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InformaPlus Solutions and Consulting, Inc.
eDev to Excel License Agreement

BY CLICKING THE ACCEPTANCE BUTTON FOR THE SOFTWARE ("EDEVTOEXCEL"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE." IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST NOT PURCHASE, INSTALL OR USE THE PRODUCT.

1. License Agreement. As used in this Agreement, "IPSC" shall mean InformaPlus Solutions and Consulting, Inc. IPSC grants Licensee a non-exclusive license to reproduce and use for personal or business purposes the source code version of the Product. This license does not entitle Licensee to receive from IPSC hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: a signed agreement, a license agreement available for review on the IPSC website, an electronic agreement provided with the Product.

2. Restrictions. Without IPSC’s prior written consent, Licensee may not resell or redistribute the product alone as is or modified by licensee in the goal to derive revenue or for free without joining it to some other Application Solution (non strictly tool or utility based as eDev to excel is itself) product legally owned by the licensee to which it is adding value. However, once a legitimately owned Application Solution of the licensee is enhanced by the product, the licensee is granted the right to redistribute, resell or transfer the resultant aggregate for any business or personal reasons at any conditions stipulated then by the licensee without any obligation to IPSC.

3. Fees. All fees for the product must be paid in advance of recieving the source code for the product.

4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product shall remain in IPSC and/or its suppliers. The Product is protected by copyright and other intellectual property laws and by international treaties.

5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED WITH THE SOURCE CODE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IPSC OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may be amended only by a writing signed by both parties. This Agreement shall be governed by the laws of the Province of Quebec, Canada. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Quebec and you expressly consent to the exercise of personal jurisdiction in the courts of Quebec in connection with any such dispute including any claim involving IPSC. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, and other provisions of this Agreement shall remain in full force and effect. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith

9. Language Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattache, soient rédigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.")

 

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