780) 447-4960
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