If you do not agree to accept this End-User License then you are required by law to delete the source archive and remove any copies software from your system.
The enclosed computer program, referred to hereafter as the "Software", is licensed, not sold, to you by EMULive Imaging Corporation for use only under the terms of this End-User License. EMULive Imaging Corporation reserves all rights not expressly granted to you. You retain ownership of the media on which the Software is stored, however EMULive Imaging Corporation, its licensors and sub-licensors retain ownership of the Software itself.
1. End-User License. This License allows you to:
(a) Use a single copy of the software on a single computer. To "use" the Software means that the Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e. CD ROM etc.) You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must acquire an End-User License for each user concurrently using the software.
(b) Make a single copy of the Software in machine readable form solely for backup purposes. As an express condition of this End-User License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by EMULive Imaging Corporation.
(c) Permanently transfer all your rights under this End-User License to another party by providing to such party all copies of the Software licensed under this agreement together with a copy of this End-User License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this End-User License. Serial authentication numbers, system codes and unlocking mechanisms however, are NOT transferable and remain unique for each installed copy.
2. Restrictions. The Software contains trade secrets in its human perceivable form and to protect them you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Dual Media. If this package contains both CD-ROM and 3.5 inch media, you may use only the media appropriate for your single computer or common storage device. You may not use the media format on another computer or common storage device, nor may you rent, lease, loan or transfer them to another user except as part of a transfer as expressly permitted by this End-User License.
4. Termination: This End-User License agreement is effective until terminated. You may terminate this End-User License agreement at any time by destroying all copies of the software and related materials. The licensor may terminate this license without notice to you if you fail to comply with any of its terms. Any such termination by Licensor shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedied. Upon receipt by you of a written notice of termination from the licensor or termination by you, you shall immediately (a) cease using the software, (b) return to the licensor the software and all written documentation and all magnetic or optical media provided to you (or destory all copies thereof in your possession), and (c) within five days thereafter, provide the licensor with a written confirmation that you have complied with the foregoing. The provisions of sections 2,4 and 5 herein shall survive termination of this End-User License Agreement.
5. Limited Warranty. EMULive Imaging Corporation warrants for a period of ninety (90) days from your date of purchase that the media on which the Software is recorded will be free from defects in materials and workmanship under normal use. EMULive Imaging Corporation's entire liability and your sole and exclusive remedy for any nonconformance of the foregoing limited warranty, provided that such nonconformance is reported to EMULive Imaging Corporation during the warranty period in sufficient detail for EMULive Imaging Corporation to duplicate the nonconformance and verify the correction, will be replacement of the software licensed on magnetic media agreeable to licensor and licensee.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY EMULIVE IMAGING CORPORATION AND ITS LICENSORS AND SUB-LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Remedies and Damages. In no event will EMULive Imaging Corporation, its parent or subsidiaries or any of the licensors or sub-licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if EMULive Imaging Corporation or a EMULive Imaging Corporation representative has been advised of the possibility of such damage. EMULive Imaging Corporation's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to replacement of the software that caused the damages. THE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. 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.
7. General: This End-User License Agreement supercedes all prior or collateral oral or written representations or agreements related to your right to use the software. This End-User License will be construed under the laws of the province of Quebec. If any provision of this 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. If you are a U.S. Government user, then the software is provided with " RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. Manufacturer: EMULive Imaging Corporation, 481 Viger Street West, Suite 400, Montreal, Quebec, Canada H2Z 1G6
Les parties ont convenu que cette convention soit redigee en anglais.
The parties have agreed that this agreement be drafted in English.
