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- Delrina (Canada) Corporation
-
- Attention: The software program and other materials in this
- package are provided to you under the terms of the license
- agreement below and are not sold to you.
-
- End User License Agreement FOR SAMPLERS ONLY
-
- A. License
-
- Delrina (Canada) Corporation and any company controlling it,
- controlled by it, or with which it is under common control,
- ("we", "us" or "our"), provides the Licensee ("you" or "your")
- with a computer program ("the Program") and a license. If
- you are receiving the Program from an electronic service, we
- provide you with a file of the computer program, which contains
- a license (either version being called "the Package") and
- grants to you a license to use the Package in accordance with
- the terms of this Agreement.
-
- B. Intellectual Property
-
- Ownership of the copyright, trademark and all other rights,
- title and interestin the Package, as well as any copies,
- modifications or merged portions made of the Program shall at
- all times remain with us or licensors to us. You must fully
- reproduce any copyright or other notices marked on any part of
- the Program on all copies of same. This Package is protected
- by local and international intellectual property laws, which
- apply but are not limited to our copyright, trademark and patent
- rights, and by international treaty provisions.
-
- C. User License
-
- (I) You may:
-
- (1) use the Program on an unlimited number of computers;
- (2) make additional copies of the Program for distribution,
- provided that you do not receive any compensation or other
- economic gain in exchange for such copies.
-
- (II) You may not:
- (1) make copies of, rent or lease, the Program for compensation;
- (2) translate, reverse engineer, decompile or disassemble the
- Program; or (3) modify the Program.
-
- D. Warranty
-
- If you are receiving the Program on a diskette supplied by
- Delrina, we warrant that the diskette in this Package will be
- free from defects in materials and workmanship for ninety (90)
- days from the date of delivery to you. If a defect occurs within
- that time, return it to us at the address below and we will
- replace it at no charge. During the warranty period we may
- refuse to honor any claim if the defect has resulted from
- accident, abuse or misuse. This remedy is your exclusive remedy
- for breach of this warranty.
-
- E. Limitation of Warranties and Liability
-
- EXCEPT FOR THE EXPRESS WARRANTY ABOVE, WE MAKE NO OTHER
- WARRANTIES WITH RESPECT TO THE PACKAGE, AND IT IS PROVIDED ON
- AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR
- IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
- THE PACKAGE IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY
- TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
- INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER,
- INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST
- DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR CLAIMS BY A
- THIRD PARTY, NOR SHALL OUR DIRECTORS, AGENTS, LICENSORS TO US,
- EMPLOYEES OR REPRESENTATIVES HAVE SUCH LIABILITY. OUR MAXIMUM
- AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY
- YOU FOR THE PACKAGE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS
- AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
- TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
- OF IMPLIED WARRANTIES AND DO NOT PERMIT THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE,
- THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
-
- F. Indemnity
-
- You expressly save and hold us, our subsidiaries, agents,
- affiliates and licensors to Delrina harmless from any and all
- liability of any kind or nature whatsoever to your customers,
- distributors and third parties which may arise from your acts
- under this Agreement.
-
- G. General
-
- (a) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT WITH
- RESPECT TO THE PACKAGE AND SUPERSEDES ANY OTHER AGREEMENT OR
- DISCUSSIONS, ORAL OR WRITTEN. THIS AGREEMENT MAY NOT BE
- CHANGED OR WAIVED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY YOU
- AND ONE OF OUR SIGNING OFFICERS. NO OTHER PERSON HAS THE
- AUTHORITY ON OUR BEHALF TO CHANGE OR WAIVE THIS AGREEMENT.
-
- (b) A waiver by either party of any term or condition of
- this Agreement will not be deemed a waiver of the term for the
- future, or of any subsequent breach of it.
-
- (c) The invalidity or unenforceability of any provision of
- this Agreement will not affect the validity or enforceability
- of any other provision. Such invalid or unenforceable provision
- shall be deemed to be severed from this Agreement and the
- Agreement shall be construed as if such provision was never
- inserted into it.
-
- (d) This Agreement shall be governed and construed in
- accordance with the laws of the Province of Ontario, excepting
- its conflict of laws provisions.
-
- (e) No action, regardless of form, arising out of this
- Agreement, may be brought by you more than two years after the
- facts giving rise to the cause of action have occurred, whether
- those facts by that time are known to or reasonably ought to
- have been discovered by you.
-
- Should you have any questions about this Agreement, of if you
- wish to contact us for any reason, please contact in writing
- at one of the following addresses:
-
-
- Delrina (Canada) Corporation
- 895 Don Mills Road
- 500 - 2 Park Centre
- Toronto, Ontario
- Canada M3C 1W3
-
-
- c/o 6830 Via Del Oro
- Suite 240
- San Jose, California
- U.S.A. 95119 - 1353
-
-
- c/o Foster House
- Maxwell Road
- Borehamwood, Hertfordshire
- WD6 1JH U.K.
-