End User License Agreement
OVERVIEW
Welcome to EarthOne Inc. ("Vendor"). This End User License Agreement ("Agreement") governs your use of the EarthOne software ("Software"). By installing or using the Software, you (the "Licensee") agree to be bound by the terms of this Agreement.
SECTION 1 - License Grant
The Vendor grants the Licensee a non-exclusive, non-transferable license to use the Software. This License allows the Software to be loaded onto no more than nine computers.
SECTION 2 - Software Definition
"Software" includes the executable computer programs, any related printed, electronic, and online documentation, and any other files that may accompany the product.
SECTION 3 - Intellectual Property
Title, copyright, intellectual property rights, and distribution rights of the Software remain with the Vendor. This Agreement is a license for use only and is not a transfer of ownership rights to the Software.
SECTION 4 - Usage Rights
The rights and obligations of this Agreement are granted only to the Licensee.
The Licensee may not transfer, assign, or make the Software available for use by third parties.
The Software may not be modified, reverse-engineered, or de-compiled.
SECTION 5 - License Violation
Failure to comply with any terms under the License will constitute a material breach of this Agreement.
SECTION 6 - License Fee
The original purchase price paid by the Licensee constitutes the entire license fee and is the full consideration for this Agreement.
SECTION 7 - Limitation of Liability
The Software is provided "as is".
The Vendor's liability is limited to the original purchase price of the Software.
The Vendor is not liable for any consequential damages arising from the use or inability to use the Software.
SECTION 8 - No Warranties
The Vendor makes no warranties regarding the fitness of the Software for a particular purpose or that the Software will be suitable for the Licensee's needs.
SECTION 9 - Industry Acceptance
The Licensee accepts that software in general may have bugs and is accepted with defects within industry-accepted levels.
SECTION 10 - Vendor's Authority
The Vendor warrants that it is the copyright holder of the Software and that granting this license does not violate any other agreement.
SECTION 11 - Acceptance of Terms
The terms of this Agreement are deemed accepted by the Licensee upon opening the sealed software package.
SECTION 12 - User Support
The Licensee is entitled to indefinite email support, available 24/7, at no additional cost.
Maintenance upgrades and bug fixes are provided for an indefinite period from the date of Acceptance, at no additional cost.
SECTION 13 - Term
The term of this Agreement begins on Acceptance and is perpetual.
SECTION 14 - Termination
This Agreement is terminated if the Licensee breaches any terms.
Upon termination, the Licensee must destroy or return all copies of the Software to the Vendor.
SECTION 15 - Force Majeure
The Vendor is not liable for failure to fulfill its obligations due to uncontrollable events such as natural disasters or wars.
SECTION 16 - Commercial Usage
The Software & Hardware products are not recommended for commercial use. The Vendor assumes no liability for damages in commercial or non-commercial settings.
SECTION 17 - Governing Law
This Agreement is governed by the laws of the Province of Ontario, Canada.
The courts of Ontario will have exclusive jurisdiction over any disputes arising from this Agreement.
SECTION 18 - Miscellaneous
Only written modifications signed by both parties are valid.
This Agreement does not create a partnership or agency relationship between the Vendor and the Licensee.
Headings are for convenience only and should not affect the interpretation of this Agreement.
SECTION 19 - Entire Agreement
This document constitutes the entire agreement between the parties, superseding all prior agreements or representations.
SECTION 20 - Notices
Notices to the Vendor must be sent to the provided address in Toronto, Ontario, Canada.
