PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
License of Use
Permission is granted to download the software provided on this web site for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or alter the original software that we provide to you;
- use the materials for any commercial purpose, or for any public display (commercial, kiosk or non-commercial);
- attempt to decompile or reverse engineer any software contained on this web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
Termination of License
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Legal Disclaimer of Warranties
WE PROVIDE ALL CONTENT “AS IS”, “WITH ALL FAULTS”, AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND ITS SOFTWARE PRODUCTS IS WITH YOU. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our web site or otherwise relating to such materials or on any sites linked to this site.
Limitations of Use
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials or products on our site, even if notified of the possibility of such damage.
Revisions, Errors and Ommissions
The materials appearing on our web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on are accurate, complete, or current. We reserve the right to make changes to the materials contained at any time without notice.
Outside Linking Disclaimer
We are not responsible for the contents of any site that we may link to that is not within our ownership or control. The inclusion of any link does not imply endorsement by our site or company. Use of any such linked web site is at the user’s own risk.
Any claim relating to our web site shall be governed by the laws of the province of Ontario (Canada) without regard to its conflict of law provisions.
Age of Use
If you are under 18, you must have your parent or guardian’s permission before you use our site or download. In an effort to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13.
Third Party Download Management
Your download and software installation may be managed by a third party installer. The installer will ask for your consent to: (i) download the files necessary to install your software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your operating system and other software installed on your computer. Upon running our installer, you will be presented with a welcome screen, it allows you to choose to install the software or cancel out of the process. We may show you one or more partner software offers. You are not required to accept a software offer to receive your download. You may opt to skip or decline any offer at any time by clicking the skip or decline button. Third party products may make changes to your computer including settings, search settings, icons, browser preferences, may include advertisements within the application or more. These changes will only be made if you agree to the terms and service and privacy policies of the third party software, provided to you on runtime.
Third Party Waiver of Liability
You represent and warrants that (a) you are the owner or an authorized user of the computer that any software will be installed on, (b) you will use the software products only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. Persons under thirteen years of age may not use this site or download any of our products. You acknowledge that you bear sole responsibility for installing appropriate anti-virus software and other security measures on your computer.
Limitations of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE CONTENT ON OUR WEB SITE, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
Waiver of Claims and Indemnification
Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
If you have any questions regarding this Agreement or wish to obtain additional information, you may contact us.