.title "NV2 End User Licence Agreement"
.id 314120050228112651
.tags "manual"
.body {
    [h1 "NewViews - NV"]
    [h1 "NV2 END USER LICENCE AGREEMENT"]
    [h2 "General"]
    [ol {
        [li {
            [ol {
                [li {
					[p {
                        You may download NV2 ([quote]Software[quote]) from the Q.W.
		                Page Associates Inc. ([quote]QWP[quote]) web site, in
                        order to evaluate it, and to explore it and its capabilities,
                        [bold "subject to the terms of this agreement"].
					}]
                }]
                [li {
					[p {
                        By downloading, installing, copying or otherwise using the Software,
                        you are confirming that you have read and understood this agreement,
                        and that you agree to be bound by, and to comply with, its terms.

						This includes consenting to the transmission of certain information during
                        installation and use of the software, as per the privacy statement described
                        in section 9.
					}]
                }]
                [li {
					[p {
                		[bold {
                            If you do not agree with the terms of this agreement, and to be
                            bound by, and to comply with, such terms, do not download,
                            install, copy or otherwise use the Software.
                        }]
					}]
                }]
                [li {
					[p {
                        Although complete and fully functional in all respects, the Software,
                        unless and until it is registered, is only licensed for evaluation
                        purposes and limited use, and no licence is sold, or any other licence
                        granted, without registration.
					}]
                }]
            }]
        }]
        [li {
			[p {
                If you wish to purchase a licence, and to continue to use the Software with
                any number of existing and future databases, you must register with QWP.
                Registration will release the Software you
                have downloaded from the limitations in respect of the number of
                operations that can be performed ([quote]Evaluation Limit[quote]).
            }]
        }]
        [li {
			[p {
                The continued use of unregistered Software will cause it to reach the
                Evaluation Limit, and the unregistered Software will then function in
                read only mode.
            }]
        }]
        [li {
			[p {
	            In order to purchase a licence, you must register with QWP
            }]
            [ol {
                [li {
					[p {
	                    the Software,
					}]
                }]
                [li {
					[p {
    	                each computer upon which the Registered Software is installed, and
					}]
                }]
                [li {
					[p {
	                    each computer from which the Registered Software can be accessed.
					}]
                }]
            }]
        }]
        [li {
            [p {
	            Registration with QWP grants you a licence to use the Registered Software
    	        subject to the terms of this agreement.
			}]
        }]
        [li {
            [p {
                QWP will provide to each licensed user of the Registered Software such
                fixes, patches, updates, upgrades, service packs, etc. as, in its sole
                and unfettered discretion, are appropriate and/or necessary to maintain
                the proper functioning of the Registered Software.
			}]
        }]
        [li {
			[p {
                QWP retains the unrestricted right to require the payment of such fees and
                other charges as it deems appropriate, in its sole and unfettered discretion,
                for, fixes, patches, updates, upgrades, service packs, documentation, etc.,
                and, without limiting the generality of the foregoing, for any service or
                material provided.
			}]
        }]
        [li {
			[p {
	            By registering with QWP, you are confirming and acknowledging that
			}]
            [ol {
                [li {
					[p {
                        you have reviewed and understood, accept, and agree to comply with,
                        the terms and conditions of this agreement,
					}]
                }]
                [li {
					[p {
	                    you are purchasing a limited licence in respect of the Software
    	                ([quote]Licence[quote]), and not the Software itself,
					}]
                }]
                [li {
					[p {
        	            except as set out in this agreement, you have no ownership, title, or
            	        any interest of any kind in the Software, or to the intellectual property
                	    in the Software,
					}]
                }]
                [li {
					[p {
	                    QWP is the owner of the Software, and of any and all related
    	                documentation and materials, and
					}]
                }]
                [li {
					[p {
	                    QWP retains title to, and all rights and interest in,
					}]
                    [ol {
                        [li {
                            [p {
                            	the Software,
							}]
                        }]
                        [li {
                            [p {
                        	    the intellectual property in the Software,
							}]
                        }]
                        [li {
                            [p {
                    	        all confidential information relating to, and all trade secrets
                	            contained in, the Software,
							}]
                        }]
                        [li {
                            [p {
            	                any and all related documentation and support material, and
							}]
                        }]
                        [li {
                            [p {
	                            the NewViews, NV, and NV2 trade marks, and the use of such
    	                        trade marks in connection with any combination of letters,
        	                    numbers or symbols.
