ATTENTION: READ CAREFULLY: By using, or copying the accompanying software you indicate your acceptance of the following Beta Innovations Software End User License Agreement ("Agreement").
1. LICENSE. Beta Innovations ("Beta Innovations") hereby grants you (each licensee is addressed as "you") a non-exclusive license to use its software product and accompanying documentation (the program's object code and documentation are collectively referred to as the "Software") on the following terms and only for non-commercial purposes (see Section 2 below). You may:
a. use the Software on any computer in your possession;
b. make copies of the Software;
2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions:
a. The Software is to be used only for non-commercial purposes unless you obtain Beta Innovations's prior written consent. Prohibited commercial purposes include, but are not limited to:
(i) Selling, licensing or renting the Software to third parties for a fee (by payment of money or otherwise, whether direct or indirect);
(ii) Using the Software to provide services or products to others for which you are compensated in any manner (by payment of money or otherwise, whether direct or indirect), including, without limitation, providing support or maintenance for the Software;
(iii) Using the Software to develop a similar application on any platform for commercial distribution; or
(iv) Using the Software in any manner that is generally competitive with a Beta Innovations product as defined by Beta Innovations.
b. You may not modify, combine other commercial applications with, or otherwise prepare derivative works of the Software.
c. Beta Innovations, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law.
3. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Beta Innovations. The Software is protected by the copyright laws of the Canada and international copyright treaties.
4. NO Beta Innovations OBLIGATION. Beta Innovations shall have no liability, obligation or responsibility thereof. Beta Innovations shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any authorized distributee of the Software.
5. NO WARRANTY. THERE IS NO WARRANTY FOR THE
SOFTWARE. Beta Innovations PROVIDES THE SOFTWARE "AS IS," AND Beta
Innovations, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE
BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE,
DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE
OF THE SOFTWARE IS WITH YOU. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Beta Innovations) ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. Beta Innovations MAKES NO WARRANTY
OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Beta Innovations, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF Beta Innovations HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
7. INDEMNIFICATION. You shall defend, indemnify and hold harmless Beta Innovations, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software.
8. TERMINATION. The license granted hereunder is effective until terminated by Beta Innovations. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.
9. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of CANADA relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
10. CANADIAN GOVERNMENT USE. The Software and any
accompanying documentation are deemed to be "commercial computer
software" and "commercial computer software documentation," Any
use, modification, reproduction, release, performing, displaying or disclosing
of the Software and accompanying documentation by the Canadian Government shall
be governed solely by the terms of this Agreement and shall be prohibited except
to the extent expressly permitted by the terms of this Agreement.
Contractor/manufacturer is Beta Innovations, info@betainnovations.com.
11. MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. It may not be amended. If any provision of this
Agreement is held to be unenforceable for any reason, this Agreement shall
terminate. This Agreement shall be governed by and construed under Quebec law
as such law applies to agreements between Quebec residents entered into and to
be performed within Quebec, except as governed by Canadian federal law. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Address all correspondence regarding this
license to:
Beta Innovations
info@betainnovations.com
Copyright and Trademark Notices:
The Software is Copyright (c) Beta Innovations. 2003-2006. All rights reserved. The documentation and all computer files are also Copyright (c) Beta Innovations 2003-2006. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. All other trademarks are the property of their respective owners.