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TETRANET SOFTWARE END-USER LICENSE AGREEMENT FOR LINKBOT(tm)
This license agreement is proof of license. Please treat it as valuable property.
IMPORTANT - READ CAREFULLY: This Tetranet End-User License Agreement ("Agreement") is a legal agreement between you and Tetranet Software Incorporated for the Tetranet software product identified above, together with any upgrades which may be acquired by you for the identified product from time to time, and which may include associated software components, media, printed materials, and "online" or electronic documentation (all of the foregoing collectively referred to as the "Product"). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Product.
1. GRANT OF LICENSE. Tetranet Software Incorporated ("Tetranet") grants you ("Recipient") a non-exclusive, non-sublicensable, non-transferable license to use a single copy of the Product in a binary executable form on a single computer at a secure site owned or leased by the Recipient. All other rights are reserved to Tetranet. Tetranet shall retain title and all ownership rights to the Product.
2. USE RESTRICTIONS. Recipient agrees that the Product is based on and includes trade secrets and proprietary know-how belonging to Tetranet and is being made available to Recipient in confidence and solely on the basis of a confidential relationship with Tetranet. Recipient shall not (i) reverse engineer, decompile or disassemble any portion of the Product's binary code, (ii) create derivative works based on the Product (including the Product's screen displays), (iii) make any portion of the Product available to a third party, (iv) rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any portion thereof to a third party, or (v) use the Product for a purpose other than that for which it is intended (as evidenced by the documentation). Recipient further agrees to treat the Product with at least the same degree of care as that with which it treats its own confidential or proprietary information.
3. TERM OF AGREEMENT. The Product contains code that will disable it after a period of 14 days unless Recipient purchases an extended license for the continued use of the Product. This Agreement shall apply for 14 days after activation of the Product by Recipient. In the event that Recipient purchases an extended license for the Product, this Agreement shall apply as long as use of the Product is in accordance with the terms hereof. Upon the expiration or termination of this Agreement for any reason whatsoever, Recipient shall cease use of the Product and shall promptly delete and/or destroy all full or partial copies of the Product.
4. COPYRIGHT. The Product (including any images, applets, animations, and text incorporated into the Product) is owned by Tetranet and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold. All title, including but not limited to copyrights, in and to the Product and any copies thereof are owned by Tetranet. You must treat the Product and any printed materials that may accompany the Product like any other copyrighted material. You may not copy the Product or any printed material that may accompany the Product. Tetranet reserves all rights not expressly granted.
5. SOFTWARE MEDIA. Notwithstanding that Recipient may receive the Product in more than one medium, Recipient may not use the other medium or media on another computer or loan, rent, lease, or transfer the Product or any medium containing the Product to a third party.
6. DISCLAIMER OF WARRANTY. The Product is deemed accepted by Recipient, and is provided "as is" without any warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TETRANET FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TETRANET OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF TETRANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. CUSTOMER REMEDIES. Tetranet's entire liability is to provide Recipient with a replacement of the Product.
8. GOVERNING LAW. This Agreement is governed by the laws of the Province of Ontario, Canada.
