Software License Agreement
Please read the terms and conditions of this license agreement (the "License") before using the computer software (the "Software"). By using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and FYIdb Software Inc. and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly terminate using the Software.
The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from time to time.
1. License Grant.
This License permits you, as purchaser of the Software, to use one copy of the Software solely for your use. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from FYIdb Software Inc. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
2. FYIdb Software Inc.'s Rights.
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of FYIdb Software Inc. under international copyright law and disclosed to you by FYIdb Software Inc. in confidence. You shall take all reasonable steps to safeguard the Licensed Products. FYIdb Software Inc. owns and retains all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.
3. Service Level Agreements.
Support services may be purchased under separate agreement with FYIdb Software Inc.
4. Limited Warranty.
FYIdb Software Inc. warrants that for your benefit alone, for thirty (30) days from the day of first use by you (the "Warranty Period") the Software, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Any replacement program will be warranted for the remainder of the original warranty period or fifteen (15) days from the date of receipt by you, whichever is longer. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article for more than six (6) months after the date on which the breach of warranty occurred.
5. Exceptions to Warranties; Disclaimers.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, FYIdb Software Inc. DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. FYIdb Software Inc. does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. FYIdb Software Inc. does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free.
FYIdb Software Inc.'s limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than FYIdb Software Inc.
6. Refund Policy.
FYIdb Software Inc. will refund the full price of the Software if the Software is damaged or defective, and only if you notify FYIdb Software Inc. of the refund request within fourteen (14) days of the date you purchased the Software.
7. Exclusive Remedies.
You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in FYIdb Software Inc.'s sole option, to replace the media or to credit the amounts paid by you to FYIdb Software Inc., if any, and terminate this License.
8. Limitations of Liability.
In no event shall FYIdb Software Inc. be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if FYIdb Software Inc. has been advised of the possibility of such loss or damages. FYIdb Software Inc.'s cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
9. Termination.
This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the Software and Documentation, and FYIdb Software Inc. will be entitled to all remedies in accordance with applicable law.
10. General.
This agreement shall be governed by the laws of Canada.