InformaPlus Solutions and Consulting, Inc.
eDevWebH License Agreement
BY CLICKING THE ACCEPTANCE BUTTON FOR THE SOFTWARE ("EDEV CALENDAR "),
YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT
AS THE "LICENSEE." IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE,
YOU MUST NOT PURCHASE, INSTALL OR USE THE PRODUCT.
1. License Agreement. As used in this Agreement, "IPSC"
shall mean InformaPlus Solutions and Consulting, Inc. IPSC grants
Licensee a non-exclusive license to reproduce and use for personal
or business purposes the source code version of the Product.
This license does not entitle Licensee to receive from IPSC hard-copy
documentation, technical support, telephone assistance, or enhancements
or updates to the Product. If more than one license agreement was
provided for the Product, and the terms vary, the order of precedence
of those license agreements is as follows: a signed agreement, a
license agreement available for review on the IPSC website, an electronic
agreement provided with the Product.
2. Restrictions. Without IPSC’s prior written consent, Licensee
may not resell or redistribute the product alone as is or modified by licensee
in the goal to derive revenue or for free without joining it to some other Application Solution (non strictly tool or utility based as eDevWebH is itself) product
legally owned by the licensee to which it is adding value. However, once a
legitimately owned Application Solution of the licensee is enhanced by the product,
the licensee is granted the right to redistribute, resell or transfer the resultant
aggregate for any business or personal reasons at any conditions stipulated then
by the licensee without any obligation to IPSC.
3. Fees. All fees for the product must be paid in advance of recieving the source code
for the product.
4. Proprietary Rights. Title, ownership rights, and intellectual
property rights in the Product shall remain in IPSC and/or its suppliers.
The Product is protected by copyright and other intellectual property
laws and by international treaties.
5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED WITH THE SOURCE CODE
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS
FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL IPSC OR ITS AFFILIATES OR SUPPLIERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
7. Miscellaneous. This Agreement constitutes the entire agreement
between the parties concerning the subject matter hereof, and may
be amended only by a writing signed by both parties. This Agreement
shall be governed by the laws of the Province of Quebec, Canada.
All disputes relating to this Agreement are subject to the exclusive
jurisdiction of the courts of Quebec and you expressly consent to
the exercise of personal jurisdiction in the courts of Quebec in
connection with any such dispute including any claim involving IPSC.
If any provision in this Agreement should be held illegal or unenforceable
by a court of competent jurisdiction, such provision shall be modified
to the extent necessary to render it enforceable without losing
its intent, and other provisions of this Agreement shall remain
in full force and effect. If any dispute arises under this Agreement,
the prevailing party shall be reimbursed by the other party for
any and all legal fees and costs associated therewith
9. Language Les parties aux présentes confirment leur volonté
que cette convention de même que tous les documents y compris
tout avis qui s'y rattache, soient rédigés en langue
anglaise. (translation: "The parties confirm that this Agreement
and all related documentation is and will be in the English language.")