							}]
                        }]
                    }]
                }]
            }]
        }]
        [li {
			[p {
                By installing and using the Software you agree that QWP may collect diagnostic
                data related to product performance as described in the Privacy Policy on the
                NewViews.com website.
			}]
        }]
    [h2 "Restrictions"]
        [li {
			[p {
	            You may not, and are not permitted to,
            }]
            [ol {
                [li {
                    [p {
                    transfer, assign or sublicense the licence,
					}]
                }]
                [li {
                    [p {
                    grant to others any other rights in respect of the licence,
					}]
                }]
                [li {
                    [p {
                    grant to others any rights in respect of the Software,
					}]
                }]
                [li {
                    [p {
                    install and/or use the Registered Software on any computer which has
                    not been registered with QWP for that Registered Software,
					}]
                }]
                [li {
                    [p {
                    access the Registered Software from any computer which has not
                    been registered with QWP for that Registered Software,
					}]
                }]
                [li {
                    [p {
                    copy the Software for any purpose, other than for backup purposes,
					}]
                }]
                [li {
                    [p {
                    give copies of the Registered Software to others,
					}]
                }]
                [li {
                    [p {
                    loan, rent, resell, distribute, or network the Registered Software,
					}]
                }]
                [li {
                    [p {
                    use or do anything with the Software not specifically permitted by
                    this agreement and the licences granted pursuant to it,
					}]
                }]
                [li {
                    [p {
                    use the Software for any purpose other than its intended purpose or to
                    create other software or works,
					}]
                }]
                [li {
                    [p {
                    disclose any of the confidential information relating to, or trade
                    secrets contained in, the Software,
					}]
                }]
                [li {
                    [p {
                    translate, adapt, or otherwise modify the Software,
					}]
                }]
                [li {
                    [p {
                    decompile, disassemble, reverse engineer, or otherwise reduce,
                    convert or transform the Software to human-perceivable form,
					}]
                }]
                [li {
                    [p {
                    produce, advertise or market any derivative works, add-ons, etc.
                    based on, or for, the Software without the express prior written
                    consent of QWP,
					}]
                }]
                [li {
                    [p {
                    copy any of the printed or electronic documentation and materials
                    which accompany or are produced in connection with the Software, or
					}]
                }]
                [li {
                    [p {
                    use any of the NewViews, NV, and NV2 trade marks, separately, or
                    together or in connection with, any combination of letters, numbers or
                    symbols.
					}]
                }]
            }]
        }]
    [h2 "Confidentiality"]
        [li {
			[p {
                You agree that the Software, including but not limited to, all source and
                object code components, screen shots and displays, graphical user
                interfaces, algorithms, formulae, data structures, scripts, application
                programming interfaces and protocols, and all related written and electronic
                documentation ([quote]Confidential Information[quote]) are trade secrets of QWP
                and are owned by QWP.  You agree to not to disclose any part of the
                Confidential Information to anyone except to such of your employees and
                agents as may be necessary, and then only to the extent required, to use the
                Software under the terms of this agreement.  You agree to use the
                Confidential Information solely for your benefit as provided for in this
                agreement, not to allow any third party to benefit from the Confidential
                Information, and to require your employees not to use or disclose such
                information. Notwithstanding the disclosure of any part of the Confidential
                Information for any reason, such Confidential Information shall continue to
                be owned by QWP.
