End user agreement for Newton's Aquarium
End User License Agreement (EULA)
ATTENTION! THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT, WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS OF WARRANTIES AND REMEDIES.
END USER LICENSE AGREEMENT
IMPORTANT! CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO ITS TERMS AND CONDITIONS. YOU FURTHER AGREE TO PROTECT THIS SOFTWARE, AS BEST AS REASONABLY POSSIBLE, FROM UNAUTHORIZED USE, REPRODUCTION OR DISTRIBUTION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PROMPTLY RETURN THE PRODUCT TO LIVING GRAPHS INC. FOR A REFUND.
A. PRODUCT. Living Graphs Inc. ("we" or "us") provides you, the institution user ("you"), with a product (the "Product"), having (i) a software program (the "Software") and (ii) this license agreement (the "Agreement"). The Product may also include a User's Guide, a Registration Card and/or other accompanying documents.
THE COPYRIGHT AND ALL OTHER RIGHT, TITLE AND INTEREST IN THE PRODUCT SHALL AT ALL TIMES REMAIN WITH US AND/OR OUR SUPPLIERS. YOU MUST FULLY REPRODUCE ANY COPYRIGHT OR OTHER NOTICE MARKED ON THE PRODUCT ON ALL COPIES YOU MAKE.
B. YOU MAY:
1. install and use the Product on "X" computers, where "X" is the number of copies paid for as evidenced by your receipt, and only within the intended setting (either an institution or at home).
2. make one (1) additional copy of the Product in any machine-readable or printed form for archival or backup purposes.
3. transfer the Product, provided you assign all your rights hereunder, cease all use of the Product, and erase or destroy any copies (including any hard disk copies) made in support of your use of the Product, and provided the transferee agrees to be bound by the terms and conditions of the Agreement.
C. YOU MAY NOT:
1. use the Product or make copies of all or any part of it, other than as expressly permitted in the Agreement;
2. make copies of any user's guides or other documentation provided;
3. change or reverse-engineer the Product or its method of operation by disassembling, decompiling, reprogramming or by any other means; or
4. rent, lease, assign or transfer the Product except as expressly permitted in the Agreement.
D. TERM. The Agreement shall continue for as long as you use the Product, except that the Agreement shall terminate if you fail to comply with any term or condition herein. You may terminate the Agreement at any time by destroying the Software and documentation together with all copies existing in any form. You agree, upon termination, to destroy the Software and documentation together with all copies. The Limitations of Warranties and the liabilities set out below shall survive any termination of the Agreement.
E. RESULTS. The results of the use of the Product are entirely your responsibility. We recommend that you fully and regularly check to ensure that the results are being properly created and stored, and that they are adequate for your needs.
F. WARRANTY. We warrant that the media in which the Product is delivered (e.g., floppy disk) will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you acquire them, as evidenced by a copy of your receipt. If such a defect occurs, return the defective media to us at the address below, and we will, at our option, either (a) return the purchase price or (b) replace any media that does not meet the limited warranty, and that are returned with a copy of the receipt. We may refuse to honour any claim if the defect has resulted from accident, abuse, misapplication or modification. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
This limited warranty is the entire extent of our and our distributors' and suppliers' liability, and your exclusive remedy for breach of this warranty. It gives you certain legal rights; you may have other legislated rights that vary from jurisdiction to jurisdiction.
G. LIMITATION OF WARRANTIES. Except for the express warranty above, we provide no other warranties, representations or conditions with respect to the Product; it is provided on an "as is" basis, without any other warranties, representations or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our distributors and suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, failure to realize anticipated profits or savings, lost or damaged data or other commercial loss, even if we have been advised of the possibility of such damages or even if they are foreseeable, or for claims by any other party. Our maximum aggregate liability to you, and that of our distributors and suppliers, shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach, default, nonperformance or failure is a breach of fundamental condition or term, or is a fundamental breach.
H. RESTRICTED RIGHTS. If this Product is acquired by or for the U.S. Government, the Product is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Living Graphs Inc., 110 Bagot Street, Kingston, Ontario, K7L 3E5, Canada.
I. GENERAL. THIS AGREEMENT IS THE ENTIRE AGREEMENT WITH RESPECT TO THIS PRODUCT, AND SUPERSEDES ANY OTHER AGREEMENT OR DISCUSSIONS, ORAL OR WRITTEN. THIS AGREEMENT MAY NOT BE CHANGED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY YOU AND BY US. NO PROVISION OF THIS AGREEMENT MAY BE WAIVED EXCEPT IN WRITING, SIGNED BY THE PARTY GIVING THE WAIVER. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais. If any provision of this Agreement be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed; all other provisions in this Agreement shall remain in full force and effect.
LIVING GRAPHS INC.
110 BAGOT STREET
KINGSTON ONTARIO K7L 3E5