The following is the End User License Agreement that must be agreed during the installation of the product on the first window that opens when the application is launched. The “Product Name” and “Version number” are replaced by the proper values for each product.
Copyright Application Name: “Product Name”
Version “Version number”
End-User Software License Agreement
This Software License Agreement (“License”) is a legal agreement between you (either an individual or an entity), the end-user (the “Licensee”), and Calor Software (the “Licensor”). It contains limitations on warranties and liability. BY INSTALLING OR USING THIS SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE.
1. DEMONSTRATION SOFTWARE FOR EVALUATION. If you have a demonstration copy of the Software, you may install and use the Software for a limited time. The Demonstration software provides limited functionality. A License Document is required from the Licensor to access all of the functionality for an unlimited time.
2. GRANT OF LICENSE. This non-exclusive, non-transferable License permits you to use the software product, the License Document and accompanying documentation (collectively the “Software”) on THE COMPUTER WITH THE MEDIA ACCESS CONTROLLER (MAC) ADDRESS PROVIDED BY YOU WHEN THE SOFTWARE WAS PURCHASED. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, DVD or other storage device) of that computer.
3. COPYRIGHT. The Software contains proprietary, copyrighted matter owned by the Licensor and is protected by Canadian copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You must reproduce and include all copyright notices and other proprietary legends contained in the Software on any copy.
4. DISCLAIMER. This Software provides you with general information only and does not give you advice on how to invest your money. The calculations about the likelihood of various outcomes are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. The output of this Software may vary with each use and over time. The Software does not consider specific assets held by you and does not therefore attempt to predict the future value of any specific assets. This Software is provided with the understanding that the Licensor is not engaged in rendering legal, financial, accounting, tax or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.
5. OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software. You may not reverse engineer, decompile, or disassemble the Software, any associated files or data. Title to the Software and all subsequent copies of the Software regardless of the form or media in or on which the original and other copies may subsequently exist, is retained by the Licensor. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any term of this License.
6. LIMITED WARRANTY. The Licensor warrants that for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the Software will perform substantially the functions described in any accompanying documentation when operated in the computing environment specified by the Licensor. Some provinces or states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
7. LIMITATION OF REMEDIES. The Licensor’s entire liability and your exclusive remedy for breach of any express or implied warranty shall be, at the Licensor’s option, either (a) replacement of the Software that does not conform to the Licensor’s Limited Warranty and which is returned to the Licensor with a copy of your receipt prior to expiration of the applicable warranty period, or (b) a refund of your purchase price for the Software upon return of the Software and accompanying documentation with a copy of your receipt prior to expiration of the applicable warranty period and certification that you have erased all other copies of the Software in your control or possession. This Limited Warranty does not apply to any defects in the magnetic media or failure in performance of the Software caused in whole or in part by: any defect in any portion of any hardware, equipment, operating system or operating environment on which the Software is used, or any failure of same to operate in accordance with applicable manufacturer’s specifications; use of the Software in conjunction with any software, program, hardware, firmware, peripheral or communication device other than as specified in the documentation for the Software; or any accidental abuse or misapplication of the media or Software.
NEITHER THE LICENSOR NOR ITS SUPPLIERS WILL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR LOSS OF THE USE OF THE SOFTWARE, DUE TO ANY CAUSE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (WHETHER BASED IN CONTRACT, TORT OR OTHER THEORIES) WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, THE LICENSOR MAKES NO ADDITIONAL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED, AND THE LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED IN SOME PROVINCES, STATES OR JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY BY PROVINCE, STATE OR JURISDICTION.
This License is governed by the laws of the Province of Ontario as applied to contracts entered into and performed within Ontario, except for that body of law dealing with conflict of laws and except as to copyrights, which are governed by Canadian laws and international treaties. Any waiver or amendment of any provision of this License shall be effective only if in a written document signed by you and an officer of the Licensor. No distributor, dealer, or employee (other than an officer) of the Licensor is authorized to change or amend any term of this License. In the event of any conflict between the terms of this License and the terms of any license bound into any manual package with the Software, this License shall govern.