Software
Licence Agreement
This licence agreement (the “License Agreement”) and limited warranty constitutes a part of the Agreement between ALRUX Inc. and the Client.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, the Provider grants you a non-exclusive, worldwide, limited right to use the Application in the manner provided below, for the term of the Agreement.
This Application is owned by the Provider and is protected by copyright law and international copyright treaties. This License Agreement and the Agreement of which this is part only give you a limited right to use the Application for the term of the Agreement, and do not constitute nor imply any transfer of ownership or other rights.
You may not, under any circumstances, transfer, rent, lease, lend, copy, modify, translate or sub-license the Application, media or documentation. You acknowledge that the Application in source code form remains a confidential trade secret of the Provider and therefore you agree not to modify the Application or attempt to reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
LIMITED LIFETIME WARRANTY
The Provider warrants that the Application, as updated and when properly used, will perform substantially in accordance with the specifications set forth in the Agreement.
The Provider's entire liability and your exclusive remedy shall be the repair or replacement of the Application elements that do not meet the said specifications. This Limited Lifetime Warranty is void if failure of the Application has resulted from abuse or misuse.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE APPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE PROVIDER DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE PROVIDER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF THE APPLICATION.
PROHIBITED USES
You shall use the Application only for lawful purposes. You shall not use the Application in any way that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, offensive or any similar behaviour. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Application for an unlawful purpose or in any of the aforementioned ways. If we believe that you have used the Application for an unlawful purpose or in any of the aforementioned ways, we may forward the relevant information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such information to these authorities.
GENERAL PROVISIONS
This License Agreement may only be modified in writing signed by you and an authorized officer of the Provider. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.
This License Agreement shall be construed, interpreted and governed by the laws of the Province of Ontario, Canada.
The Provider reserves all rights not specifically granted in this License Agreement.
