| ATTENTION:
THIS IS A LICENSE, NOT A SALE. THIS PRODUCT
IS PROVIDED UNDER THE FOLLOWING LICENSE
AGREEMENT AND ALL APPLICABLE ADDENDA ("LICENSE"),
WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT
AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR
REMEDIES. THIS LICENSE IS GRANTED BY HEMERA
TECHNOLOGIES INC. THIS LICENSE INCLUDES
THE FOLLOWING:
1. GENERAL LICENSE AGREEMENT
2. GUIDELINES FOR THE USE OF THE IMAGES
LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY
BEFORE USING THIS PRODUCT. INSTALLING, COPYING,
OR OTHERWISE USING THIS PRODUCT INDICATES
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS
LICENSE AND AGREE TO BE BOUND BY AND COMPLY
WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN
THE COMPLETE PRODUCT TO HEMERA, WITHIN FIFTEEN
DAYS OF THE DATE YOU ACQUIRED IT, FOR A FULL
REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF
OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE:
Hemera Technologies Inc. ("we" or "us") provides
you with storage media containing a computer
program, computer software, including its
code, objects including their API's as well
as any images, photographs, templates, animations,
video, audio, music, text and "applets" incorporated
into the software, the accompanying printed
materials, a License, and "on line" or electronic
documentation (together called the "Product")
and we grant you a license to use the Product
in accordance with the terms of this License.
Any supplemental software code and supporting
materials provided to you as part of support
services provided by Hemera for the Product
shall be considered part of the Product and
are subject to the terms and conditions of
this License. The copyright and all other
rights to the Product shall remain with us
or our licensors. You must reproduce any copyright
or other notice marked on the Product on all
copies you make. Hemera may have patents,
patent applications, trademarks, copyrights,
or other intellectual property rights covering
the subject matter in this document. Except
as expressly provided in any written license
agreement from Hemera, the furnishing of this
document does not give you the license to
these patents, trademarks, copyrights, or
other intellectual property.
B. YOU MAY:
1. install and use one copy of the Product
on a single computer. You may also make and
use a second copy of the Product on a home
or portable computer, provided that copy is
never loaded in the RAM of the home or portable
computer at the same time it is loaded in
the RAM of the primary computer.
2. store or install a copy of the Product
on a storage device, such as a network server,
used only to install or run the Product on
your other computers over an internal network;
however, you must acquire and dedicate a license
for each separate computer on which the Product
is installed or run from the storage device.
3. make one copy of the Product for archive
or backup purposes.
4. use the images contained in the Product
only if you comply with the terms set out
in the Guidelines for the Use of The Images
below.
5. transfer the Product to someone else only
if you assign all of your rights under this
License, cease all use of the Product, erase
or destroy any copy (including the hard disk
copy) made in support of your use of the Product,
and ensure that the person to whom you wish
to transfer the Product agrees to the terms
of this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except
as permitted in this License.
2. translate, reverse engineer, decompile,
or disassemble the Product except to the extent
the
foregoing restriction is expressly prohibited
by applicable law.
3. rent, lease, assign, or transfer the Product
except as set out in paragraph B above.
4. modify the Product or merge all or any
part of the Product with another program.
5. redistribute the fonts or sound files included
with the Product.
6. separate the component parts of the Product
for use on more than one computer.
D. TERM:
This License shall remain in effect only for
so long as you are in compliance with the
terms and conditions of this agreement. This
License will terminate if you fail to comply
with any of its terms or conditions. You agree,
upon termination, to destroy all copies of
the Product. The Limitations of Warranties
and Liability set out below shall continue
in force even after any termination.
E. LIMITATION OF WARRANTIES AND LIABILITY:
THE PRODUCT IS PROVIDED AND LICENSED
BY HEMERA ON AN "AS IS" BASIS, WITHOUT ANY
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THOSE ARISING BY LAW, STATUTE,
USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE PRODUCT IS ASSUMED BY YOU. NEITHER
WE NOR OUR DEALERS OR 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,
LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY
ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE
FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE
LIABILITY TO YOU AND THAT OF OUR DEALERS 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 OR DEFAULT IS A BREACH OF A
FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
BREACH. SOME STATES/COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
F. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product
by or for any unit or agency of the United
States Government (the "Government"), the
Product shall be classified as "commercial
computer software", as that term is defined
in the applicable provisions of the Federal
Acquisition Regulation (the "FAR") and supplements
thereto, including the Department of Defense
(DoD) FAR Supplement (the "DFARS"). The Product
was developed entirely at private expense,
and no part of the Product was first produced
in the performance of a Government contract.
