COMMERCIAL LICENSE AGREEMENT
PLEASE READ THIS LICENSE AGREEMENT. AUDITSME, IS AVAILABLE FOR INSTALLATION FROM THIS FILE SET. IF YOU CHOOSE TO INSTALL THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THE INSTALLATION AND/OR RETURN THE COMPLETE PACKAGE TO AUDITSME., OR ITS RESELLER FROM WHERE THE PACKAGE WAS OBTAINED, FOR A FULL REFUND, IF APPLICABLE.
THIS DOWNLOAD, DVD, CDROM OR OTHER SUPPLIED MEDIA/DISTRIBUTION IS PROVIDED WITHOUT TECHNICAL SUPPORT.
This Agreement has 4 parts. At least two parts will apply to you. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to binary license grants to the Software within the categories of Part I or Part II. Part IV applies to source code license grants to the Software within said primary categories. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact auditSME. On the Internet at http://auditsme.com or call (607) 3617316.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID TO AUDITSME
auditSME. grants you a non-exclusive license to use the Software in binary form free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period is limited to 30 days. If you are using the Software free of charge for evaluation purposes you are not entitled to support or telephone assistance.
auditSME. grants you a non-exclusive license to use the Software in binary form free of charge if you utilize the basic single computer edition. This limits the use to one computer with one Quasar client, no point-of-sale clients, no network or remote access.
DISCLAIMER OF WARRANTY FOR EVALUATION
Software obtained free of charge, whether in source and binary forms, are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchant ability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is born by you.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, auditSME. grants to you a non-exclusive license to use the Software in binary and source form and accompanying online documentation ("Documentation") in the manner described in Parts III and IV belowunder "Scope of Grant."
LIMITED WARRANTY FOR COMMERCIAL USE.
auditSME. warrants that for a period of ninety (30) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. auditSME. does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by auditSME. software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. auditSME. also warrants that the media containing the Software, if provided by auditSME., is free from defects in material and workmanship and will so remain for ninety (30) days from the date you acquired the Software. auditSME's sole liability for any breach of this warranty shall be, in auditSME's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are demonstrated to be impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) auditSME. advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform auditSME. in writing of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will auditSME. be obligated to honor this warranty. auditSME. will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
PART III -- TERMS APPLICABLE TO BINARY LICENSE GRANTS
SCOPE OF GRANT FOR AUDITSME
For the binary license grants listed above, you may:
♦ use the Software on any single computer
♦ use the Software on a network provided that you have purchased additional auditSME Client licenses for each concurrent remote computer it is being used on
♦ copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices and icense terms or
You may not:
♦ permit concurrent use of the Software without proper licenses
♦ copy the Software other than as specified above
♦ rent, lease, grant a security interest in, or otherwise transfer rights to the Software or
♦ remove any proprietary notices, licenses or labels on the Software
PART IV -- TERMS APPLICABLE TO SOURCE CODE GRANT
GRANT.
auditSME. grants you a non-exclusive license to use the Software in source code form provided a license is obtained from auditSME. before any products or derivative works are shipped for commercial gain that utilize the Software, its components or derivative works.
For the source code license grant, you may:
♦ use the Software on any single computer
♦ use the Software on a network, provided that each person accessing the Software through the network agrees to the terms and conditions of this license
♦ use the Software on as many computers as needed provided that each person accessing the Software agrees to the terms and conditions of this license
♦ copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices, marks and license terms
♦ modify, translate, compile, disassemble, or create derivative works based on the Software provided any modification, translation, compilation, disassembly or derivative work used for commercial gain requires a separate license from auditSME. as per the terms of the BINARY LICENSE GRANTS in PART III or this Agreement
You may not:
♦ permit other individuals to use the Software except under the terms listed above
♦ copy the Software other than as specified above
♦ rent, lease, grant a security interest in, or otherwise transfer rights to the Software or
♦ remove any proprietary notices, licenses or labels on the Software
TITLE.
Title, ownership rights, and intellectual property rights in the Software and all derivative works whether in binary and source forms shall remain in auditSME. and/or its suppliers unless otherwise specified in a separate agreement with auditSME.. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may also be protected by applicable law. This License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be exported or re-exported into (or to a national or resident of) any country to which Canada has embargoed goods. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AUDITSME. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL AUDITSME. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AUDITSME. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF auditSME. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LINUX CANADA INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL AUDITSME. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AUDITSME. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF auditSME. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.