Paradigm
License Agreement and Limited Warranty
IMPORTANT - READ CAREFULLY
This License Agreement and Limited
Warranty (herein referred to as "Agreement") is a
legal agreement between you (either an individual or a single
entity) and Paradigm Technologies Corp. (herein referred to
as "Paradigm") for the RouteTech® a
software product, which includes computer software and associated
media, printed materials, and "on-line" or electronic
documentation (herein referred to as "Software Product"). BY CLICKING ON THE “I AGREE” BUTTON OR By
opening the sealed software package and/or by installing, copying
or otherwise using the Software Product, you agree to be bound
by the terms of this Agreement. If you do not agree to the
terms of this Agreement, promptly return the Software Product
and accompanying items in saleable condition to the place from
which you obtained them for a full refund. 1. LIMITED
LICENSE
a) You
are purchasing only the right to use a single copy of the Software
Product, and are acquiring no other rights, title or interest
in or to the Software Product or the intellectual property
rights therein, except the Limited License granted herein.
b) Except
as stated in Section 1(c), Paradigm grants you a limited license
to use one copy of the Software Product on a single computer
for your own internal personal or business purposes (the “Limited
License”). You
may access the Software Product from a hard disk, over a network
(subject to Section 1(c)) or by any other method, strictly
in accordance with the terms hereof.
c) To
license additional users to use the Software Product on a network,
you must acquire "Multiple User Packs", which allow
additional designated users in numbers and on terms specified
by the documentation accompanying the Software Product. You
are strictly limited to the number of copies of the Software
Product in use on a network as is specifically authorized in
the documentation.
2. INTELLECTUAL
PROPERTY RIGHTS
All
right, title and interest in and to the Software Product
(including but not limited to, any images, photographs, animations,
video, audio, music, and text incorporated into the Software
Product), the accompanying printed materials, and any copies
of the Software Product are owned solely and exclusively
by Paradigm or its suppliers. All
intellectual property rights (including without limitation,
copyrights, trade-marks, patents, trade secrets, trade names,
industrial designs and all other intellectual and industrial
property rights) in the Software Products and all copies
thereof are owned solely and exclusively by Paradigm and
its suppliers. The Software Product is protected by copyright
laws and international treaty provisions. Therefore, you
may not copy the Software Product except that you may either
(a) make one copy of the Software Product solely for backup
or archival purposes, or (b) install the Software Product
on a single computer provided you keep the original solely
for backup or archival purposes. You may not copy the printed
materials accompanying the Software Product.
3. OTHER
RESTRICTIONS
a) Rental.
You may not rent or lease the Software Product.
b) Software
Transfer. Unless this is a "Not for Resale" or "Evaluation" product,
you may permanently transfer all of your rights under this
Agreement, provided that: (i) you transfer all of the Software
Product (including all component parts, the media and printed
materials, any upgrades, and this Agreement); (ii) you retain
no copies of the Software Product in any format; and (iii)
the recipient agrees in
writing to be bound by the terms of this Agreement. If the
Software Product is an upgrade, any transfer must include all
prior versions of the Software Product.
c) Export.
Any export of the Software Product or its technical data from
Canada or the United States may be restricted by U.S. and Canadian
export control laws, and accordingly you agree that you are
solely responsible for compliance with such laws before engaging
in any such export.
d) Limitations
on Modifications or Reverse Engineering. You may not alter,
modify, disassemble, decompile, or reverse-engineer,
or create derivative works of the Software Product.
e) No
Separation of Components. The Software Product is licensed
as a single product, and neither the software programs comprising
the Software Product or any update or upgrade may be separated
for use by more than one user at a time.
f) Termination.
Without prejudice to any of its other rights, Paradigm may
terminate your Limited License and this Agreement if you fail
to comply with the terms and conditions of this Agreement.
In such event, you must destroy all copies of the Software
Product and certify in writing to Paradigm that you have done
so.
4. LIMITED
WARRANTY
a) Paradigm
warrants the physical disk(s) and physical documentation to
be free of defects in materials and workmanship for a period
of 60 days from the purchase date. If Paradigm receives notification
within this warranty period of any such defects and such notification
is determined to be correct, Paradigm will replace the disk(s)
or documentation.
b) Paradigm's
entire liability for any breach of this warranty is limited
to replacement of defective disk(s) or documentation, and does
not include or extend to claims for any other damages.
c) PARADIGM
SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS
AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATION, CONDITION OR
WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE. PARADIGM
DOES NOT REPRESENT OR WARRANT THAT (i) THE SOFTWARE PRODUCT
WILL MEET YOUR REQUIREMENTS; (ii) THE OPERATION OF THE SOFTWARE
PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED, OR (iii) THAT
ALL PROGRAMMING ERRORS CAN BE CORRECTED. You
are responsible for taking precautionary measures to prevent
the loss or destruction of your data and databases such as,
for example, making regular backups and verifying the results
obtained from using the Software Product, and Paradigm shall
have no obligations or liability whatsoever with respect to
any such loss or destruction.
