This End User Licence Agreement (the 'Agreement') is a legal agreement between you (either an individual or an entity) and Di-O-Matic regarding the use of Di-O-Matic's software and service entitled , which may include user documentation provided in 'online' or electronic form (the 'Software').
BEFORE YOU CLICK ON THE 'I Agree' BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE 'I AGREE' BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'I Disagree' BUTTON AND PROMPTLY RETURN WITHIN 30 DAYS THE UNUSED SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND, LESS THE SHIPPING COSTS.
Grant of License: The Software is licensed to you by Di-O-Matic, not sold. During the term of your subscription license, subject to the payment of the applicable fees and your compliance with the terms of this Agreement, this Agreement permits you to use one copy of the specified version of the Software, for internal purposes only, on only one computer, and only by one user, at a time. For the purpose of this Agreement, Software shall include the current and the immediately preceding version release of the product. The software product includes computer software and associated media and printed materials and 'online' or electronic documentation. The Software may only be used in conjunction with the Di-O-Matic authorized unlocking code. If you have purchased multiple licenses for the Software, then at any time you may have as many copies of the Software in use as you have licenses. The Software is 'in use' on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. We reserve aIl rights not expressly granted in this Agreement.
If the Software is labeled 'Not For Resale' or 'NFR', then you may use it only for demonstration, test, and evaluation purposes. If the Software is labeled 'Educational', then you may use it only in qualified educational settings.
Dual-Media Software: You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user
Copyright: The Software is owned by Di-O-Matic or its suppliers or licensors and is protected by United States and Canadian copyright laws and international treaty provisions. We (and our suppliers) own and retain all right title and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy or distribute the Software without authorization. You may (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software, if any.
Restrictions: You may not rent, lease, loan the Software, nor transfer your rights under this Agreement. You may not reverse engineer, de-compile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
Termination: Without prejudice to any other rights, Di-O-Matic may terminate this Agreement if you fail to comply with its terms and conditions. Should this Agreement be terminated by Di-O-Matic, you agree to and undertake to destroy or return to Di-O-Matic all copies of the Software, all of its components and all related material and documentation provided to you with the Software at the time of its purchase.
NO WARRANTIES: THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBlLITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE. DI-O-MATIC MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DI-O-MATIC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION ATTRIBUTABLE TO THE TURN OF THE MILLENIUM. THEREFORE DI-O-MATIC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSABILITY, OR PERFORMANCE
LIMITED LIABILITY: NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DI-O-MATIC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DI-O-MATIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
General: The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Any dispute between you and Di-O-Matic regarding this Agreement will be subject to the exclusive venue of the Courts of the Province of Quebec, Canada. This document is the entire agreement between you and Di-O-Matic and supersedes any other communications or advertising with respect to the Software documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision of this Agreement shall be deemed waived or modified except in a written addendum signed by an authorized representative of the Di-O-Matic.
Contact Information: Should you have any questions concerning this agreement, or if you desire to contact Di-O-Matic for any reason, please call 1 (514) 369-2400 or email email@example.com