October 16th 2014
IMPORTANT: BEFORE INSTALLING OR USING THIS SOFTWARE, CAREFULLY READ THIS LICENCE AGREEMENT THAT OUTLINES THE TERMS AND CONDITIONS ALLOWING YOU TO USE IT. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS CONTRACT, UNDERSTAND AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, USE OR COPY THIS SOFTWARE. THIS SOFTWARE IS ALSO PROTECTED BY INTERNATIONAL LAWS AND TREATIES REGARDING COPYRIGHT AS WELL AS BY OTHER LAWS AND TREATIES REGARDING INTELLECTUAL PROPERTY.
Notarius grants you a non-exclusive and non-transferable Software licence.
You may download and install the Software for your needs on more than one workstation, terminal or other device.
If Notarius has supplied you with the software for evaluation purposes, Notarius grants you, subject to the terms of this licence agreement, a non-exclusive, non-transferable licence without charge for a limited trial period and defined for using the software for evaluation purposes only. Once this period has expired, you are required to destroy the copy of the software and stop using it. If you subscribe to a digital signature service before the evaluation period expires, your licence is therefore valid and you are not required to destroy the software. Notarius is not obligated to provide maintenance or technical support for evaluation licences.
The Software was developed using libraries subject to open source software licences such as Mozilla Public Licence v1.1, Eclipse Public Licence v1.0, and Lesser General Public Licence v3.0. These components are used in support of the software and have not been converted or processed to add or edit features. The Software also use ImageMagick licence. You may not use this file except in compliance with ImageMagick licence, which you may obtain copies of at http://www.imagemagick.org/script/license.php. Unless required by applicable law or agreed to in writing, Software distributed under ImageMagick licence is distributed on an « AS IS » BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
You may not:
With the exception of legal warranties, the software is provided “AS IS” without a declaration, condition or warranty whatsoever. You bear the entire risk of using the software despite any other provision of this licence agreement. If Notarius has provided this software to you for evaluation purposes, the software is provided “AS IS” without a declaration, condition or warranty whatsoever and the risks arising from using the software will be borne exclusively by you. Notarius gives no warranty regarding the relevant documentation in terms of their correctness, accuracy, reliability or otherwise. You agree to assume all risks related to the results and performance of the software and accompanying documentation. Notarius does not guarantee that the software is free from any defect, error or inaccuracy. Notarius does not guarantee that the software will meet your needs. Notarius cannot be held responsible for any defect, error or inaccuracy of the software resulting from access the software, by other programs, the operating system, the firmware or hardware, or from inaccurate, inconsistent or incorrect date regarding the date and time.
Notarius will in no way be responsible for any specific, indirect, incidental, punitive, or exemplary damages nor any incident resulting from the use or inability to use the software or the accompanying documentation, including, without limitation, the loss of revenue or profits, the loss of data or damage to data, or other commercial or economic losses. Notarius is not in any way responsible for damages resulting from the performance or non-performance of the software.
If Notarius has provided the software to you for evaluation purposes, this licence agreement will expire after a period of ninety (90) days from the date you receive the software. At the end of this period, the licence agreement will be terminated. This licence agreement will also be immediately terminated, without notice from Notarius, if you do not comply with any of its provisions. Once the licence agreement is terminated, you must destroy all copies of the software for which you are responsible. In addition to this article, the articles entitled Definitions, Disclaimer of Warranty and Exclusions, Limitations of Liability, Title, Jurisdiction and Miscellaneous shall remain in effect after the termination of this licence agreement.
This licence agreement entitles you to updates or upgrades of the software as well as to assistance pertaining to the software. Notarius may amend the terms and conditions of the licence agreement at any time and these will automatically apply to the corresponding versions of the distributed software.
All rights, titles and interests, including intellectual property rights regarding the software and its copies, are retained by Notarius.
Terms ConsignO and Notarius, as well as their respective logos, are trademarks of Notarius registered in Canada.
This licence agreement constitutes the entire agreement between you and Notarius regarding the software, superseding any other agreement or any other discussion, whether oral or written, and cannot be amended except by another written agreement with Notarius. You may not assign the licence agreement, either voluntarily, as a result of a law or otherwise, without the prior written consent of Notarius. One party’s failure to notify a breach on a provision of this licence agreement does not constitute a waiver of such breach or the right of that party to enforce any subsequent breach of such provision. If the provisions of this licence agreement are found to be illegal or unenforceable, these provisions will not affect the validity or enforceability of such provisions in other circumstances or any other provision of this licence agreement which will be reformulated in the extent necessary to make them applicable in such circumstances.
This licence agreement is governed by the laws of the Province of Quebec in Canada. You consent and agree that the courts of the Province of Quebec have exclusive jurisdiction over any action or any legal recourse relating with this licence agreement and you consent to the jurisdiction of these courts for any such action or recourse. You waive all rights you may have or obtain subsequently to challenge such exclusive jurisdiction of such a court. The application of the UN Convention on Contracts for the International Sale of Goods to this licence agreement is expressly excluded. The Uniform Computer Information Transactions Act does not apply to this licence agreement.