License Agreement

Software License Agreement
of
AKTIV Software Corporation

Definitions

  1. “Agency” means either the person or organization that acquires the use of this Product.
  2. "Product" refers to the CLIFF Software, other Software distributed with this license, manual(s) and all other items accompanying this license.
  3. "Software" refers to the computer programs contained in the Product, together with all the codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with this computer program.
  4. “Instance” refers to an executing copy of the Product.

    Terms of Use

    1. This is a legal agreement. By using any part of the Product you agree to become bound by the terms of this License and you acquire no proprietary right to the Product as distributed by AKTIV Software Corporation.
    2. If you do not wish to become bound by the terms of this License, please do not use any part of the Product.
    3. The Product is licensed, not sold, to the Agency by AKTIV Software Corporation for use only under the terms of this License, and AKTIV Software Corporation reserves any rights not expressly granted to the Agency for the use of the Product.

      Restrictions

      1. You may not remove, obscure or alter any copyright notice or other proprietary rights related to the Software or Product, including manuals.
      2. You may not sub-license, sell, rent, lend or lease any portion of the Product without written consent from AKTIV Software Corporation.
      3. You may install the Product on as many computers as required but you may not use a CLIFF license number on more than one Instance of the Product at any one time.
      4. You may print electronic versions of manuals in the Product for use by the Agency.

      Disclaimer

      1. To the maximum extent permitted by applicable law, AKTIV Software Corporation disclaims all other warranties and conditions, either expressed or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, with regard to the software or that the use of this software will not infringe any third party patents, copyrights, trademarks or other rights. As legal rights vary by jurisdiction this disclaimer may not apply to you and you may have other rights. To the maximum extent permitted by applicable law, and under no circumstances, and under no legal theory, tort, contract, or otherwise, will AKTIV Software Corporation be liable to you or any other person for any indirect, special, incidental or consequential damages of any character. Where the exclusion or limitation of incidental or consequential damages is not permitted by applicable law, this limitation and exclusion may not apply.

      Choice of Law

      1. This License is governed by the laws of British Columbia, Canada, without reference to conflict of law principles. The Agency, you and AKTIV Software Corporation irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia and further agree to commence any litigation which may arise hereunder in the courts located in the City of Victoria, Province of British Columbia, Canada. If the software was acquired from AKTIV Software Corporation outside Canada or the United States, then local law may apply.