PLEASE READ CAREFULLY By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not install or use the Software.
1. The Software is supplied by Affordable Domains Canada and is licensed, not sold, under the terms of this EULA and Affordable Domains Canada reserves all rights not expressly granted to you. Affordable Domains Canada retains the ownership of the Software.
2. Software License: a. Affordable Domains Canada grants you a license to use one copy of the Software. You may not modify or disable any licensing or control features of the Software.b. This Software is licensed to operate on only one domain.c. The Software is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis, without the prior written consent of Affordable Domains Canada. (For the avoidance of doubt, this licence is only granted to one person/company and if more than one person/company wishes to use the Software, each company must purchase a separate license).
3. License Restrictions:
- By accepting this EULA you are agreeing not to reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.
- Modifying any portion of the Encoded Software source code or asking any individual or entity to modify the Software source code other than Affordable Domains Canada is a violation of copyright laws and international treaties and cause for license termination.
- If you upgrade the Software to a higher version of the Software, this EULA is terminated and your rights shall be limited to the EULA associated with the higher version.
4. Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by Affordable Domains Canada. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this EULA.
5. Termination Rights: a. Without prejudice to any other rights, Affordable Domains Canada may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and Affordable Domains Canada may suspend or deactivate your use of the Software with or without notice. b. Affordable Domains Canada may terminate this EULA if you become subject to an administration order; a receiver or administrative receiver or similar is appointed over, or an encumbrancer takes possession of, any of your property or assets; you enter into an arrangement or composition with your creditors, you cease or threaten to cease to carry on business, you become insolvent or bankrupt, or cease to be able to pay your debts as they fall due;c. Affordable Domains Canada may terminate this EULA if you fail to pay fees applied for this license to Affordable Domains Canada and Affordable Domains Canada files a final written notice on you and the outstanding sums due under this EULA still remain unpaid 5 days after the service of the notice.
6. Export Control: You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.
7. Affordable Domains Canada does not warrant that the operation of Affordable Domains Canada Software will be uninterrupted or error free. Affordable Domains Canada Software may contain third-party functions or may have been subject to incidental use.
8. LIMIT of Liability:
- Affordable Domains Canada is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by Affordable Domains Canada; unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
- Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. You must assume the entire risk of using the Software. IN NO EVENT WILL Affordable Domains Canada OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A Affordable Domains Canada REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
9. If the above clause 8 is deemed to be unenforceable by a court or other body of competent jurisdiction and Affordable Domains Canada is found to be liable to you for direct losses under this EULA, then Affordable Domains Canada’s liability shall be limited to the profit made by the sale of this product/service to you for any one event or a series of connected events.
10. Submissions: Should you decide to transmit to Affordable Domains Canada by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Affordable Domains Canada and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.
11. Distribution and Backups:
- DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED and is a violation of copyright laws and international treaties punishable by severe criminal and civil penalties.
- You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
12. Refunds Policy: Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that Affordable Domains Canada Software has a fault causing it to not run on your server. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from purchase date.
13. If any provision of this EULA shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this EULA and rendered ineffective as far as possible without modifying the remaining provisions of this EULA and shall not in any way affect any other circumstances of or the validity or enforcement of this EULA.
14. Affordable Domains Canada undertakes to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provision of the Software and related support services by Affordable Domains Canada to you.Your name, address and other personal information as well as any personal data you supply to Affordable Domains Canada in order for Affordable Domains Canada to provide the Software and related services related to you will be stored by Affordable Domains Canada on its computer system and may be made available to Affordable Domains Canada staff and related third parties as required to allow the provision of support and any related services to be completed. Any third party that receives personal data from Affordable Domains Canada is under an obligation to process such personal data in line with the Data Protection Act 1998.
15. Each party irrevocably agrees that the courts of the country of Canada shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this EULA and the place of performance of this EULA shall be Canada and that the laws of that country shall govern such controversy or claim.
Powered by WHMCompleteSolution