| Neo's Frx2Any software agreement | |
This document is a legal agreement between you, Neova Inc. By downloading or using this software or its documentation, you agree to be bound by the terms of this agreement.Software LicenceNeova wishes to allow you the opportunity to evaluate the software package known as Fr2Any. To this end, Neova grants you the right to use a demonstration version of Frx2Any (hereinafter referred to jointly and severally as "the software"). This version has limited functionality and you acknowledge that you are aware of this limitation. The licence shall be non-transferable and is not exclusive to you. You may not use, copy, modify, combine, incorporate or transfer the software, or any copy, modification, or merged portion, in whole or in part, except as expressly permitted by this agreement. Any portion of the software merged into another program continues to be subject to the terms and conditions of this Agreement. You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law. Disclaimer of WarrantyThe software is provided "as is" without warranty of any kind. Neova further disclaim all implied warranties including any implied warranties of merchantability or of fitness for a particular purpose. You acknowledge that no representation or warranty has been made by Neova as to the performance or functionability of the product or as to the suitability of the product for your purposes. The entire risk arising out of the use of the software and documentation remains with you. In no event shall Neova or anyone involved in the creation or documentation of the software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, interruption of business activity, loss of business information, or other monetary loss) arising out of the sale, use or inability to use the software or documentation. You agree not to obtain or use the software in any state or country that does not allow the exclusion or limitation of liability for consequential or incidental damages. AcceptanceUpon installation of the software, you shall be responsible for ensuring that the software is used in accordance with these conditions. OwnershipYou acknowledge that all intellectual property rights in the software belong to Neova Inc. Neova retains ownership of the software whether in its original form or as modified by you during the term of the licence. CopiesYou may make such number of copies of the software as is necessary to serve your internal needs for the system's back-up and security. All copies of the software shall be and remain the property of Neova. You shall not remove from the software or copies of the software notices of Neova's ownership of the software. You shall notify Neova immediately on becoming aware of any unauthorised use or copying of the whole or any part of the software or of the documentation. SecurityYou shall be responsible for protecting the software at all times from access, use or modification that is not authorised by this agreement. Entire agreementThis agreement constitutes the entire agreement between the parties relating to the software. WaiverNo forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach. SeverabilityShould any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement. Applicable LawThis agreement shall be governed by the Laws of the province of Quebec in Canada. You agree to submit to the jurisdiction of the Courts of Canada. Dispute resolutionAny dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of Canada. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
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| Updated March 9, 2002 |