            }]
        }]
    [h2 "Responsibility for data"]
        [li {
			[p {
                You acknowledge that any data entry, conversion or storage is subject
                to human and machine errors, omissions, improper manipulation,
                delays, and losses, whether deliberate, negligent or accidental,
                including, but not limited to, the inadvertent loss of data or damage to
                media, which may result in loss or damage to you, and which loss or
                damage may also result from your reliance on such defective or altered
                data.  QWP shall not be liable for any such errors, manipulations,
                omissions, delays, losses, or reliance, or for any loss or damage arising
                therefrom or thereby. You shall be responsible for adopting
                appropriate measures to prevent, and limit the impact of, such
                problems, including backing up data, adopting procedures to ensure the
                accuracy of input data, examining and confirming results prior to use,
                adopting procedures to identify and correct errors and omissions,
                replacing lost or damaged media, and reconstructing data.  You are
                also responsible for complying with all applicable laws pertaining to the
                use and disclosure of any data.
			}]
        }]
    [h2 "Limited warranty and remedy"]
        [li {
            [ol {
                [li {
					[p {
                    QWP warrants that the media on which the Software is contained will
                    be free from defects in materials and workmanship. This limited
                    warranty does not apply if the defect has resulted from accident,
                    abuse, or misapplication.
					}]
                }]
                [li {
					[p {
                    The warranty set out in paragraph 12(1) of this agreement expires 90
                    days after the date the media is purchased.
					}]
                }]
                [li {
					[p {
                    QWP's entire liability, and your exclusive remedy, under this
                    warranty shall be limited to the replacement of the defective media.
                    To receive replacement of defective media, you must obtain a return
                    authorization number from QWP, and return the defective media to
                    QWP at your expense, together with the supporting documentation
                    required by QWP.  Any replacement media will be warranted for the
                    remainder of the original warranty period.
					}]
                }]
            }]
        }]
    [h2 "Disclaimer as to warranties"]
        [li {
            [ol {
                [li {
					[p {
                        The only warranty provided by QWP is as set out in paragraph
                        12 of this agreement.  Except for that limited warranty, the
                        Software, and all related documentation, material and services, is
                        provided on an [quote]as is[quote] basis, without warranty of any kind,
                        express or implied, and the entire risk of the quality and
                        functionality of same, or arising out of the use or performance of
                        same, if any, remains solely with you.  Without in any way
                        limiting the foregoing provisions, you are solely responsible for
                        selecting the software required to achieve any intended results,
                        and for the installation and use of, and results obtained from, the
                        Software, and QWP makes no warranty as to the quality,
                        functionality, or performance of the Software, or that the
                        Software will be free of errors, bugs, viruses, or from
                        interruptions or other failures, or that the Software will satisfy
                        your specific requirements.
                    }]
                }]
                [li {
                	[p {
                        To the maximum extent permitted by applicable law, QWP
                        excludes and disclaims, in respect of the Software, and all related
                        documentation, materials and services, all warranties and
                        conditions, whether express, implied, or statutory, including, but
                        not limited to, any possibly applicable implied warranties or
                        conditions of merchantability, fitness for a particular purpose,
                        lack of bugs and viruses, accuracy or completeness of responses
                        or results, and negligence or lack of workmanlike effort.
                        In respect of the Software, and all related documentation,
                        material, and services, there is no warranty or condition of title,
                        quiet enjoyment, quiet possession, correspondence to description,
                        or non-infringement.
                    }]
                }]
            }]
        }]
    [h2 "Limitation as to liability and damages"]
        [li {
			[p {
                The entire and sole liability of QWP for any reason shall be limited in
                accordance with this paragraph, paragraphs 12 and 13 of this
                agreement, and any other applicable provisions of this agreement.
