AJSYSTEMS.COM INC.
OE DUPLICATE REMOVER - END USER LICENSE AGREEMENT
Perpetual license, one-year support and maintenance
REDISTRIBUTION NOT PERMITTED
Software License Agreement for "OE DUPLICATE REMOVER"
IMPORTANT- PLEASE READ CAREFULLY
USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR OE DUPLICATE
REMOVER ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN
YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON
BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND
AJSYSTEMS.COM INC. FOR THE OE DUPLICATE REMOVER SOFTWARE
("SOFTWARE"). THIS LICENSE AGREEMENT FOR OE DUPLICATE REMOVER
SUPERSEDES PREVIOUS VERSIONS. BY CLICKING ON THE "ACCEPT"
BUTTON BELOW, INSTALLING THE SOFTWARE (AS DEFINED BELOW),
COPYING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS OF THIS END USER LICENSE
AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON
THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE
USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the following terms,
AJSYSTEMS.COM INC. ("AJSYSTEMS.COM") hereby grants you a
non-exclusive, perpetual, non-transferable license to
install and to use the "OE DUPLICATE REMOVER" software
("Software"). You may: (i) install and use the Software
for your internal use on the number of computers for which
you have paid license fees; and (ii) copy the Software for
back-up or archival purposes.
2. LICENSE RESTRICTIONS: You may not: (i) reverse engineer,
decompile, or disassemble the Software; (ii) modify, or
create derivative works based upon, the Software in whole
or in part; (iii) distribute copies of the Software; (iv)
remove any proprietary notices or labels on the Software;
or (v) resell, lease, rent, transfer, sublicense, or
otherwise transfer rights to the Software. Any such
forbidden use shall immediately terminate your license to
the software.
3. TITLE: You agree that no title to the intellectual property
in the Software is transferred to you. Title, ownership,
rights, and intellectual property rights in and to the
Software shall remain in AJSYSTEMS.COM INC. The Software is
protected by copyright and patent laws of the Canada and
international treaties.
5. UPDATES: From time to time, AJSYSTEMS.COM INC may make
updates to the Software generally available. You may
download and install these software updates released by
AJSYSTEMS.COM INC within one year of date of purchase and
for any extended term agreed to by you and AJSYSTEMS.COM
INC. You must complete the product registration form
during software installation to be eligible for and to be
notified of software updates. AJSYSTEMS.COM INC will
notify you when updates are available through the update
feature in the Software. All updates to the Software shall
be governed by this Agreement, unless other license terms
are provided with the update.
5. TECHNICAL SUPPORT: Technical support for the software, as
made available by AJSYSTEMS.COM INC, is described online
at http://www.ajsystems.com/support.html. Technical
support via email is made available to registered, licensed
users for up to one year from the date of purchase, and
for any extended term agreed to by you and AJSYSTEMS.COM
INC. You must complete the product registration form
during software installation to be eligible for support.
6. DISCLAIMER OF WARRANTY: The Software is provided to you at
minimal charge. ACCORDINGLY, YOU AGREE THAT AJSYSTEMS.COM
INC HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO
YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
AJSYSTEMS.COM DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. AJSYSTEMS.COM INC SHALL
NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER,
RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY
CAUSE UNDER OR RELATED TO THIS AGREEMENT.
7. LIMITATION OF LIABILITY: You must assume the entire risk of
using the program. IN NO EVENT SHALL AJSYSTEMS.COM BE
LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE
OF THE AJSYSTEMS.COM SOFTWARE, EVEN IF AJSYSTEMS.COM INC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL AJSYSTEMS.COM INC'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED,
HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO
CHARGE YOU AGREE AJSYSTEMS.COM INC SHALL NOT BE LIABLE TO
YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS
OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
8. TERMINATION: This Agreement shall terminate automatically
if you fail to comply with the limitations described in
this Agreement. No notice shall be required from
AJSYSTEMS.COM INC. to effect such termination. You may also
terminate this License Agreement at any time by notifying
AJSYSTEMS.COM INC in writing of termination. Upon any
termination of this License Agreement, you must uninstall
and destroy all copies of the Software.
9. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this
Agreement.
Export.
You agree that you will not export or re-export the
Software outside of the jurisdiction in which you obtained
it without the appropriate government licenses.
Governing Law.
This Agreement will be governed by the laws of the Province
of Ontario, Canada as they are applied to agreements
between Ontario residents entered into and to be performed
entirely within Ontario. The United Nations Convention on
Contracts for the International Sale of Goods is
specifically disclaimed.
Entire Agreement.
You agree that this is the entire agreement between you and
AJSYSTEMS.COM INC, and that it supersedes any prior
agreement, whether written or oral, and all other
communications between AJSYSTEMS.COM INC and you relating
to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are
reserved by AJSYSTEMS.COM INC.
Copyright (c) 2005-2006 AJSYSTEMS.COM INC.
167 Tweedsdale Cr., Oakville, Ontaio,
Canada L6L 4P6
All rights reserved.