End User License Agreement (EULA)
FormuSense End User License Agreement This Agreement is made between ProSensus, Inc. (“Licensor”) an Ontario corporation located 4325 Harvester Road, Unit 12, Burlington, Ontario, Canada, L7L 5M4 and you, a business or a person that will be using the Software (“You”), where “Software” means the machine readable object code format of the software FormuSense and any related documentation Licensor may provide at its sole discretion. By installing and using the Software, You agree to the following:
License. You have purchased a fully paid-up, non-transferrable, non-exclusive license to install and run the Software based on one of the following license terms agreed upon by You and the Licensor.
Restrictions. You shall NOT copy, bundle, distribute, transmit, publish, make, sell, transfer, loan, rent, lease, assign, s hare, sub-license or make available to another party, the Software or any copy, in any way, in whole or in part. You shall NOT link the Software to, or provide access to the Software, including without limitation over the Internet, or act as a host of the Software. You shall NOT remove any proprietary notices or labels on the Software. You shall NOT modify the Software or merge all or part of the Software with another program. You shall NOT reverse engineer, disassemble, decompile or translate the Software or create a derivative work based on the Software.
Ownership. The Software is protected by Canadian, United States, and international copyright and intellectual property laws. All rights to the Software are owned by Licensor. Licensor retains all rights not expressly licensed.
Disclaimer. The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. Licensor does not provide any warranty that the operation of the software will be uninterrupted, error or virus free. The software is not designed for and Licensor does not warrant the software for use in high risk activities requiring fail-safe performance. You assume all responsibility for the selection of the software to achieve your intended results.
Limitation of Liability. In no event shall the Licensor be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, or in connection with the software, including but not limited to: (a) loss of use or lack of availability of facilities including computer resources, third party software and stored data; (b) any indirect damages; (c) any lost profits; (d) any special, incidental, punitive, exemplary, aggravated, economic or consequential damages, even if Licensor have been advised of the possibility of such damages or claim.
Termination. This Agreement shall terminate immediately if You fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, You shall promptly stop using the Software and destroy all copies in any form. Sections 2, 3, and 5 shall survive the termination of this Agreement.
Governing Law. This Agreement is governed by the laws of the Province of Ontario and the laws of Canada, applicable herein.
The Software is provided with no phone-in or other technical support, unless otherwise agreed upon by the Licensor and You. Accordingly, ProSensus does not warrant that Software will meet Your requirements or that its use will be uninterrupted or error free. Notwithstanding the foregoing, You acknowledge that if problems are encountered with the Software, You will notify ProSensus. However, ProSensus makes no warranty that reported errors will be fixed.