ENDUSER LICENSE AGREEMENT FOR ON-LINE DATA SOFTWARE
IMPORTANT: PLEASE READ THIS BEFORE OPENING AND/OR USING ANY SOFTWARE DOWNLOADED FROM THE QWITS.COM WEBSITE. BY OPENING AND/OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, AND LIMITED WARRANTY.
This Agreement sets forth the terms and conditions under which On-Line Data agrees to grant, and the ENDUSER agrees to accept, a perpetual nontransferable and nonexclusive license to use On-Line Data software, whether delivered electronically or other wise, and the associated user documentation accompanying the software which are hereinafter referred to as the "Program".
The term of this Agreement shall commence on the date of its execution and shall continue until terminated as provided herein.
In consideration of payment of the License fee which is a part of the price you paid for this product, On-Line Data agrees to grant you a non-exclusive, non-transferable license to use the enclosed Program(s) [the "Program(s)"] subject to the terms and conditions of this software agreement. On-Line Data retains title to all the Software, Software Copies and Related Materials.
The Program(s) and Documentation are copyrighted and contain trade secrets and proprietary property of On-Line Data. You may make (1) copy of the Program(s) solely for backup or archival purposes. You must reproduce and include the copyright notice on the backup copy. You are not permitted to make copies of the Program(s) or accompanying Documentation for any reason except as provided for herein. If the original Program copy is damaged On-Line Data will provide an additional copy at a cost of the published rates for update media. Additional copies of Documentation are available at the then current list price.
You may not distribute the Program(s) or Documentation to others. Further, this license may not be directly or indirectly assigned, sub-licensed or transferred without the prior written consent of On-Line Data.
You agree not to use the software for the purposes of producing a software product which competes directly with Qwits and its associated modules. Neither the Program(s) nor the Documentation may be changed or translated without the express written permission of On-Line Data.
The Program(s) are provided "AS IS" without warranty of any kind either expressed or implied. Further, On-Line Data does not warrant, guarantee or make any representation regarding the use or the result of the use of the Program(s) or Documentation in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as for the results and performance of the Program(s) is assumed by you.
REMEDIES/LIMITATIONS OF LIABILITY
The exclusive remedy for a breach of any condition or warranty within this agreement is limited to a correction of the Program(s) or a refund of the license payment at On-Line Data's discretion. Under no circumstances, and notwithstanding any failure of the essential purpose of any limited remedy provided for in this Agreement, shall On-Line Data be liable to you, or any other party, for any damages, claims or losses whatsoever, including but not limited to any claims for lost profits, lost savings or other special, incidental or consequential damages arising out of the use or inability to use the Program(s) and/or the Documentation regardless of the circumstances.
LIMITED WARRANTY FOR DISKETTES
If during a period of Ninety (90) days from the original purchase date of the Program(s) as evidenced by proof of payment, a magnetic diskette fails in normal use, it will be replaced provided the applicant for replacement is the original registered licensee and as evidenced by your proof of payment.
Significant enhancements to the Program(s) may result in new versions denoted by an increment to the version number. (i.e. 3.x to 4.x) If you hold a valid license this new version will be available at a standard price similar to other licensed customers. On-Line Data may, at its discretion, discontinue the availability of this Program(s), or update the version of this Program(s), that would require the licensee to upgrade their operating system software.
This license is effective until terminated. It will be terminated automatically without notice from On-Line Data if you fail to comply with any terms or condition of this agreement. You may terminate this agreement at any time. Upon termination you shall destroy the Program(s) and Documentation together with all copies of related material. In addition, this agreement shall also terminate if you fail to comply with any provision within the OEM or Reseller License Agreement (if applicable).
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this agreement.
You acknowledge that you have read this license and limited warranty, understand them and agree to be bound by their terms and conditions. The agreement is complete and supercedes all other agreements that may have related to the subject matter of this agreement. All dollar amounts herein shall be in United States or Canadian currency. The parties attorn to the Courts of the Province of Ontario.
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