END USER LICENSE AGREEMENT
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
DOWNLOADING AND/OR COMPLETING THIS INSTALLATION. THE INDIVIDUAL OR ENTITY
RUNNING THIS INSTALLATION (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF
THIS LICENSE. IF YOU DO NOT AGREE WITH THIS LICENSE, DO NOT COMPLETE THIS
INSTALLATION; IMMEDIATELY NOTIFY ICEFIRE STUDIOS THAT YOU DO NOT AGREE WITH THIS
LICENSE, AND YOU MAY BE ELIGIBLE FOR A REFUND. YOUR DOWNLOAD OF AND/OR THE
INSTALLATION OF THIS SOLUTION CONSTITUTES ACCEPTANCE OF THIS LICENSE AGREEMENT.
The enclosed computer program(s) and the accompanying
documentation are provided to the End-User by IceFire Studios Corp.("Licensor")
for use only under the following terms. Licensor reserves any right not
expressly granted to the End-user. The Licensor retains ownership of all copies
of the Software itself. The End-User assumes sole responsibility for the
installation, use and results obtained from use of the Software.
1. License.
End-User is granted a limited, non-exclusive license
to do only the following:
A. Use this software for the number of licenses or
capacity that you have purchased.
B. Make one copy in machine-readable form solely for
backup or archival purposes for the computer which the Software is installed.
The Software is protected by copyright law. As an express condition of this
License, the End-User must reproduce on the copy Licensor's copyright notice and
any other proprietary legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this
License to another party together with a copy of this License and all written
materials accompanying the Software, provided (i) the End-User gives Licensor
written notice of the transfer (including in such notice the identity of the
transferee), and (ii) the other party reads and agrees to accept the terms and
conditions of this License. If such transfer occurs, End User must transfer the
ORIGINAL installation program.
2. Restrictions.
The End-User may NOT sublicense, assign, or distribute
copies of the Software to others. The Software contains trade secrets. The
End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce
the Software to a human readable form unless it is already in such form. THE
END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT,
DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE
WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Evaluation Licenses. Software may be provided to
you for beta, demonstration, test or evaluation purposes. The license granted
under an Evaluation license shall be for a term of thirty (30) days (the
“Evaluation Period”) unless otherwise provided by the licensor, limited
specifically for evaluation or demonstration purposes only. You agree not to use
the Software under an Evaluation License in a production environment or for
production data processing purposes and your use of an Evaluation License
Software is at your sole risk to backup data. There is no obligation to support,
maintain or provide any assistance regarding any of these licenses. In no event
will Licensor be liable for any damages for any claim or cause for any direct,
actual, indirect damages, loss of data, consequential, incidental or special
indirect damages, even if Licensor has been advised of the possibility of such
damages.
4. Protection and Security.
The End-User agrees to use its best efforts and to
take all reasonable steps to safeguard the Software to ensure that no
unauthorized person shall have access thereto and that no unauthorized copy,
publication, disclosure or distribution in whole or in part, in any form, shall
be made. The End-User acknowledges that the Software contains valuable
confidential information and trade secrets and that unauthorized use and/or
copying are harmful to Licensor.
5. Termination.
This License is effective for the duration of the
license period. This License will terminate immediately without notice from
Licensor if the End User fails to comply with any of its provisions. Upon
termination the End User must destroy the Software and all copies thereof, and
the End-User may terminate this License at any time by doing so.
6. Limited Warranty.
Licensor warrants that, for one (1) year from the date
of initial use by the original End User, the Software shall operate
substantially in accordance with the published functional specifications current
at the time of purchase. If, during the warranty period, a defect appears, End
User shall return the Software to Licensor and Licensor's only obligation shall
be, at Licensor's election, to replace the defective Software or refund the
purchase price (if the notification of such defect is provided via electronic
mail to Licensor within fifteen (15) days of purchase). The End-User agrees that
the foregoing constitutes the End-User's sole and exclusive remedy for breach by
Licensor under any warranties made under this Agreement.
No oral or written information or advice given by
Licensor or its dealers, distributors, employees or agents shall in any way
extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY,
QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR
ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT
ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
7. Enhancements.
From time to time Licensor may, in its sole
discretion, advise the End-User of updates, upgrades, enhancements or
improvements to the Software and/or new releases of the Software (collectively,
"Enhancements"), and may license the End-User to use such Enhancements upon
payment of prices as may be established by Licensor from time to time. All such
Enhancements to the Software provided to the End-User shall also be governed by
the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL
BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER
MUST NOTIFY LICENSOR OF ANY CHANGE OF END USER CONTACT INFORMATION KEPT ON FILE
BY LICENSOR.
8. General.
This License will be governed by and construed in
accordance with the laws of the Ontario, Canada and shall inure to the benefit
of Licensor and End-User and their successors, assigns and legal
representatives. If any provision of this License is held by a court of
competent jurisdiction to be invalid or unenforceable to any extent under
applicable law, that provision will be enforced to the maximum extent
permissible and the remaining provisions of this License will remain in full
force and effect. Any notices or other communications to be sent to Licensor
must be mailed first class, postage prepaid, return receipt requested, to the
following address: IceFire Studios Corp., 20 James Street, Suite 100A, Ottawa,
Ontario K2P 0T6
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and all prior
proposals, agreements, representations, statements and undertakings are hereby
expressly cancelled and superseded. This Agreement may not be changed or amended
except by a written instrument executed by a duly authorized officer of
Licensor.
9. Acknowledgment.
THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS
LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Should you have any questions concerning this License, contact Licensor at the
address set forth above or via e-mail at admin@icefire.ca