End user agreement for DOVICO Timesheet
END USER LICENSE AGREEMENT
DOVICO Enterprises Inc.
License Agreement and Limited Product Warranty
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOUR USING OF THIS SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
DOVICO Entreprises Inc. (DOVICO) distributes and licenses use of the enclosed computer software program entitled DOVICO Timesheet ("Program") and you assume responsibility for the selection of the Program to achieve your intended results and for the installation, use and results obtained from the Program.
DOVICO grants you the right to use the Program on a single server or combined multiple servers creating a single installation of the package. You may use the Program(s) on a network provided you have acquired the number of program user licenses equal to the number of people to which the Program will be used. If the anticipated number of people using the software exceeds the number of these access licenses acquired by you, then you must have a reasonable mechanism or process in place to ensure that the number of people to which the Program is being used by does not exceed the number of these Program access licenses acquired by you. Since this Program package includes a multiple-user license, you may make and use additional copies of the Program up to the number of copies licensed by the multiple-user license. You may also make one (1) copy of the Program for back-up purposes.
The Program and the Program manual ("Program Manual") are protected by copyright. You do not become the owner of the Program or the Program Manual under this license agreement and are only entitled to use them in accordance with the terms of this license agreement.
You may not use, copy, modify, alter, adapt, loan, sub-license, share, rent or lease the Program, in whole or in part, except as expressly provided for in this license agreement. You may not decompile, reverse assemble or otherwise reverse engineer the Program. You may not transfer or assign the Program or license granted hereunder to another party unless the other party agrees to accept the terms and conditions of this license agreement and provided that you transfer all copies of the Program and Program Manual whether in printed or machine readable form to the same party or destroy any copies not transferred. Any such transfer terminates your license.
DOVICO's logos, product names, Program Manual and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to DOVICO. You agree not to remove any product identification or notices of the proprietary restrictions from DOVICO's products.
Periodically, DOVICO may introduce new versions or releases of the Program. Any new versions or releases which are provided to you shall become part of the Program and shall be governed by the terms of this license agreement.
The Program is provided "as is" without warranty of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you.
Should the Program prove defective you, and not DOVICO, assume the entire cost of all necessary servicing, repair or correction. DOVICO does not warrant that the functions contained in the Program will be entirely error free or appear precisely as described in the Program Manual.
DOVICO warrants that the CDs on which the Program is furnished will be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt ("Limited Warranty").
LIMITATION OF REMEDIES AND LIABILITY
DOVICO's entire liability and your exclusive remedy shall be:
a: The replacement of any CDs not meeting the Limited Warranty that is returned to DOVICO with a copy of your purchase receipt.
b: In no event will DOVICO be liable to you for any damages whatsoever, including lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the Program, even if DOVICO has been advised of the possibility of such damages, or for any claim made by any other party.
Except as expressly provided in this license agreement, any attempt to assign or transfer any of the rights, duties or obligations is void.
This license agreement is governed by the laws of New Brunswick and Canada. The Court of Queen’s Bench of the Province of New Brunswick shall have exclusive jurisdiction over any litigation arising hereunder.
If the provision of this license agreement is held unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. You agree to reimburse DOVICO, on demand, for all expenses incurred by DOVICO in the enforcement or attempted enforcement of any of its rights hereunder, including without limitation, solicitors fees.
Any question concerning this license agreement should be referred in writing to DOVICO at P.O. Box 27058, Dieppe, NB, CANADA, E1A 6V3.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, AND BY OPENING THIS PROGRAM PACKAGE OR USING THE SOFTWARE INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU ALSO AGREE THAT IT IS THE COMPLETE AGREEMENT BETWEEN DOVICO AND YOU, THE LICENSED USER, AND THAT IT SUPERSEDES ANY INFORMATION YOU RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
DOVICO and DOVICO Timesheet are trademarks of DOVICO Enterprises, Inc.