Following is a copy of the End User License Agreement included with our Custom Developed Software.
This End User License Agreement (“EULA”) is a CONTRACT between you (either an individual or a single entity) and Novel Solutions, which covers your use of the Novel Solutions software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by Novel Solutions or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
(a) Software Product License
The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a single computer system. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.
(b) Grant of License
Subject to a validly issued Software Product License, Novel Solutions grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by Novel Solutions.
(c) Backup Copy: Software Product
You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License
You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
The Software Product is protected by Canadian and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Novel Solutions. Novel Solutions reserves all intellectual property rights, including copyrights, and trademark rights.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Novel Solutions’ written approval and subject to written agreement by the recipient of the terms of this EULA.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Novel Solutions may provide you with support services related to the Software Product. Use of any such support services is governed by the Novel Solutions polices and programs described in "online" documentation and/or other Novel Solutions provided materials. Any supplemental software code or related materials that Novel Solutions provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to Novel Solutions as part of the support services, Novel Solutions may use such information for its business purposes without restriction, including for product support and development. Novel Solutions will not use such technical information in a form that personally identifies you.
Novel Solutions may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND NOVEL SOLUTIONS (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVEL SOLUTIONS (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL RISK ARISING FROM THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL NOVEL SOLUTIONS (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NOVEL SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NOVEL SOLUTIONS’ (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A NOVEL SOLUTIONS SUPPORT SERVICES AGREEMENT, NOVEL SOLUTIONS’ ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
This EULA is governed by the laws of the Province of Ontario, Canada, excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and Novel Solutions.
If you have any questions about this EULA, or if you want to contact Novel Solutions for any reason, please direct all correspondence to inquiries@novel-solutions.ca.