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End User License Agreement for ANY McGrath Info Solution software products
Important - Read Carefully:
This McGrath Info Solution End User License Agreement ("END USER LICENSE") is a legal agreement between you and McGrath Info Solution for this Software Program, which includes computer software and associated media and printed materials (if any) and may include online or electronic documentation ("SOFTWARE PRODUCT"). By purchasing, downloading, installing, copying and otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this END USER LICENSE. If you do not agree to the terms of this END USER LICENSE, you will not be able to purchase, download, install, copy or otherwise use this SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All titles and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) are owned by McGrath Info Solution.
Grant of License
Subject to the conditions that you are in compliance with the terms of this END USER LICENSE, McGrath Info Solution grants you the following: (a) you may have to be a registered client of McGrath Info Solution to use the SOFTWARE PRODUCT. (b) free trial use of the SOFTWARE PRODUCT is limited to a fixed number of days or features; (c) any user purchasing the SOFTWARE PRODUCT will be charged a one-time fee for Purchase which entitles the user to all corrections through the next version release of the SOFTWARE PRODUCT free of charge (d) a user who has purchased the SOFTWARE PRODUCT may download, install and use the SOFTWARE PRODUCT on multiple computers under a single McGrath Info Solution registered username. However, attempts to use the SOFTWARE PRODUCT on multiple computers simultaneously by a single registered user are prohibited. If abuse is detected, the license will be terminated. If you bought the SOFTWARE PRODUCT, you must safely keep a copy of the serial number or key file of the SOFTWARE PRODUCT. If you lost the serial number or key file, you will have to purchase the SOFTWARE PRODUCT.
You may not alter, merge, modify, adapt or translate the SOFTWARE PRODUCT, or decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE PRODUCT to a human-perceivable form. You may not sell, rent, lease, or sublicense the SOFTWARE PRODUCT. You may not modify the SOFTWARE PRODUCT or create derivative works based upon the SOFTWARE PRODUCT. You may not export the SOFTWARE PRODUCT into any country prohibited by the Canadian Export Administration Act and the regulations thereunder. In the event that you fail to comply with this END USER LICENSE, McGrath Info Solution may terminate the license and you must destroy all copies of the SOFTWARE PRODUCT (with all other rights of both parties and all other provisions of this END USER LICENSE surviving any such termination). You shall not use the SOFTWARE PRODUCT to develop any software or other technology having the same primary function as the SOFTWARE PRODUCT, including but not limited to using the SOFTWARE PRODUCT in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the SOFTWARE PRODUCT.
The foregoing license gives you limited license to use the SOFTWARE PRODUCT. McGrath Info Solution retains all rights, titles and interests, including all copyrights and intellectual property rights, in and to, the SOFTWARE PRODUCT and all copies thereof. All rights not specifically granted in this END USER LICENSE, including Federal and International Copyrights, are reserved by McGrath Info Solution.
MCGRATH INFO SOLUTION DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MCGRATH INFO SOLUTION DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MCGRATH INFO SOLUTION, ITS ASSOCIATES, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. MCGRATH INFO SOLUTION SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE PRODUCT HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE PRODUCT WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL MCGRATH INFO SOLUTION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MCGRATH INFO SOLUTION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. MCGRATH INFO SOLUTION`S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $0.00.THE FOREGOING IMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS END USER LICENSE.
This END USER LICENSE shall be governed by the internal laws of the Province of Quebec applicable to agreements entered into and wholly to be performed therein, without giving effect to any conflict or choice of law provision or rule thereof. This END USER LICENSE contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the SOFTWARE PRODUCT licensed hereunder shall be of no effect. The failure or delay of McGrath Info Solution to exercise any of its rights under this END USER LICENSE or upon any breach of this END USER LICENSE shall not be deemed a waiver of those rights or of the breach. If any provision of the END USER LICENSE shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this END USER LICENSE will remain in full force and effect. All questions concerning this END USER LICENSE shall be directed to: McGrath Info Solution, 2173 des Bouvreuils, Charlesbourg, Quebec City, Quebec Canada.