All Rights Reserved.
AGREEMENT. After reading this agreement carefully, if you ("the User") do not agree to all of the terms of this agreement, you may not use DistiStock ("Software"). Unless you have a different license agreement signed by Smart Data Works that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both the User and Smart Data Works.
This Software is owned by Smart Data Works and is protected by national copyright laws and international copyright treaties.
1. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred to another individual (not resold) if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software.
2. USE AND EVALUATION PERIOD. You may use one copy of this Software on one computer. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.).
Smart Data Works reserves the right, at Smart Data Works' discretion, to deactivate the Software for any User if Smart Data Works deems such User's actions to be inappropriate, illegal, unauthorized, or constitute attempted piracy.
3. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND SMART DATA WORKS DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION ON DAMAGES. NEITHER SMART DATA WORKS NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF SMART DATA WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL SMART DATA WORKS' LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
5. TERMINATION. This Agreement terminates on the date of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from the User to Smart Data Works; or (2) One party materially breaches any terms of this Agreement or any terms of any other agreement between the User and Smart Data Works, that are either uncorrectable or that the breaching party fails to correct within one (1) month after written notification by the other party.
6. GOVERNING LAW. The agreement shall be governed by the laws of the Province of Ontario. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a provincial or federal court of competent jurisdiction located in Toronto, Ontario, Canada. The parties hereby consent to the personal jurisdiction of such courts.
All Rights Reserved.
Smart Data Works
100 St. Clair Ave. West
Toronto, Ontario M4V 1N3
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