5. LIMITATION
OF LIABILITY
IN NO EVENT SHALL PARADIGM BE
LIABLE FOR COSTS OF SUBSTITUTE PRODUCTS, LOSS OF PROFITS, EXPECTED
SAVINGS, DATA OR USE OF THE SOFTWARE PRODUCT, OR SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR OTHER SIMILAR CLAIMS,
HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, EVEN IF PARADIGM
HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PARADIGM’S LIABILITY FOR ANY DAMAGES TO YOU
OR ANY OTHER PERSON EVER EXCEED $5, REGARDLESS OF THE FORM
OF CLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED
REMEDY. ALL THIRD PARTY SUPPLIERS TO PARADIGM OF ANY PORTION
OF THE SOFTWARE PRODUCT MAKE NO WARRANTY AND SHALL HAVE NO
LIABILITY TO YOU.
6. RUNTIME
SOFTWARE
The software files listed in
the software file RUNTIME.HLP, provided on your software disk(s),
individually, collectively or in any combination, constitute
Runtime Software. Unless this is a "Not for Resale" or "Evaluation" product,
Paradigm grants you a Limited Runtime License to reproduce
and distribute exact copies of the Runtime Software, and to
modify, reproduce and distribute the sample applications made
from the original disks in this package (or a set of backup
copies made directly from them), provided all of the following
conditions are satisfied:
a) you
may distribute such copies solely for the purpose of executing
specific-purpose application programs written using an authorized
copy of Software Product;
b) you
remain solely responsible for support, service, upgrades, and
technical or other assistance, required or requested by anyone
receiving such copies;
c) you
may not use the name, logo, or trade-marks of Paradigm or the
Software Product without prior written permission from Paradigm;
d) you
may not alter, modify, disassemble, decompile, or reverse-engineer,
or create derivative works of the Runtime Software;
e) Paradigm
makes no warranty with respect to the Runtime Software other
than the limited warranty provided to you in section 4 of in
this Agreement ; and
f) you
will indemnify, defend and hold Paradigm harmless against any
claims, losses, damages or liabilities arising out of the use,
reproduction or distribution of the Runtime Software, and the
use by the recipients or copies made thereunder.
You may not include the Runtime
Software or sample applications in any general-purpose report
writing and/or database querying product, or any other product
that is generally competitive with Paradigm product offerings.
If you wish to distribute copies of the Runtime Software or
sample applications on other terms, you must obtain prior written
permission from Paradigm. "Not
for Resale" and "Evaluation" products do not
include a Limited Runtime License, and you may not, therefore,
distribute Runtime Software or sample applications.
The Software Product contains
software components from Paradigm suppliers. This Agreement
does not grant you any right or license to distribute software
components from these suppliers, including but not limited
to, Microsoft Corporation's "JET Files", unless you
have proper authorization from the appropriate supplier.
7. GOVERNING
LAW
This
Agreement is governed by the laws of in force in the
Province of Ontario, Canada, without regard to its conflicts
of law principles, and each party irrevocably attorns to
the exclusive jurisdiction of the courts of the Province
or Ontario.
8. MISCELLANEOUS
This
document constitutes the entire agreement of the parties regarding
the subject matter herein. To
the extent that any provision of this Agreement is deemed to
be invalid, illegal or unenforceable, such provision shall
be severed and deleted or limited so as to give effect to the
intent of the parties, and each remaining provision shall remain
in full force and effect. Sections 2, 3, 4(c), 5, 7 and 8 shall survive the termination
of this Agreement for any reason. All
rights not expressly granted to you are retained by Paradigm.
9. ACCEPTANCE
BY
INSTALLING AND USING THE SOFTWARE PRODUCT, YOU AFFIRM THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS
AND CONDITIONS. IF
YOU DO NOT AGREE, DO NOT CLICK “I AGREE” OR OTHERWISE INSTALL,
COPY OR USE THE SOFTWARE PRODUCT. IF
YOU DO NOT AGREE, PLEASE RETURN THE SOFTWARE PRODUCT PRIOR
TO USE AND IN SALEABLE CONDITION FOR A FULL REFUND.
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