CONNECTU PROGRAM LICENSE AGREEMENT
This is an agreement between 10027847 Canada Inc. (“10027847”) and the Licensee (“Customer”) (either an individual or an entity) of the ConnectU Assessment Software (CUSA) & Smart Goals Program (CU-SMART) Tool Software and Applications (the “Software”);
10027847 grants the Customer a license authorizing the Customer to use the Software for a one (1) year period. This contract is renewable each year. By using the Software, the Customer agrees to be bound by the terms of this agreement. Although cancellation by the Customer is allowed, no creditor refund will be issued regardless of the date of cancellation.
The Customer, for the purpose of this License Agreement, is a single corporation, partnership or proprietorship. The Customer may use the Software on any number of computers but is intended for the sole use of the Customer;
This license agreement entitles the Customer to access the Software portal on which the Customer may create user profiles and save data and files. Upon the expiry of the License, the Customer will have Sixty (60) days to remove the files saved on the Software Portal and will be notified accordingly;
Periodically 10027847 may send electronic commercial messages or transmit update or upgrade programs for the Software. In accordance with the Canadian anti-spam legislation, the Customer agrees to receive these electronic commercial messages and to install these updates or upgrade programs. Moreover, all updates to the Software shall become part of the Software and shall be governed by the terms of the License Agreement;
SUBSCRIPTIONS AND FEES
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All intellectual rights in the Software (including but not limited to those related to: audio, images, maps, music, photographs, videos, text incorporated into the Software) are owned by 1002847 and are protected by Canadian copyright laws and international treaty provisions.
10027847 retains all rights not expressly granted. The Customer must agree never to challenge, directly or indirectly the ownership or validity of 10027847’s copyright. The Customer must treat the Software like any other copyrighted material.
The Software is licensed to the Customer only, and may not be sublicensed, transferred, rented, leased, sold or otherwise disposed of to a third party without 10027847’s prior written consent.
The Customer may not reverse engineer, decompile or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
The Customer may not distribute printed copies of any user documentation provided in electronic or printed format.
The Customer agrees that all results prepared or obtained by the Customer using the Software (the “Results”) are prepared solely by the Customer and that the accuracy of the Results is the sole responsibility of the Customer. The Customer acknowledges that 10027847 may not be relied upon for services or advice based on the Results obtained, the Customer being solely responsible for same.
10027847 is not engaged in rendering educational or mental health professional services. If such professional assistance is required, the services of a competent professional should be sought. The Customer assumes all responsibilities and obligations with respect to any decisions made or advice given as a result of the use of the Software or any applications of the information provided through the use of the Software.
10027847 warrants the functionality of the Software in accordance with the Software documentation, under normal use, including reporting and user view accuracy.
10027847’s entire liability and the Customer’s exclusive remedy as to any issues regarding the functionality of the Software under normal use shall be the return of the subscription fees paid hereunder.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND LIMITATION OF REMEDY
The Software is provided “as is” without warranty of any kind. 10027847 does not warrant, guarantee or make any representations regarding the use or the Results. The entire risk as to the Results and performance of the Software is assumed by the Customer. 10027847 assumes no responsibility for and disclaims all warranties, oral or written, expressed or implied, including without limitation, warranty of merchantability and fitness for a particular purpose.
10027847’s entire liability and the Customer’s exclusive remedy for damages due to performance or non-performance of the Software or any other cause whatsoever and regardless of the form of the action, whether in contract or in responsibility, including negligence, shall be limited to return of the subscription fees paid hereunder. In no event does 10027847 assume any liability whatsoever to any party other than the Customer for the Customer’s use of the Software and the Customer agrees to indemnity 10027847 against any claims brought by such third parties.
10027847 is not an insurer with regard to performance of the Software. The terms of this Agreement, including but not limited to the license fee and the limitation of liability and remedy are a reflection of the risks assumed by the Customer in order to obtain the Software at the agreed fee. The Customer agrees to assume the risk for:
- All liabilities disclaimed by 10027847 contained and detailed herein and;
- All alleged damages in excess of the amount of the limited remedy provided and detailed herein, and;
- All Results
10027847 shall not be liable to the Customer or any third party for any direct, indirect, special consequential or accidental damages (including damages for loss of profits and business interruption, loss of information and the like) arising out the use or of the inability to use the Software, even if 10027847 has been advised of the possibility of such damages;
This Agreement supersedes any prior agreement between 10027847 and the Customer regarding the Software or documentation;
The Customer acknowledges having read this Agreement, understands and agrees to be bound by the terms and conditions stated herein. The Customer further agrees that it is a complete statement of the agreement between the parties and supersedes any proposal or prior agreement written or any regarding the subject matter detailed herein;
If you have any questions concerning the Services or this Agreement, please contact us via mailto:email@example.com
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