Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. Reservation of Ownership and Grant of License. The software accompanying this License, whether on disk, on compact disc, in read only memory, printed form, or any other media, the related documentation and other materials (collectively, the “MacLoggerDX Software”) are licensed, not sold, to you by Dog Park Software Ltd. and Don Agro (“Dog Park Software Ltd.”). Dog Park Software Ltd. and its third party licensor(s) retain exclusive rights, title, and ownership of the copy of the MacLoggerDX Software and, hereby, grants to Licensee a personal, nonexclusive, nontransferable license to use the MacLoggerDX Software based on the terms and conditions of this agreement. The MacLoggerDX Software in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this license.
2. Permitted Uses and Restrictions. This License allows you to use the number of copies of the MacLoggerDX Software for which license fees have been paid on the computer system(s) and/or specific computer network(s) for the Licensee’s own internal use. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the MacLoggerDX Software in whole or part or transmit the Software over a network or from one computer to another. Your rights under this License will terminate automatically without notice from Dog Park Software Ltd. if you fail to comply with any term(s) of this License.
3. Term. The license granted by this Agreement shall commence upon Licensee’s receipt of the MacLoggerDX Software and shall continue upon such time that 1) Licensee elects to discontinue use of the MacLoggerDX Software and terminates this Agreement or 2) Dog Park Software Ltd. terminates for Licensee’s material breech of this Agreement. Upon termination of this Agreement in either instance, Licensee shall return to Dog Park Software Ltd. the MacLoggerDX Software and any whole or partial copies, codes, modifications, and merged portions in any form. The parties hereby agree that all provisions, which operate to protect the rights of Dog Park Software Ltd., shall remain in force should breach occur.
4. Limitation of Liability: Dog Park Software Ltd.'s entire liability and Licensee's exclusive remedy shall be the return of the license fee paid for the MacLoggerDX Software. Dog Park Software Ltd. shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of the MacLoggerDX Software, even if Dog Park Software Ltd. is advised of the possibility of such damage.
5. Controlling Law and Severability: This License shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, as applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
6. No Waiver: No delay or failure to take action under these terms and conditions will constitute a waiver by Dog Park Software Ltd. unless expressly waived in writing by a duly authorized officer of Dog Park Software Ltd..
7. Entire Agreement: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto and is effective, valid, and binding upon the parties.
Liability Disclaimer
Please be very careful in using this product since IN NO EVENT SHALL SOFTWARE AUTHOR BE LIABLE TO USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE AND LOSS OF PROFITS, OR LOSS OF LIFE OR PROPERTY, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The maximum liability accepted will be the refund of the purchase price of this software. Your use of MacLoggerDX signifies your agreement with these conditions. If you do not agree to these conditions or if these limitations to liability are illegal in your jurisdiction, you must not use the software and must return it for a full refund.
Document updated 2002/10/14. Dog Park Software Ltd. <http://www.dogparksoftware.com>