END-USER LICENSE AGREEMENT
IMPORTANT: ETRESOFT, INC. ("ETRESOFT") LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT (“LICENSE”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH THEM OR DO NOT WANT THEM BINDING ON YOU, YOU SHOULD UNINSTALL THE SOFTWARE IMMEDIATELY.
GRANT OF LICENSE
- Etresoft hereby grants you a limited, non-sublicensable, non-exclusive, non-transferable right to install and run copies of the specified version of the software that is released under this License (the “Software”).
You may not:
- loan, sell, or otherwise distribute all or any part of the Software;
- decompile, disassemble or undertake any form of re-engineering process on the Software or provide your assistance to any effort of a third party to do so;
- modify or alter in any manner the Software or take part in any such an effort initiated by a third party; and
- loan, sell, share or otherwise distribute activation codes or license codes with any third party.
- This License does not grant you the right to access to the source code of the Software. If, in certain circumstances, such access is desired by you, you may enter into a separate license with Etresoft.
LIMITATION OF LIABILITY
- THE SOFTWARE IS PROVIDED TO YOU AS IS. ETRESOFT DISCLAIMS ALL LIABILITY AND, OTHER THAN WHAT IS EXPRESSLY SET OUT IN THIS LICENSE. ETRESOFT OFFERS NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SOFTWARE. IN NO EVENT WILL ETRESOFT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL RESULTING FROM THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITING THE PRECEDING, THE LOSS OR ALTERATION OF DATA, LOSS OF PROFIT, INTERRUPTION OF BUSINESS AND LOSS OF EMPLOYEE WORK TIME. THIS EXCLUSION OF THE LIABILITY OF ETRESOFT WILL PREVAIL EVEN WHEN YOU ADVISE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- FOR GREATER CERTAINTY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE, INCLUDING ANY REPORTS YOU HAVE OBTAINED THROUGH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE ETRECHECK REPORT, IS AT YOUR OWN RISK. ETRESOFT IS NOT RESPONSIBLE FOR ANY ADVICE OBTAINED FROM THIRD PARTIES REGARDING THE SOFTWARE AND ITS REPORTS.
DISCLAIMER OF WARRANTY
- THE SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ETRESOFT OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
- This License and the rights granted under this License will terminate automatically if you fail to comply with any of the terms of this License and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive any termination or expiry of this License.
- This License represents the complete agreement concerning the subject matter set out in this License. If any provision of this License is held to be unenforceable, such provision shall be deemed to be revised or replaced only to the extent necessary to make it enforceable.
- This License shall be governed and will be construed in accordance with the laws applicable and in force in the Province of Ontario, Canada. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the Province of Ontario.
- The parties confirm hereby that they each require that all documents and notices in connection therewith be drawn up in English. Les parties reconnaissent par les présentes que chacune d’elles a exigé que tout document ou avis y afférent soient rédigés en anglais.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.