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End User Software License
END-USER SOFTWARE LICENSE AGREEMENT
THIS IS AN IMPORTANT LEGAL AGREEMENT. PLEASE READ IT CAREFULLY.
This End-User License Agreement (the "Agreement") is a legal agreement between you and Ground Zero Tech-Works Inc. ("Ground Zero") for Ground Zero's AyaNova software, including all previous versions thereof and all replacements, supplements, upgrades and updates thereto provided to you by Ground Zero (the "Software") and all associated documentation (the "Documentation").
If you are installing or using the Software at work or under contract, then you are contracting on behalf of the corporation or organization for which you are working. You must ensure you have the legal authority and ability to do so.
IF YOU CLICK "YES", YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM.
If you do not agree to the terms of this Agreement, you may not use the Software.
1. Licenses. Subject to the terms and conditions below, Ground Zero hereby grants to you a non-transferable and non-exclusive right to use the Software, solely in object-code format, on any number of computers at any one time. Ground Zero also grants to you a non-transferable and non-exclusive right to copy the Documentation, as long as such copies are not republished or distributed to any third-party. (Collectively, these licenses are called the "Licenses".)
2. Restrictions on Use. You agree that you will not do any of the following without prior written authorization by Ground Zero: (a) lease, export or grant a sublicense with respect to the Software or Documentation to any other party; (b) reverse engineer, decompile or disassemble the Software; (c) use the Software or Documentation except as authorized herein; (d) permit third-parties to use the Software or Documentation in any way that would constitute a breach of this Agreement; (e) rent, lease, or lend the Software or Documentation; (f) use of the evaluation version software in the pursuit of business activities without the intention of purchase; or (g) incorporate the Software or Documentation in whole or in part into any other software or documentation.
3. Evaluation Version. The Software is available in either an "evaluation" version or a "registered" version. All copies of the Software downloaded from Ground Zero's web-site begin as evaluation versions. If Ground Zero has not given you a license key and permission to use the registered version, you may only use the evaluation version. The functionality of the evaluation Software will be significantly limited. The evaluation version may only be used for evaluating the software in preparation of purchase, but Use of the evaluation software with no intention of purchase constitutes violation of Restriction on Use. You may not modify the Software or any part of the Software to gain access to additional features or functionality. You may register the Software by paying the fee and agreeing to the terms and conditions set-out on Ground Zero's website at www.ayanova.com.
4. Databases. The Software stores all user data in a single database file (the "Database"). If Ground Zero has given you a license key and permission to use the registered version of the Software, you may only use that license key in association with one Database. A separate, unique license key is required for each Database you create, maintain or access using the registered version of the Software. You may also purchase a replacement license key from Ground Zero to further increase the functionality of the Software; however, once you have installed the replacement license key you may no longer use the original license key, and you may still only use the replacement license key in association with only one Database. You may copy the Databases to any storage medium other than a computer, but only for backup purposes.
5. Ownership and Copyright. Ground Zero is the sole owner of all right, property and title in and to the Software, the Documentation, and the copyright, logos, trade-marks, trade names, trade secrets, confidential information, patents, inventions, images, text, video, audio, and designs therein.
6. Service. Ground Zero may provide technical support and service to you upon your request based on your subscription(s). The price and other terms and conditions of Ground Zero's services are set-out on Ground Zero's website at www.ayanova.com, and may be changed at any time by Ground Zero.
7. Termination. Without prejudice to any of Ground Zero 's other rights in this Agreement or at law or equity, this Agreement will immediately terminate if you fail to comply with any of these terms and conditions. Upon termination, you must destroy all copies of the Software and Documentation. The provisions in sections 7, 8, 9 and 10 of this Agreement will survive the termination of this Agreement.
8. Disclaimer of Conditions and Warranties. To the maximum extent permitted by applicable law, GROUND ZERO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, CORRESPONDENCE TO DESCRIPTION, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GROUND ZERO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE ERROR-FREE, THAT IT WILL PERFORM OR APPEAR EXACTLY AS DESCRIBED IN THE DOCUMENTATION, OR THAT ITS OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GROUND ZERO BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INFORMATION OR PRIVACY, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR FAILURE TO MEET ANY DUTIES INCLUDING THOSE OF GOOD FAITH AND OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GROUND ZERO, AND EVEN IF GROUND ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
10. Limitation of Liability. If, despite the limitations in this Agreement, Ground Zero becomes liable to you or to any third party, in no event will Ground Zero be liable for any monetary amount that, in the aggregate, is greater than the total amounts paid or due Ground Zero pursuant to this Agreement.
