END USER LICENCE AGREEMENT
IMPORTANT: HOLMETRICS INC. (“Holmetrics”) ONLY AGREES TO LICENCE THE HOLMETRICS PLATFORM SOFTWARE (the “Holmetrics Platform”) TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENCE AGREEMENT. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU.
1. Grant of Licence
Holmetrics hereby grants you a limited, non-sublicensable, non-exclusive, non-transferable right to install and run the current version of the Holmetrics Platform and the accompanying documentation.
Holmetrics also grants you the right to reproduce the manuals and other documents relating to the installation and use of the software (the “Documentation”) in association with authorized copies of the Holmetrics Platform.
Documentation shall include, but not be limited to, any printed materials, “online” or electronic data provided by or obtained from Holmetrics with regard to this Holmetrics Platform.
The Holmetrics Platform and Documentation are licensed, not sold. Even though copies of the Holmetrics Platform may be provided on media of different formats, copies of the Holmetrics Platform on different media formats do not constitute multiple licences to the Holmetrics Platform.
This End User Licence Agreement (“EULA”) applies to all specified Holmetrics Platform component and products, subject to any restrictions or usage terms specified on the applicable Holmetrics website or in accompanying documentation that applies to any of such Holmetrics Platform products individually.
You must ensure that all authorized users comply with the terms and conditions of the Agreement and you are liable for their conduct.
2. Ownership and Limits to Use
The Holmetrics Platform and the Documentation will remain at all times the sole and exclusive property of Holmetrics.
3. Use of the Holmetrics Platform
You must follow the instructions found in the Documentation relating to the proper use of the Holmetrics Platform.
4. Limitation of Liability
THE SOFTWARE AS WELL AS THE DOCUMENTATION IS PROVIDED TO YOU AS IS. HOLMETRICS DISCLAIMS ALL LIABILITY AND, OTHER THAN WHAT IS EXPRESSLY SET OUT IN THIS AGREEMENT, HOLMETRICS OFFERS NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE SOFTWARE AND DOCUMENTATION. IN NO EVENT WILL HOLMETRICS BE HELD LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL RESULTING FROM THE USE OF THE SOFTWARE AND DOCUMENTATION
5. Representations of Distributor
Holmetrics represents for your benefit that: it holds all rights necessary to execute this Agreement and there are no legal, judicial or contractual limitations preventing its execution; and the Holmetrics Platform and the Documentation are original works that, to Holmetrics’s knowledge, do not violate any copyright
Holmetrics will have the right to terminate this Agreement immediately at its sole discretion. You undertake in such an event to deliver up the Holmetrics Platform and the Documentation and destroy any copies made.
7. Governing Law
This Agreement is governed and will be construed in accordance with the laws applicable and in force in the Province of Alberta, Canada.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.