Instantel License Agreement
This is a legal agreement between you (either an individual or an entity) and Instantel. By downloading this software you are agreeing to be bound by the terms of this agreement.
The software which accompanies this license agreement (the "Software") is warranted against defects in materials and workmanship and shall perform substantially in accordance with the accompanying written materials for a period of one year. Should a product fail within this period it shall be repaired or replaced free of charge. Instantel does not warrant that the operation of the Software will be uninterrupted or error free. Instantel does not represent that any product will prevent bodily injury or damage to property. This warranty is void if the product has been dismantled, altered or abused in any way.
EXCEPT FOR THE WARRANTIES SPECIFIED IN THIS AGREEMENT, THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABILITY OR FUNCTION OF THE SOFTWARE FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. USE OF THE SOFTWARE IS ENTIRELY AT YOUR SOLE RISK.
INSTANTEL WILL NOT BE LIABLE FOR: (A) HARM TO OR LOSS OF YOUR RECORDS OR DATA; (B) ANY CLAIMS AGAINST YOU BY THIRD PARTIES; OR (C) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE ON SAVINGS, EVEN IF INSTANTEL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM BUT NOT LIMITED TO BREACH OF CONTRACT INCLUDING FUNDAMENTAL BREACH, TORT INCLUDING NEGLIGENCE AND MISREPRESENTATION; AND BREACH OF STATUTORY DUTY. IN NO EVENT SHALL THE LIABILITY OF INSTANTEL EXCEED THE COST OF THE SOFTWARE.
This agreement allows you to use the Software on one computer and make one copy of the software solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human conceivable form.
This agreement gives you limited rights to use the Software. Although you own the disk on which the Software is recorded, you do not become the owner of, and Instantel retains title to, the Software, and all copies thereof. All rights not specifically granted in this agreement are specifically reserved by Instantel.
Instantel may terminate your license if you breach any term of this agreement and do not remedy the breach within 10 days written notice of the breach. Upon termination you will immediately delete the Software from the computer in which it is installed and return all copies of the Software to Instantel.
This agreement constitutes the entire agreement of the parties with respect to the subject matter and supercedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties. This agreement will be governed by the laws of the Province of Ontario excluding the law of conflicts and excluding the United Nations Convention of Contracts for the Sale of Goods.
You agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario which will have exclusive jurisdiction over matters in respect of this agreement.