END USER LICENSE AGREEMENT
SOFTWARE WITH SOURCE CODE DISCLOSED
PLEASE READ THIS AGREEMENT CAREFULLY.
BY USING ALL OR ANY PORTION OF RISK MANAGENABLE®
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT USE RISK MANAGENABLE®.
1. DEFINITIONS
When used in this AGREEMENT, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: “AGREEMENT” means all the terms and conditions of this End User License Agreement between the LICENSOR and the LICENSEE.
“LICENSOR” means Managenable®, which is located in the province of Alberta, in Canada.
“LICENSEE” means you personally or the legal entity who paid the non-refundable license fee for the USE of the SOFTWARE from the LICENSOR under the terms and conditions of this AGREEMENT.
“SOFTWARE” means:
(a) A digital file version of “Risk Managenable®” provided exclusively by the LICENSOR;
(b) All contents of the digital file, including its source code and formulas, provided by the LICENSOR; and
(c) All updated versions, and copies of the digital file, if any, licensed to the LICENSEE by the LICENSOR, free of charge or for an additional cost.
“USE” means to download, copy, access or otherwise benefit from using the functionality of the SOFTWARE in accordance with the LICENSEE’S RIGHTS AND OBLIGATIONS.
“COMPUTER” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions; and means the electronic device where the LICENSEE USE the SOFTWARE.
“DERIVATVE WORKS” means a work that is based upon one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion or any other form in which such a preexisting work may be recast, transformed or adapted.
2. LICENSEE’S RIGHTS AND OBLIGATIONS
As long as the LICENSEE comply with the terms and conditions of this AGREEMENT, the LICENSOR hereby grants to the LICENSEE a perpetual non-exclusive license to USE the SOFTWARE on all COMPUTER legally owned by the LICENSEE.
The LICENSEE may:
- Make copies of the SOFTWARE on any COMPUTER legally owned by the LICENSEE and accessed only by the LICENSEE.
- Endeavour DERIVATIVE WORKS provided they are performed by the LICENSEE, for exclusive USE by the LICENSEE on all COMPUTER legally owned by the LICENSEE.
- Provide to any other person or legal entity than the LICENSEE only images, pictures, or value output (i.e. without any formulas) from the USE of the SOFTWARE.
The LICENSEE shall not, under any circumstances:
- Remove, modify and/or make non-viewable to users:
- The copyright and trademark notices of the LICENSOR which appear on each worksheet and programming module of the SOFTWARE.
- The hyperlinks which appear on each worksheet of the SOFTWARE and which point towards webpages of the official website of the LICENSOR: managenable.com
- The logo of the SOFTWARE (i.e. Risk Managenable®) which appears on each worksheet of the SOFTWARE.
- The logo of the LICENSOR (i.e. Managenable®) which appears on the Home worksheet of the SOFTWARE.
- Remove or modify the following worksheets in the SOFTWARE:
- EULA (End User License Agreement);
- Links.
- Provide to any other person or legal entity than the LICENSEE a copy of all or any portion of the source code, including programing modules and formulas of the SOFTWARE.
- Place a copy of all or any portion of the SOFTWARE, including its source code, programing modules and formulas with or without any DERIVATIVE WORKS, onto a COMPUTER or server or any other communication device so that the SOFTWARE would be accessible to another person or legal entity than the LICENSEE, or via a public network such as the Internet or any other similar network or sharing tool.
- Sublicense, rent, lease or lend all or any portion of the SOFTWARE, including after any DERIVATIVE WORKS is applied.
3. TRANSFER
The LICENSEE may not transfer any rights to USE the SOFTWARE to another person or legal entity.
4. INTELLECTUAL PROPERTY RIGHTS
The SOFTWARE the LICENSEE is authorized by the LICENSOR to USE is the intellectual property of and is owned by the LICENSOR. The structure, organization, formulas, programing modules and source code of the SOFTWARE are the valuable trade and information of the LICENSOR.
The SOFTWARE is protected by copyright, including without limitation by Canada Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.
Any copies that the LICENSEE is permitted to make pursuant to this AGREEMENT must contain the same copyright and other proprietary notices that appear on or in the SOFTWARE.
The LICENSOR’s trademarks shall be used in accordance with accepted trademark practices, including the identification of trademarks owners’ names. The LICENSOR’s trademarks can only be used to identify printed output produced by the SOFTWARE, and such USE of any trademark does not give the LICENSEE any rights of ownership in that trademark. Except as expressly stated above, this AGREEMENT does not grant the LICENSEE any intellectual property rights in the SOFTWARE.
The LICENSEE also agree not to share, by any means, to any other legal entity, any portion of the source code of the SOFTWARE, including after any DERIVATIVE WORKS is applied.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS SOURCE CODE, OTHER THAN IN STRICT ACCORDANCE WITH THIS AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
5. NO WARRANTY
The SOFTWARE is being delivered to the LICENSE “AS IS” and the LICENSOR makes no warranty as to its USE or performance.
THE LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THE LICENSEE MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO THE LICENSEE IN THEIR JURISDICTION, THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE LICENSEE’S JURISDICTION. THE LICENSOR’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
7. GOVERNING LAW
This AGREEMENT shall be governed by and interpreted in accordance with the laws of the province of Alberta in the country of Canada.
8. SEVERABILITY
If any part of this AGREEMENT is found void and unenforceable, it will not affect the validity of the balance of the AGREEMENT, which shall remain valid and enforceable according to its terms.
9. GENERAL PROVISIONS
This AGREEMENT shall not prejudice the statutory rights of any party dealing as a consumer. This AGREEMENT may only be modified by a writing signed by an authorized officer of the LICENSOR.
Updates may be licensed to the LICENSEE by the LICENSOR with additional or different terms. This is the entire AGREEMENT between the LICENSOR and the LICENSEE relating to the SOFTWARE and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SOFTWARE.
10. COMPLIANCE WITH LICENSES
If the LICENSEE have any questions regarding this AGREEMENT, or if the LICENSEE wish to request any information from the LICENSOR, please use the contact information available on the official website of the LICENSOR: www.managenable.com
“Managenable”, “Manage Enable Yourself”, “Risk Managenable”, and, “Enable Your Gene for Risk Management”, are trademarks of Jacques Bernizan.
BY USING ALL OR ANY PORTION OF THE SOFTWARE
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE,
THEN DO NOT USE THE SOFTWARE
AND DELETE IT FROM YOUR COMPUTERS.
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