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Royalty Free License Agreement

 
 

RFLA-20130010

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE OBACS SOFTWARE. BY USING THE OBACS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT USE THE OBACS SOFTWARE.

1. General

This is a legal agreement between you, your company, your employer and/or your client and OBACS Corporation. You hereby agree and acknowledge that this License Agreement covers all your use of OBACS Software, whether it is from this installation or from any other terminals where OBACS Software has been installed, by you or by third parties. Furthermore, by installing and continuing to use the OBACS Software you agree to be bound by the terms of this License Agreement and any new versions hereof. This License Agreement will be governed by and construed in accordance with the Province of Alberta, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not govern this License Agreement in any way. If for any reason any provision or portion of this License Agreement is found to be unenforceable by a legal entity, the remainder of this License Agreement shall continue in full force and effect. OBACS reserves all rights including but not limited to, copyrights, trademarks and patents, as well as knowhow and trade secrets contained in or relating to the OBACS Corporation, the OBACS Website, the documentation or the promotional materials. OBACS does NOT waive any rights not mentioned in this License Agreement.

Definitions

Binary Libraries

Binary libraries refer to the dynamic link libraries, .NET assemblies and support files which provide the intended function of the OBACS Software. You may use Binary Libraries internally. If you develop software products which make use of the Binary Libraries, this License Agreement grants you to redistribute the Binary Libraries with your software products provided that such products, neither directly nor indirectly expose OBACS Software programming interfaces to their users.

Sample Source Code Files

Sample source code files refer to the source code files which provide examples about how to use the OBACS Software. Sample Source Code Files are solely intended for demonstration purposes and may be provided to you with the purchased software, OBACS website or in any other form of communication including but not limited to emails, phone conversations and technical articles.  

Documentation

Documentation refers to any type of material, including hard and soft copy, which provides information regarding the use of the OBACS software and the OBACS Corporation. You may use the documentation material for internal use only. You may NOT copy or redistribute documentation material.

Intellectual Properties

Intellectual Properties refer to, including but not limited to, copyrights, trademarks and patents, as well as knowhow and trade secrets contained in or relating to the OBACS, the OBACS Website, the documentation or the promotional materials.

2. Permitted License Uses and Restrictions

Subject to the terms and conditions of this License Agreement, you are granted a non-exclusive, non-transferable royalty-free license to install and use one copy of the OBACS Software on a single computer. You may not make OBACS Software available over a network where it could be run by multiple computers at the same time. Any updates to OBACS Software are subject to same terms and conditions of this License Agreement.

3. Confidential Information

You agree to take all reasonable steps at all times to protect and keep strictly confidential any information regarding OBACS Corporation and its intellectual properties.

4. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE OBACS SOFTWARE AND ANY SERVICES PERFORMED BY OR THROUGH THE OBACS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. THE OBACS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OBACS AND OBACS’ LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OBACS SOFTWARE AND SERVICES, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OBACS SOFTWARE AND SERVICES ARE NEITHER INTENDED NOR TESTED FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED OR OBTAINED BY, THE OBACS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

5. Limited Liability

OBACS SOFTWARE IS DEVELOPED WITH THE BEST INTENTION IN MIND. HOWEVER, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL OBACS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OBACS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE OBACS SOFTWARE, HOWEVER CAUSED, AND EVEN IF OBACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT, OBACS’ TOTAL LIABILITY TO YOU OR YOUR CLIENTS FOR ALL DAMAGES SHALL EXCEED THE AMOUNT OF TEN CANADIAN DOLLARS(10.00 CAD).

6. Export Control

You may not use, export or re-export OBACS Software in violation of applicable Canadian and International export laws.

7. Restrictions

YOU MAY NOT, IN ANY CASE, REVERSE-ENGINEER ANY OF THE MATERIALS PROVIDED TO YOU AS PART OF THIS LICENSE AGREEMENT.

8. Third Party Acknowledgements

Portions of the OBACS Software may utilize or include third party software and other copyrighted material. If applicable, acknowledgements, licensing terms and disclaimers for such material will be contained in the electronic documentation for the OBACS Software, and your use of such material is governed by their respective terms. OBACS software may utilize or include software code licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL). If applicable, you may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, without charge except for the cost of media, shipping, and handling, upon written request to OBACS.

9. Termination of License

This License Agreement is effective until it is terminated. If you fail to comply with any provision of this License Agreement, this agreement will terminate automatically without notice from OBACS Corporation. Upon termination of this License Agreement, you agree to immediately destroy all copies and cease any internal or third party use of OBACS Software you obtained as part of this License Agreement.

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