END-USER SOFTWARE LICENSE AGREEMENT
THIS IS AN IMPORTANT LEGAL AGREEMENT. PLEASE READ IT CAREFULLY.
This End-User License Agreement (the "Agreement") is a legal agreement between you and Ground Zero
Tech-Works ("Ground Zero") for Ground Zero's AyaNova software, including all previous versions
thereof and all replacements, supplements, upgrades and updates thereto provided to you by Ground
Zero (the "Software") and all associated documentation (the "Documentation").
If you are installing or using the Software at work or under contract, then you are contracting on behalf
of the corporation or organization for which you are working. You must ensure you have the legal
authority and ability to do so.
IF YOU CLICK "YES", YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR
ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM.
If you do not agree to the terms of this Agreement, you may not use the Software.
1. Licenses. Subject to the terms and conditions below, Ground Zero hereby grants to you a
non-transferable and non-exclusive right to use the Software, solely in object-code format, on any
number of computers at any one time. Ground Zero also grants to you a non-transferable and
non-exclusive right to copy the Documentation, as long as such copies are not republished or
distributed to any third-party. (Collectively, these licenses are called the "Licenses".)
2. Restrictions on Use. You agree that you will not do any of the following without prior written
authorization by Ground Zero: (a) lease, export or grant a sublicense with respect to the Software or
Documentation to any other party; (b) reverse engineer, decompile or disassemble the Software;
(c) use the Software or Documentation except as authorized herein; (d) permit third-parties to use the
Software or Documentation in any way that would constitute a breach of this Agreement; (e) rent,
lease, or lend the Software or Documentation; or (f) incorporate the Software or Documentation in
whole or in part into any other software or documentation.
3. Evaluation Version. The Software is available in either an "evaluation" version or a "registered"
version. All copies of the Software downloaded from Ground Zero's web-site begin as evaluation
versions. If Ground Zero has not given you a license key and permission to use the registered version,
you may only use the evaluation version. You may use the evaluation version for an unlimited time without charge, but the functionality of the Software will be significantly limited. You may not modify the Software or any part of the Software to gain access to additional features or functionality. You may register the Software by paying the fee and agreeing to the terms and conditions set-out on Ground Zero's website at www.ayanova.com.
4. Databases. The Software stores all user data in a single database file called scdata.sc
(the "Database"). If Ground Zero has given you a license key and permission to use the registered
version of the Software, you may only use that license key in association with one Database. A
separate, unique license key is required for each Database you create, maintain or access using
the registered version of the Software. You may also purchase a replacement license key from
Ground Zero to further increase the functionality of the Software; however, once you have installed
the replacement license key you may no longer use the original license key, and you may still only
use the replacement license key in association with only one Database. You may copy the Databases
to any storage medium other than a computer, but only for backup purposes.
5. Ownership and Copyright. Ground Zero is the sole owner of all right, property and title in
and to the Software, the Documentation, and the copyright, logos, trade-marks, trade names, trade
secrets, confidential information, patents, inventions, images, text, video, audio, and designs therein.
6. Service. Ground Zero may provide technical support and service to you upon your request based on your subscription(s). The price and other terms and conditions of Ground Zero's services are set-out on Ground Zero's website at www.ayanova.com, and may be changed at any time by Ground Zero.
7. Termination. Without prejudice to any of Ground Zero 's other rights in this Agreement or
at law or equity, this Agreement will immediately terminate if you fail to comply with any of these terms
and conditions. Upon termination, you must destroy all copies of the Software and Documentation.
The provisions in sections 7, 8, 9 and 10 of this Agreement will survive the termination of this Agreement.
8. Disclaimer of Conditions and Warranties. To the maximum extent permitted by applicable law,
GROUND ZERO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, CORRESPONDENCE TO DESCRIPTION, MERCHANTABLE QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE. GROUND ZERO DOES NOT WARRANT THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE ERROR-FREE, THAT IT WILL
PERFORM OR APPEAR EXACTLY AS DESCRIBED IN THE DOCUMENTATION, OR THAT ITS OPERATION
WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL GROUND ZERO BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, INFORMATION OR PRIVACY, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR FAILURE TO MEET ANY DUTIES INCLUDING THOSE OF GOOD FAITH AND OF REASONABLE
ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GROUND ZERO, AND EVEN IF
GROUND ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability. If, despite the limitations in this Agreement, Ground Zero becomes
liable to you or to any third party, in no event will Ground Zero be liable for any monetary amount that,
in the aggregate, is greater than the total amounts paid or due Ground Zero pursuant to this Agreement.
11. Governing Law. This Agreement and the relationship between the parties will be interpreted
according to the laws in force in British Columbia, Canada. The courts of British Columbia will have
jurisdiction over all claims, disputes, and actions related to this Agreement, and the parties attorn to the
jurisdiction of those courts.
12. Enurement. This Agreement will bind and enure to the parties hereto and their respective
lawful successors and permitted assigns.
13. Entire Agreement. This Agreement forms the entire agreement between you and Ground
Zero and there are no agreements collateral to this Agreement. This Agreement supercedes all prior
written, oral and other agreements between you and Ground Zero with respect to the Software and
Documentation and any parts or components thereof. No term or provision of this Agreement may be
changed, waived or terminated except by a further written or electronic agreement between you and
Ground Zero.
14. Assignment. Ground Zero may transfer or license any of its rights under this Agreement.
You may not license any of your rights under this Agreement, but you may transfer the Software and
Documentation to another user if you transfer all of your rights under this Agreement to that new user,
cease using the Software and Documentation, erase and destroy all any copies you have of the
Software or Documentation, and ensure the new user agrees to the terms and conditions of this
Agreement.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions will not in any way be affected or
impaired.
16. Further Assurances. You will execute and deliver to Ground Zero any additional documents
and take any additional steps that may be required to give full effect to the intent expressed in this
Agreement.
17. Notice. All notices and other communication to Ground Zero must be made in writing and
delivered to Suite #310 1434 Island Hwy. Campbell River, BC V9W 8C9
I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE TERMS AND CONDITIONS AND ACKNOWLEDGE
THAT THESE TERMS AND CONDITIONS FORM PART OF THIS AGREEMENT. I AGREE THAT A PRINT-OUT
OF THIS AGREEMENT WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAWS.
IF I AM INSTALLING OR USING THIS SOFTWARE AT WORK OR UNDER CONTRACT, I AM ENTERING THIS
AGREEMENT ON BEHALF OF THE CORPORATION OR ORGANIZATION FOR WHICH I AM WORKING, AND
I HAVE THE LEGAL AUTHORITY AND ABILITY TO DO SO.
I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE TO BE LEGALLY
BOUND BY THEM.