This end user license agreement ("EULA") is a legal agreement between you and Dovico. It provides a license to use the Software and contains warranty information and liability disclaimers which apply to the Software. By installing or using the Software, you indicate your agreement to the terms of this EULA. If you do not agree to these terms, you are not authorized to copy or use the Software, and you may return the Software for a full refund within sixty days of the date of purchase.
"Dovico" means Dovico Software Inc.
"Software" means Dovico's products entitled "Dovico PLANNING AND TIMESHEET" and "Dovico TIMESHEET" and includes updates, supplements, and add-on components that Dovico may provide after the date you obtain your initial copy of the Software. Your rights are limited to those user licenses specified in purchase documentation issued by Dovico to you.
Dovico grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software. You may use the Software on a network provided you have acquired the number of user licenses equal to the number of people by whom the Software will be used. If you install the Software on more than one server, then you must have a reasonable mechanism or process in place to ensure that the number of people by whom the Software is being used does not exceed the number of user licenses acquired by you. You may provide user licenses you have acquired from Dovico to your affiliates, representatives, consultants, contractors or agents solely for purposes related to your business, provided that you are responsible for such users' compliance with this EULA.
You may not use, copy, modify, alter, adapt, loan, sub-license, share, rent or lease the Software, in whole or in part, except as expressly provided for in this EULA. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The foregoing grant of rights gives you a limited license to use the Software. Dovico and its suppliers retain all right, title and interest in and to the Software, and all copiesthereof. All rights not specifically granted in this EULA, including all copyright and trademark rights, are reserved by Dovico and its suppliers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dovico EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
IN NO EVENT SHALL Dovico OR ITS SUPPLIERS BE LIABLE TO YOU, OR TO ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF Dovico HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INEFFECTIVE, THE PARTIES AGREE THAT Dovico'S MAXIMUM LIABILITY FOR ANY CLAIM ARISING HEREUNDER (WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) SHALL NOT EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO Dovico FOR USE OF THE PRODUCT.
THE SOFTWARE DISPLAYS FOREIGN EXCHANGE DATA ("FOREX DATA") THAT IS PROVIDED BY OANDA INC. WITHOUT LIMITING THE GENERALITY OF PARAGRAPHS 5 AND 6, NEITHER Dovico NOR OANDA WARRANTS THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF FOREX DATA, AND YOU ACKNOWLEDGE THAT FOREX DATA ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Dovico OR OANDA BE LIABLE TO YOU, OR TO ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE ACCURACY OF FOREX DATA, OR FOR ANY DELAYS INACCURACIES, ERRORS, INTERRUPTIONS OR OMISSIONS IN THE FURNISHING OF FOREX DATA, OR FOR ANY DIRECT,SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY SUCH DELAYS, INACCURACIES, ERRORS, INTERRUPTIONS OR OMISSIONS, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY PERSON ACTING IN RELIANCE UPON FOREX DATA DOES SO AT HIS OWN RISK.
This EULA shall continue for the duration of Dovico's copyright in the Software, unless earlier terminated as provided herein. Dovico may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this EULA. Upon termination, you must immediately destroy the Software, together with all copies. Obligations to pay accrued charges or fees shall survive the termination of this EULA.
You may not transfer or assign the Software or license granted hereunder to another party unless the other party agrees to all the terms and conditions of this EULA and provided that you transfer all copies of the Software, registration keys and/or codes, and related documentation to the same party and destroy any copies not transferred. Any such transfer terminates your license.
You agree to reimburse Dovico for all expenses incurred by Dovico in the enforcement of any of its rights hereunder, including without limitation, solicitors fees.
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This EULA shall be governed and construed in accordance with the laws of New Brunswick and the laws of Canada applicable therein. The Court of Queen's Bench of the Province of New Brunswick shall have exclusive jurisdiction over any litigation arising hereunder.
This EULA and the purchase documentation issued by Dovico to you constitute the sole and exclusive agreement between you and Dovico in relation to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein. You agree that any varying or additional terms contained in any purchase order or other written notification issued by you in relation to the Software shall be of no effect.
If you have any questions regarding this EULA, please contact Dovico at legal@dovico.com.