11. Governing Law. This Agreement and the relationship between the parties will be interpreted according to the laws in force in British Columbia, Canada. The courts of British Columbia will have jurisdiction over all claims, disputes, and actions related to this Agreement, and the parties attorn to the jurisdiction of those courts.
12. Enurement. This Agreement will bind and enure to the parties hereto and their respective lawful successors and permitted assigns.
13. Entire Agreement. This Agreement forms the entire agreement between you and Ground Zero and there are no agreements collateral to this Agreement. This Agreement supercedes all prior written, oral and other agreements between you and Ground Zero with respect to the Software and Documentation and any parts or components thereof. No term or provision of this Agreement may be changed, waived or terminated except by a further written or electronic agreement between you and Ground Zero.
14. Assignment. Only Ground Zero may transfer or license any of its rights under this Agreement. You may not license any of your rights under this Agreement, but you may transfer the Software and Documentation to another user if you transfer all of your rights under this Agreement to that new user, cease using all the Software and Documentation, erase and destroy all copies you have of the Software or Documentation, ensure the new user agrees to the terms and conditions of this Agreement, and provide Ground Zero of all these transfer agreements via signed and dated letterhead from both parties. Administration fees will be charged for replacement license keys required.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
16. Further Assurances. You will execute and deliver to Ground Zero any additional documents and take any additional steps that may be required to give full effect to the intent expressed in this Agreement.
17. Notice. All notices and other communication to Ground Zero to be made in writing and delivered to 05 - 3610 Christie Parkway, Courtenay BC CANADA V9N 9T6 or emailed to firstname.lastname@example.org
18. Processing of Personal Data - Ground Zero will comply with all applicable laws pertaining to personal data including GDPR (General Data Protection Regulation).
A: Data obtained
Information about you (such as your email address, name, company information) is provided to us when you email us (such as when you email us directly or email us via our online form) or when you register on our AyaNova Support Forum.
Information you provided in your order (such as your company name, company contact information, contact name, along with the AyaNova products/services/subscriptions purchased) is sent to us from our payment processing partner with whom you placed your order.
Ground Zero will not share your information for marketing purposes with companies outside Ground Zero Tech-Works Inc.
C: Use and Sharing of Data
Personal data you provided when you contact us (such as when you email us directly, email us via our online form, or register on our AyaNova Support Forum) will be used to provide technical support, to respond to user inquiries, to provide temporary Key(s), to maintain case and bug issues reported by you, and to send you relevant AyaNova information.
Ground Zero will also receive your company information you provided to our payment processing partner, so that we may process your product/service/subscription order.
Ground Zero may monitor usage of Ground Zero websites to gather statistical information that it may disclose to third parties. This data will only be shared in an anonymised form.
In the event that your AyaNova database is hosted with a third party and support is requested by you or your hosting company, exchange of your contact information and company information may occur so that we may confirm eligibility for support and to provide support.
D: Data Security
Ground Zero has implemented measures to protect customer data against improper access, disclosure, or loss. The security measures and processes that are in effect include but are not limited to:
(i) Ground Zero expressly commits to restrict access to customer data to only those individuals who require such access to perform their job function.
(ii) Login transactions are encrypted with HTTPS (TLS) and passwords are stored hashed.
(iii) Encryption of all data stored in backup.
(iv) Ground Zero will only provide your personal data to third parties where it is obliged to do so by law.
E: Deleting of Data
(i) Temporary key requests without subsequent purchase will be deleted within one year.
(ii) Email correspondence without subsequent purchase will be deleted within two years except where required for maintaining case and support history.
(iii) Email correspondence including temporary key requests with subsequent subscription purchase will be retained for the life of your subscription. Once a subscription has been allowed to lapse (not renewed), correspondence will be deleted within two years except where required for maintaining case and support history.
(iv) Customer information obtained through AyaNova Support Forum registration will be deleted within three years of forum login inactivity.
(v) Purchase information along with company information as provided by our payment processing partner will be retained for a minimum of six years after the end of the taxation year to which they relate as per the Canada Revenue Agency and no longer than 10 years after which will be deleted within one year.