Aries Imaging PDF App

END-USER LICENSE AGREEMENT

IMPORTANT- READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (the end user- the “Licensee”) and Aries Imaging Inc (the “Licensor”), located at 83 Mills Street, unit 104, Halton Hills, L7G 5E9. By clicking “I agree”, the Licensor licenses the use of this Software to the Licensee. By installing, copying, or otherwise using all or any portion of this Software as a Service (SaaS), You agree to be bound by the terms of this EULA.

SOFTWARE PRODUCT LICENSE

Copyright – The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Grant of the License – Subject to the terms of this agreement, the Licensor grants the Licensee, a limited, non-exclusive, non-transferable, non sub-licensable and revocable license to install or use the Software for purchased period and solely for Licensee’s use. Any use or installation of more copies is prohibited by the Licensor.

“Software” is defined in the Agreement to include any firmware installed or leased on hardware, a licensed software as a service (SaaS) solution, or a licensed and installed software solutions.

Restrictions – The Licensee may not modify, create derivatives, reverse engineer or attempt to decipher the source code of the Software. The Licensee may not use this Software in any manner that is illegal or outside the framework of this Agreement. Licensee may not sell, assign, or transfer the Licensed Software or the License granted by this License Agreement.

INSTALLATION

Licensee may install the number of copies of the Licensed Software authorized by the Licensor. The Licensee must be the primary user of the computer on which the Licensed Software is installed. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.

SOFTWARE UPDATES

Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the term of this License agreement. For the purposes hereof, “Update” means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software.

INTELLECTUAL PROPERTY OWNERSHIP

The Licensed Software and any authorized copies that Licensee makes are the property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by and subject to any applicable law on a worldwide basis. Except as expressly provided in this License Agreement, Licensee is not granted any intellectual property rights whatsoever in the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.

SUPPORT

The Licensor is not obligated by this License Agreement to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as the Licensor may offer from time to time during the term of this License Agreement.

NO WARRANTY ON LICENSED SOFTWARE

SUBJECT TO ANY LAW OF PUBLIC ORDER, THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” THE LICENSOR, AND THE LICENSOR’S SUPPLIERS OR AFFILIATES, MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR’S AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. WITHOUT LIMITING THE GENERAL SCOPE OF THE FOREGOING, THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR’S AFFILIATES, UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, IF ANY.

INDEMNIFICATION

Licensee will indemnify and hold Licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees on a solicitor-client or extrajudicial basis) arising from or relating to Licensee’s use of the Licensed Software. Licensee’s obligations under this section shall survive the expiration or termination of this License Agreement.

END-USER GENERATED CONTENT

The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. As PDF software, the Licensed Software will permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek independent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.

Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

If Licensee or Licensee’s legal counsel determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s legal counsel determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor’s trademarks when referring to the Licensed Software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees on a solicitor-client or extrajudicial basis, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of any and all Content and its use of the Licensed Software.

SURVIVAL

All obligation set forth in this License Agreement shall survive the termination thereof, however caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this License Agreement.

GOVERNING LAW

This License Agreement is subject to, and will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada. The courts sitting in the Province of Ontario, including the Federal Courts of Canada shall have exclusive jurisdiction over disputes arising hereunder.

RESERVATION OF RIGHTS

The Licensor reserves all rights not expressly granted to Licensee by this License Agreement. The rights of use of the Licensed Software granted to Licensee are limited to the scope of Licensor’s intellectual property rights, and to the intellectual property rights of third parties licensed by the Licensor, and do not include the grant to Licensee of any intellectual property rights of any kind. This License is the entire agreement between Licensee and Licensor with respect to this subject matter and supersedes any and all prior oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties.

PRIVACY & PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy disclosure relating to the collection and use of your information.

COMPLETE AGREEMENT

This License Agreement constitutes the entire agreement between the Licensee and the Licensor relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating to the Licensed Software.

MODIFICATION

This License Agreement may only be modified or amended by a writing signed by an authorized officer of the Licensor.

SEVERABILITY

If any provision of this License Agreement is determined by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this License Agreement will remain in full force and effect.

WAIVER

No failure or delay by the Licensor in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of the Licensor shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.

PROOF OF COMPLIANCE

Within thirty (30) calendar days after request from the Licensor, or a Licensor authorized representative, Licensee will provide full documentation and certification, under penalty of perjury, that Licensee’s use of any and all Licensed Software complies with this License Agreement.

COMPANY CUSTOMER CONTACT: If You have any questions concerning these terms and conditions, or if You would like to contact Company for any other reason, please contact us at Aries Imaging Inc.: 83 Mill Street, unit 104, Georgetown, ON, L7G 5E9 – or via email to: support@ariesimaging.com