Legal Notice from PVX Plus Technologies Ltd.
IMPORTANT- READ THE AGREEMENT CAREFULLY!: This Software License Agreement is a legal agreement between you or the company you represent (You) and PVX Plus Technologies, Ltd. (PVX Plus). The Software License Agreement governs Your installation and other use of the accompanying copy of the PVX Plus Software Products (the Licensed Copy) and any licensed reproduction thereof (the Licensed Copy and any licensed reproduction thereof being collectively referred to as the Licensed Software.
PVX PLUS SOFTWARE PRODUCTS ARE NOT SOLD; RATHER, COPIES OF THE PRODUCTS ARE LICENSED THROUGH A NETWORK OF AUTHORIZED RESELLERS TO THE END USER. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH PVX PLUS, THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT BELOW APPLY TO YOU AS THE END-USER.
YOU ARE AUTHORIZED TO USE THE LICENSED SOFTWARE ONLY AS DESCRIBED IN, AND ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF, THIS AGREEMENT. YOU INDICATE YOUR ACCEPTANCE BY DOING ONE OR MORE OF THE FOLLOWING OR ALLOWING OR AUTHORIZING A THIRD PARTY TO DO IT FOR YOU: (1) BY CLICKING "I AGREE," "YES," "I ACCEPT" OR A SIMILAR AFFIRMATION, AS APPLICABLE, THAT APPEARS AT THE BOTTOM OF THIS SCREEN OR DIALOG BOX, (2) BY COMPLETING INSTALLATION OF THE LICENSED COPY, OR (3) BY USING ANY COPY OF THE LICENSED SOFTWARE. IF YOU CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL THE LICENSED COPY.
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PVX Plus Technologies Ltd. - Software License Agreement
Based on your acceptance of these terms and conditions and your payment of the applicable license fees, this license grants you, the End User, a non-exclusive, non-transferable license to use the licensed components of the PVX Plus Software Products on:
Your licensed system, the cap on concurrent users, the license term, and your licensed components depend on the type of license you have purchased from your local authorized reseller. If you wish to use the PVX Plus Software Products on additional computer systems or on additional servers, or increase the number of concurrent users, you must obtain a new license from your local authorized reseller for each such additional computer system, server system or concurrent user.
You may install, activate and use your Licensed Copy of your selected licenced components of the PVX Plus Software Products only in accordance with the licenses you have purchased and the terms and conditions of this Software License Agreement. Regardless of the type of computer system or software environment used, at no time may the number of concurrent users of the software exceed the number of copies of the Licensed Software paid for by You.
USES NOT PERMITTED
You may not electronically transfer any component or copy of the PVX Plus Software Products in whole or in part. You may not make any copies of the PVX Plus Software Products binary object code or the PVX Plus Software Products documentation except for archival copies as mandated by local law. You may not assign or grant sublicenses, leases, or other rights or obligations to the software or the documentation to others, nor may you make copies of the PVX Plus Software Products or documentation to be distributed to others. You may not reverse engineer, disassemble, reverse translate, or in any way derive from it any source code versions of the PVX Plus Software Products or documentation (in whole or in part).
COPYRIGHTS, TRADEMARK NOTICES, AND LOGOS
The PVX Plus Software Products, documentation, logos, product names and other support materials, if any, are either patented, copyrighted, trademarked, or otherwise proprietary to PVX Plus or its suppliers. You agree never to remove or revise any intellectual property notices and/or product identifiers found on the PVX Plus Software Products or documentation.
This Software License Agreement is effective until terminated. You may terminate this Software License Agreement by destroying the PVX Plus Software Products and documentation and all copies thereof. This Software License Agreement will also terminate if you fail to comply with any term or condition herein or fail to pay the applicable license fees. You agree upon such termination to destroy all copies of the PVX Plus Software Products and documentation, and to certify to PVX Plus Technologies Ltd. that they have been destroyed. Upon any such termination, there will be no refund of any moneys or other consideration paid by you.
THE PVX PLUS SOFTWARE PRODUCTS AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PVX PLUS SOFTWARE PRODUCTS AND DOCUMENTATION IS WITH YOU. SHOULD THE PVX PLUS SOFTWARE PRODUCTS AND DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT PVX PLUS TECHNOLOGIES LTD. NOR ANY OF ITS AUTHORIZED SUPPLIERS, OR RESELLERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
PVX Plus does not warrant that the functions contained in the PVX Plus Software Products will meet your requirements or that the operation of the software product will be uninterrupted or error free.
LIMITATION OF REMEDIES
IN NO EVENT WILL PVX PLUS OR ITS SUPPLIERS, OR RESELLERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY COMPONENT OR FUNCTION OF THE PVX PLUS SOFTWARE PRODUCTS AND/OR DOCUMENTATION EVEN IF PVX PLUS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, PVX PLUS AND ITS SUPPLIERS, OR RESELLERS SHALL NOT BE LIABLE FOR ANY CLAIM BY YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY COMPONENT OR FUNCTION OF THE PVX PLUS SOFTWARE PRODUCTS AND/OR DOCUMENTATION WHETHER BASED UPON STRICT LIABILITY, NEGLIGENCE, CONTRACT, OR ANY OTHER LEGAL THEORY.
PVX Plus may, at its sole discretion, advise you of, and license your use of PRODUCT UPDATES and NEW RELEASES of the PVX Plus Software Products at the current prices for such PRODUCT UPDATES and NEW RELEASES. ALL PRODUCT UPDATES and NEW RELEASES, which are provided to you, shall be governed by the terms and conditions of this Software License Agreement or, at the option of PVX Plus, the then applicable licence terms and conditions.
You as end-user hereby grant PVX Plus the right to record and track user registration information. This information will include information such as the user name, location of the installation (IP address), machine name and machine characteristics. This information will be used for the purposes of license administration, validation and security. You also agree that PVX Plus Technologies has the right to audit your use of the software to confirm that your use is within the scope of your license rights.
This Software License Agreement shall be governed by the laws of the Province of Ontario, Canada, and shall inure to the benefit of PVX Plus Technologies Ltd., its successors, administrators and assigns. If any legal action is brought by either party regarding the subject matter of this Software License Agreement, the prevailing party shall be entitled to recover, in addition to any relief, reasonable legal fees, court costs and related out-of-pocket expenses.
In the event that one or more of the provisions contained in this Software License Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statue or rule of law, then such provision shall be considered inoperable to the extent of such invalidity, illegality or unenforceability and the remainder of this Software License Agreement shall continue in full force and effect. The parties hereto agree to replace any such invalid, illegal or unenforceable provision with a new provision which has the most nearly similar permissible economic or other effect.
BY INSTALLING AND ACTIVATING ANY COMPONENT OF THE PVX PLUS SOFTWARE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS SOFTWARE LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS SOFTWARE LICENSE AGREEMENT.
PVX Plus and its suppliers, or resellers assume no responsibility or liability for any damages however caused by the PVX Plus Software Products or any other software developed using the software. It is the responsibility of the developer of any software to ensure that such software does not compromise the safety and security of the machine(s) on which it runs. Further, it is the responsibility of the user of any software to ensure the trustworthiness of any software before installing and/or running and/or accessing that software.