                Under no circumstances and under no legal theory, whether in tort,
                contract, or otherwise, shall QWP be liable to anyone or any entity for
                any direct, indirect, special, incidental, or consequential damages of any
                character whatsoever (including, without limitation, damages for loss of
                profits, loss of goodwill, loss of confidential or other information,
                business interruption, work stoppage, computer failure or malfunction,
                personal injury or death, loss of privacy, failure to comply any duty,
                including a duty of good faith or reasonable care, negligence (whether
                active or passive)), and for any other pecuniary or other loss whatsoever
                arising out of, in connection with, or in any way related to the use of, or
                inability to use, the Software, and all related documentation, material
                or services, or otherwise under or in connection with any provision of
                this agreement, even in the event or on the basis of fault, tort (including
                negligence, and gross negligence), strict liability, product liability,
                breach of contract, or breach of warranty, of or by QWP, its directors,
                officers, employees, agents and representatives, and even if QWP has
                been given notice or advised of the possibility of such damages.  In no
                event and under no circumstances will you claim from QWP, or will
                QWP be liable for, any damages in excess of the total amount paid by
                you to QWP for a licences, documentation, materials and other services.
            }]
        }]
    [h2 "Indemnification"]
        [li {
			[p {
                You agree to defend, indemnify and hold harmless QWP and its directors,
                officers, employees, affiliates, agents and representatives from and against
                all claims, costs (including all legal fees and costs), judgments and any and
                all other expenses arising out of, in connection with or on account of your
                downloading, installation, use, copying, etc. of the Software or your failure
                to comply with the terms of this agreement.
			}]

        }]
    [h2 "Termination by QWP"]
        [li {
			[p {
                Your registrations, your licences and/or this agreement may be terminated
                by QWP immediately and without notice, if you fail to comply with any term
                or condition of this agreement. Upon such termination, you must immediately
                delete the Software from all of the computers upon which it is installed
                and return to QWP all materials provided to you under this agreement, as
                well as destroy any complete and partial copies of the Software, including
                all backup copies.
			}]
        }]
    [h2 "Governing language and laws"]
        [li {
            [p {
            	You agree that
			}]
            [ol {
                [li {
                    [p {
                    this agreement, and all related documents, are to be drawn up in
                    English,
	                }]
                }]
                [li {
                    [p {
                    all matters relating to this agreement and the Software are to be dealt
                    with and transacted in English,
	                }]
                }]
                [li {
                    [p {
                    this agreement, and any and all relationships and transactions
                    between QWP and you, are governed exclusively by the laws of
                    Canada and the Province of Ontario, and that this restriction cannot
                    be varied or not applied because of any principle of law, including
                    those relating to the conflicts of law,
	                }]
                }]
                [li {
                    [p {
                    only the courts of the Province of Ontario and Canada have
                    jurisdiction in respect of any disputes relating in any way to this
                    agreement and the Software,
	                }]
                }]
                [li {
                    [p {
                    any way to this agreement and the Software to the jurisdiction of the
                    laws and courts of the Province of Ontario and Canada, and
	                }]
                }]
                [li {
                    [p {
                    you will not seek, or permit, laws and courts of any other state or
                    country to take or have jurisdiction in respect of such matters.
	                }]
                }]
            }]
        }]
    [h2 "Arbitration"]
        [li {
            [p {
                Notwithstanding the requirements of paragraph 17 of this agreement, QWP
                may require you, at its sole and unfettered option, to submit any dispute or
                claim about any matter relating in any way to this agreement, the Software,
                or QWP, to arbitration, and any such dispute or claim shall then be dealt
                with and disposed of through arbitration, pursuant to the laws of the
                Province of Ontario applicable thereto.
            }]
        }]
    [h2 "Severability"]
        [li {
            [p {
                If any provision of this agreement is held to be unenforceable, the
                enforceability of the remaining provisions shall in no way be affected or
                impaired thereby, and the unenforceable provision may be severed from the
                agreement without affecting the validity or enforceability of the remaining
                provisions of the agreement.
            }]
        }]
    [h2 "Entire agreement"]
        [li {
            [p {
                This agreement expressly supersedes and completely replaces any and all
                prior end user licence agreements, and contains all terms and conditions
                governing the relationship between QWP and you, the end user, in respect
                of the Software.  QWP shall not be bound by or liable for any oral or written
                representations or warranties made with respect to the Software, or any
                other related product, by anyone, including any employees, agents,
                representatives, authorized distributors or resellers or their respective
                agents, employees, or representatives.
            }]
        }]
    }]

}