End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM.

NOTE: This software program is not for use in the medical field.

This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Comet Technologies Canada Inc. (the "Company"), its subsidiaries, licensors, and/or its suppliers.

All use of the Program is governed by the terms of the End User License Agreement which is provided below (the "License").

The Program is solely for use by end users according to the terms of the License.

Any use, reproduction, or redistribution of the Program not in accordance with the terms of the License is expressly prohibited.

END USER LICENSE AGREEMENT

  1. Limited Use License.

The Company hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer. You may not network the Program or otherwise install it or use it on more than one computer at a time, unless explicitly provided permission to do so by the Company.

The Program is licensed not sold. Your license confers no title or ownership in the Program.

  1. Ownership.

All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, objects, concepts, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by the Company or its licensors.

The Program is protected by the Canadian copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved. The Program may contain certain licensed materials and the Company's licensors may act to protect their rights in the event of any violation of this Agreement.

  1. Responsibilities of End User.
  2. Subject to the Grant of License herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of the Company.
  3. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
  4. You are entitled to use the Program for your own use, but you are not entitled to:

(i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the Company’s prior written consent;

(ii) publish and/or distribute the computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases, or other content of the Program (including without limitation, for resale printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website);

use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or services;

(iii) reproduce or copy any portion or source code of the Program for commercial use. Downloading and installing the Program to be activated by the purchase license is excluded by this statement.

  1. Program Transfer.

It is strictly forbidden to transfer your rights under this License.

  1. Termination.

This License is effective until terminated. You may terminate the License at any time by destroying the Program and any New Material. The Company may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Material.

  1. Limited Warranty.

THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM, EDITOR, AND MANUAL(S). THE PROGRAM, EDITOR AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The entire risk arising out of use or performance of the Program, and Manual(s) remains with you, however the Company warrants that the media containing the Program shall be free from defects in material and workmanship under normal use and services and the Program will perform substantially in accordance with the accompanying written materials, for a period of ninety (90) days from the date of your purchase of the Program

In the event that the media proves to be defective during that time period, and upon presentation to the Company of proof of purchase of the defective Program, the Company will at its option 1) correct any defect, 2) provide you with a product of equal value, or 3) refund your money. Some states or jurisdictions do not allow limitation on duration of an implied warranty, so the above limitation may not apply to you.

  1. Limitation of Liability.

NEITHER THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM OR EDITOR

INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

Some countries do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts, so above limitations or exclusion may not apply to you.

  1. Equitable Remedies.

You hereby agree that the Company would be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.

  1. Miscellaneous.

The License shall be deemed to have been made and executed in Canada, and any dispute arising hereunder shall be resolved in accordance with the Canadian law. This License may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License shall remain in full force and effect. 

You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License contained herein. You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between the Company and you and that the License supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Company and you including any inconsistent written license agreement or on-line help accompanying the Program.