If the Product is supplied for use by DoD,
the Product is delivered subject to the terms
of this License and either (i) in accordance
with DFARS 227.7202-1(a) and 227.7202-3(a),
or (ii) with restricted rights in accordance
with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988),
as applicable. If the Product is supplied
for use by a Federal agency other than DoD,
the Product is restricted computer software
delivered subject to the terms of this License
and (i) FAR 12.212(a); (ii) FAR 52.227-19;
or (iii) FAR 52.227-14(ALT III), as applicable.
The contractor/manufacturer is Hemera Technologies
Inc., 490 St-Joseph Blvd., Hull, Quebec, J8Y
3Y7 Canada.
G. GENERAL:
This License is the entire agreement between
us, superseding any other agreement or discussions,
oral or written, and may not be changed except
by a signed agreement. This License shall
be governed by and construed in accordance
with the laws of the Province of Ontario,
Canada, excluding that body of law applicable
to choice of law and excluding the United
Nations Convention on Contracts for the International
Sale of Goods and any legislation implementing
such Convention, if otherwise applicable.
You hereby consent and attorn to the jurisdiction
of the courts of such province. Hemera may
assign this License at any time. If any provision
of this License is declared by a Court of
competent jurisdiction to be invalid, illegal,
or unenforceable, such a provision shall be
severed from the License and the other provisions
shall remain in full force and effect.
GUIDELINES FOR THE USE OF THE IMAGES
This product contains numerous images (collectively
referred to as the "Images") which are either
owned by Hemera or licensed from a third party.
As a user of this product, you are free to
use, modify and publish the Images as you
wish subject to the restrictions set out below.
Since we are not in a position to offer
guidance on each individual use of our digital
content, please feel free to consult independent
legal resources in cases where you are uncertain
about intended usage. Supplementary rights
may need to be acquired in some cases.
A. YOU MAY, subject to any restrictions set
out below
1. incorporate any Image(s) into your own
original work and publish, display and distribute
your work in any media, provided you include
a copyright notice in any electronic or digital
work reflecting on the copyright ownership
of both you and Hemera as follows:
"Copyright © 20__ [your name] and its
licensors. All rights reserved."
You may not, however, resell, sublicense or
otherwise make available the Image(s) for
use or distribution separately or detached
from a product or Web page. For example, the
Image(s) may be used as part of a Web page
design, but may not be made available for
downloading separately or in a format designed
or intended for permanent storage or re-use
by others. Similarly, clients may be provided
with copies of the Image(s) (including digital
files) as an integral part of a work product,
but may not be provided with the Image(s)
or permitted to use the Image(s) separately
or as part of any other product;
2. make one (1) copy of the Image(s) for backup
or archival purposes.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory
or immoral works using the Image(s), nor use
the Image(s) for any other purpose which is
prohibited by law;
2. use or permit the use of the Image(s) or
any part thereof as a trademark or service
mark, or claim any proprietary rights of any
sort in the Image(s) or any part thereof;
3. use the Image(s) in electronic format,
online or in multimedia applications unless
the Image(s) are incorporated for viewing
purposes only and no permission is given to
download and/or save the Image(s) for any
reason;
4. rent, lease, sublicense or lend the Image(s),
or a copy thereof, to another person or legal
entity. You may, however, transfer your license
to use the Image(s) to another person or legal
entity, provided that (i) you transfer the
Image(s) and this License, including all copies
(except copies incorporated into your work
product as permitted under this License),
to such person or entity, (ii) that you retain
no copies, including copies stored on a computer
or other storage device, and (iii) the receiving
party agrees to be bound by the terms and
conditions of this License;
5. use any Image(s) except as expressly permitted
by this License;
6. use the Image(s) related to identifiable
individuals, products or entities for any
commercial purpose or in a manner which suggests
their association with or endorsement of any
product or service. |
