Faximum Software Inc. ("Faximum")
Software Licence Agreement
Before opening the software media package (if any) or installing the software, you ought to read carefully all of the terms and conditions of this Licence Agreement. Opening the media package or installing the software indicates your acceptance of the terms and conditions of this Licence Agreement. If you do not agree with any of the terms and conditions of this Licence Agreement, you must not install the software. If you have purchased the software then you must promptly return the software package to the location where you obtained same and your money will be refunded. If the location where you obtained the software package refuses to refund your money then you must contact Faximum for your refund.
The terms and conditions of this Agreement apply to the Faximum Software including any copy. The term "Faximum Software" means programs and related documentation supplied herewith.
1 GRANT OF LICENCE
1.1 Faximum hereby grants you a personal, non-transferable, and non-exclusive right to use the Faximum Software subject to the terms and conditions herein contained.
2 LIMITATIONS ON USE
2.1 You may only use the Faximum Software in a single computer system and the copy of the Faximum Software provided herewith may only be installed on one machine.
2.2 If you wish to install the Faximum Software on another machine, you must either remove the Faximum Software from the machine on which it has previously been installed or you must purchase an additional copy of Faximum Software for each additional machine.
2.3 You may make two (2) copies of the Faximum Software solely for your own archival back-up purposes. All such copies must be labelled with the same copyright notice and proprietary markings including diskette markings which appear on the original Faximum Software.
3 Non Permitted Uses
3.1 You may not electronically transfer the Faximum Software except as herein permitted.
3.2 You may not reverse engineer, disassemble, reverse translate, or in any way derive from the Faximum Software any source code form.
3.3 You may not tamper or otherwise attempt to change the serial number or other identifying information stored within the Faximum Software or divulge to others your Faximum Software activation key.
4 TERM
4.1 This Licence Agreement is effective until terminated.
4.2 You may terminate this Licence Agreement by destroying the Faximum Software and all copies thereof.
4.3 This Licence Agreement will terminate if you fail to comply with any term or condition of this Agreement.
4.4 Upon notification from Faximum that this Agreement has terminated, you will destroy all copies of the Faximum Software and you will certify to Faximum Software in writing that you have done so.
4.5 Upon termination, there will be no refund of any monies or other consideration paid by you.
5 LIMITED WARRANTY
5.1 YOU ACKNOWLEDGE AND AGREE THAT FAXIMUM SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE WAIVED BY YOU.
5.2 YOU ACKNOWLEDGE AND AGREE THAT FAXIMUM DOES NOT WARRANT THAT THE FUNCTIONS OF THE FAXIMUM SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
5.3 YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE THE FAXIMUM SOFTWARE.
5.4 THE WARRANTIES HEREIN CONTAINED EXTEND ONLY TO YOU AND SHALL NOT BE APPLICABLE TO ANY OTHER PERSON OR ENTITY.
6 LIMITATION OF REMEDIES
6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FAXIMUM, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE MANUFACTURE, SALE, OR SUPPLY OF THE FAXIMUM SOFTWARE OR ANY DEFECT OR FAILURE THEREOF REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY), SHALL BE REPLACEMENT OF THE FAXIMUM SOFTWARE, PROVIDED THAT THE FAXIMUM SOFTWARE IS RETURNED TO FAXIMUM WITH A COPY OF YOUR SALES RECEIPT.
6.2 NEITHER FAXIMUM NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OF CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED BY YOU OR ANY OTHER PERSON IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE FAXIMUM SOFTWARE.
6.3 NO SUPPLIER, REPRESENTATIVE, OR AGENT OF FAXIMUM IS ENTITLED TO OFFER TO YOU ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES WHICH ARE NOT EXPRESSLY CONTAINED IN THIS LICENCE AGREEMENT; THE LIABILITY OF FAXIMUM SHALL BE LIMITED AS STATED ABOVE NOTWITHSTANDING THAT FAXIMUM OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR POTENTIAL FOR DAMAGES.
7 MISCELLANEOUS
7.1 This Licence Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia (Canada).
7.2 You agree that any disputes with respect to the Faximum Software or this Licence Agreement shall be brought in the courts of the Province of British Columbia.
7.3 If any provision hereof shall be deemed by any court to be invalid, legality and enforceability of the remaining provisions hereof shall not be affected or impaired.
7.4 This Agreement enures to the benefit of and shall be binding upon you, your successors, heirs, and assigns and Faximum Software, its successor, and assigns.
7.5 All provisions of this Licence are also intended for the benefit of Faximum, and its suppliers who can enforce this Agreement without requiring your prior consent.
7.6 Some jurisdictions do not allow the exclusion of implied warranties; if so, only those limitations of warranty which are specifically prohibited by law notwithstanding contractual provisions to the contrary will not apply to you.
8 ACKNOWLEDGEMENT
8.1 BY OPENING THE SOFTWARE MEDIA PACKAGE OR BY INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN YOU AND FAXIMUM RELATING TO THE FAXIMUM SOFTWARE AND IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH FAXIMUM.