By installing this program 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, cancel the installation and delete the EventReader 2 installation
Software.
EVENTREADER 2 LICENSE AGREEMENT
GRANT OF LICENSE
Altair Technologies ("Developer") hereby grants you a nonexclusive,
non-assignable, and non-transferable license to use the EventReader 2 (as
identified on a valid written or electronic purchase order, an Altair
Technologies invoice) ("Software") on a single computer. This license allows you
to install the Software on one computer.
RESTRICTIONS
You may not copy, modify, adapt, translate, reverse engineer, de-compile, or
otherwise attempt to discover the source code of the Software, except as
expressly permitted by the law in effect in the jurisdiction in which you are
located.
You may not permit other individuals to use the Software and resulting reports,
analyses and data, modify, translate, reverse engineer, de-compile, (except to
the extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software; copy the Software (except for back-up
purposes); rent, lease, or otherwise transfer rights to the Software; or remove
any proprietary notices or labels on the Software or documentation. You may not
transfer, lease, assign, sublicense, rent, share or distribute the Software or
make it available for timesharing, service bureau or on-line use.
EVALUATION VERSION
In the event that the Software is an evaluation version, the following terms
shall apply. The
Developer is not obligated in any way to reveal or publish the components,
files, code or methods used to enforce the evaluation period. You agree that you
will not do anything to circumvent or defeat the features designed to stop the
Software from operating after the evaluation period expires.
TITLE
Title, ownership rights, and intellectual property rights in and to the Software
shall remain with Developer and/or its suppliers. The Software is protected by
the copyright laws of Canada and international copyright treaties. Title,
ownership rights, and intellectual property rights in and to the content
accessed through the Software are the property of the applicable content owner
and may be protected by applicable copyright or other law. This License gives
you no rights to such content. This Agreement does not convey to you an interest
in or to the Software, but only grants you a limited right of use which may be
revocable in accordance with the terms of this Agreement.
DISCLAIMER OF WARRANTIES
The Software is provided to you as is and there are no warranties, claims or
representations made by Developer, either express, implied, or statutory, with
respect to the Software, including warranties of quality, performance,
non-infringement, merchantability, or fitness for a particular purpose, nor are
there any warranties created by course of dealing, course of performance, or
trade usage. The Developer does not warrant that the Software will meet your
needs or be free from errors, or that the operations of the software will be
uninterrupted. The Developer does not warrant the accuracy of the output
generated. The foregoing exclusions and disclaimers are an essential part of
this Agreement and formed the basis for determining the price charged for the
products. Some countries do not allow exclusion of an implied warranty, so this
disclaimer may not apply to you.
EXCLUSIVE REMEDY
Developer's cumulative liability to you or any other party for any loss or
damages resulting from any claims, demands, or actions arising out of or
relating to this Agreement shall not exceed the license fee paid to Developer
for use of the Software. In no event shall Developer be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost profits, even
if Developer has been advised of the possibility of such damages.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
The Developer will not be liable to you or any third-party claimant for any
indirect, special, punitive, consequential, or incidental damages, whether based
on a claim or action of contract, warranty, negligence, strict liability, or
other tort, breach of any statutory duty, indemnity or contribution, or
otherwise, even if the Developer has been advised of the possibility of such
damages. The exclusion contained in this paragraph shall apply regardless of the
failure of the exclusive remedy provided in the foregoing paragraph. Some
countries do not allow the limitation or exclusion of liability for incidental
or consequential damages, so the limitations or exclusions in this and the
foregoing paragraph may not apply to you.
TERMINATION
This License will terminate automatically if you fail to comply with any term
hereof. No notice shall be required from Developer to effect such termination.
You may also terminate this Agreement at any time by notifying Developer in
writing of termination. On termination, you must destroy all copies of the
Software. Your obligation to pay accrued charges and fees shall survive any
termination of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this License between
the parties and supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both parties. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by and construed under Canadian law as such law
applies to agreements between Canadian residents entered into and to be
performed within Canada.
Audit Rights. Developer may, upon fifteen (30) days' advance notice and at its
expense, conduct an annual audit, during your normal business hours, of your use
of the Software and Documentation to verify compliance with this Agreement. You
shall provide Developer with access to records, hardware and employees in order
to perform the audit. "Documentation" means explanatory and informational
materials concerning the Software, in printed or electronic format, which
Developer has released for distribution to end users with the Software,
including without limitation, manuals, descriptions, user and/or installation
instructions, diagrams, printouts, listings, flowcharts and training materials,
contained on visual media such as paper or photographic film, or on other
physical storage media in machine-readable form.
Altair Technologies Ltd.
http://www.altairtech.ca
11470 Inglis Dr., Unit 1
Campbellville, Ontario, L0P 1B0
Canada
Phone: +1 905 854-5367
Fax: +1 416 954-1444