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Terms and Conditions of Use
Click here to view and accept the terms and conditions of use
SURF APPLICATION LICENSE ACCEO Solutions (Remplacer par le nouveau nom de compagnie ?) GENERAL 1) The term “Supplier” includes ACCEO Solutions representatives and technicians. 2) The term “User” includes the User’s associates, employees and representatives. 3) Applications produced by the Supplier and purchased by the User at the rates agreed by the parties when signing the user agreement, are referred to as the “Software” herein. 4) The expression “Computing Equipment” used herein also includes all the hardware required for the proper functioning of the software. 5) At all times, the software trademark remains the exclusive property of the Supplier. 6) This license gives the user an unlimited right to use the software. 7) RIGHTS AND OBLIGATIONS OF THE USER a) The User is personally and at all times the exclusive holder of the right to use the software; b) The User will provide computing equipment compatible with the proper functioning of the software; c) The User will use the software, as a single-user or in network, for the exclusive purpose of his office, which address is stated in the user agreement for the software; d) The User will notify the Supplier of any change of address of the office and the location of the computing equipment on which the software operates, within thirty (30) days of such change; e) The User will not, in whole or in part, make any copy, duplication or reproduction of the software by any means other than backup purposes; f) The User cannot market derivative products of the software (ex: producing and selling models, providing trainings) without prior authorization of the Supplier; g) The User will not create or reproduce by reverse engineering, modification or any other process, in whole or in part, the source program based on information obtained within this agreement or otherwise; h) The User will not sell, lease or alienate in any way whatsoever, in whole or in part, the software or any other right conferred herein; i) The User shall pay $50 000.00 as liquidated damages to the Supplier, in the event of a breach or contravention of clauses 7 f), 7 g) or 7 h) of this license; j) In the event of a breach or contravention of clauses 7 f), 7 g) or 7 h), the User waives the right to use the software and all other rights conferred hereby and recognizes the right of the Supplier to terminate this agreement on notice. In that case, the User will destroy the software, documents and materials installed and/or delivered by the Supplier hereof, without prejudice to any other right or remedy; k) The User who fails to pay transaction fees or registration fees, if any, related to the software or, in the case of an installment payment agreement, who fails to make a single payment in time, therefore, gives the Supplier the right to terminate the agreement without further notice or formality and without limiting other rights and remedies of the Supplier under the legislation or hereunder. 8) EXEMPTION CLAUSES a) The User acknowledges that it is impossible to damage a hard drive already being used or any other computing equipment by implementing virus free certified software or by transferring data; b) The User is solely responsible for his database or his models and must always make a backup copy, especially before any intervention of the Supplier; c) The User exempts the Supplier from his liability, claim and remedy for direct and indirect losses and damages resulting from the use of the software or its functioning; d) The User exempts the Supplier from his liability, claim and remedy for breaking computing equipment except in case of gross negligence of the Supplier; e) The User exempts the Supplier from his liability, claim and remedy for direct and indirect losses and damages including the interruption of due service, such as acts of God (rain, floods, earthquakes, lightning, etc.), human acts (wars, riots, strikes, lock-outs, etc..), and other circumstances beyond the Supplier’s control; f) The User exempts the Supplier from his liability, claim and remedy for any service cost except in case of computing equipment breaking due to the gross negligence of the Supplier. 9) CONFIDENTIALITY If for any consideration related to the software, and with the consent of the User, the Supplier has access to data and documents produced by the User as part of his duties, the Supplier agrees to keep these data and documents confidential. 10) OTHERS a) The nullity or invalidity of one of the clauses hereof will not affect the validity of other clauses or this whole agreement; b) The singular includes the plural, the masculine gender includes the feminine gender and vice versa; c) This agreement is governed by legislation and courts of the Province of Quebec; d) In the case of an association, the signatory(ies) of the purchase contract state(s) that he (they) is (are) the duly authorized representative(s) of the User and is (are) personally and severally with other associates obliged to comply with this agreement; e) The User acknowledges having read this agreement, received all its relevant explanations, understood its scope and accepted the terms and conditions.
I have read and accept the terms and conditions of use