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END USER LICENSE AGREEMENT
Under this End User License Agreement (“Agreement”), Phocore Inc. (“Vendor” or “Phocore”) grants to the user (“Licensee” or “You”) a non-exclusive and non-transferable license (“License”) to use Explorer Studio (“Software”).
BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.
You agree to be bound by the following terms and conditions:
1. LIMITED WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
2. REVERSE ENGINEERING
You may not reverse engineer, disassemble, decompile, modify, or otherwise derive source code from the Software in whole or in part.
3. Limitation of Liability
YOU USE THE SOFTWARE AT YOUR OWN RISK. NEITHER PHOCORE NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM USE OF THE SOFTWARE. IN NO EVENT WILL PHOCORE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
4. DISTRIBUTION
Any reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute, rent, sell, or in any other way exploit the Software, or to participate with or to encourage others to engage in such acts, without the prior written consent of Phocore.
5.Ownership
The Software is owned by Phocore. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. This Software is licensed not sold. All rights not expressly granted here are reserved by Phocore.
6. Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SOFTWARE, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
7. Community Content
Community Content that you upload shall not: (i) infringe any third party intellectual property or other proprietary or publicity/privacy rights, (ii) violate any law or regulation, (iii) be defamatory, profane, obscene, child pornographic or harmful to minors, (iv) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (v) alter or remove existing intellectual property notices or (iv) violate these Terms of Service;
Notwithstanding anything in this Agreement to the contrary, Phocore has no support, warranty, indemnification or other obligation or liability with respect to your Community Content or their combination, interaction or use with the Software. You shall indemnify, defend and hold Phocore harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against Phocore by a third party relating to your Community Content (including but not limited to any representations or warranties you make about Your Community Content) or Your breach of this Section.
8. General Provisions
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. This agreement shall automatically terminate upon failure by you to comply with its terms. After the termination of this agreement, you must cease to use the Software. Phocore, on its sole discretion, may modify this agreement at any time.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario.
Under this End User License Agreement (“Agreement”), Phocore Inc. (“Vendor” or “Phocore”) grants to the user (“Licensee” or “You”) a non-exclusive and non-transferable license (“License”) to use Explorer Studio (“Software”).
BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.
You agree to be bound by the following terms and conditions:
1. LIMITED WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
2. REVERSE ENGINEERING
You may not reverse engineer, disassemble, decompile, modify, or otherwise derive source code from the Software in whole or in part.
3. Limitation of Liability
YOU USE THE SOFTWARE AT YOUR OWN RISK. NEITHER PHOCORE NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM USE OF THE SOFTWARE. IN NO EVENT WILL PHOCORE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
4. DISTRIBUTION
Any reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute, rent, sell, or in any other way exploit the Software, or to participate with or to encourage others to engage in such acts, without the prior written consent of Phocore.
5.Ownership
The Software is owned by Phocore. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. This Software is licensed not sold. All rights not expressly granted here are reserved by Phocore.
6. Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SOFTWARE, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
7. Community Content
Community Content that you upload shall not: (i) infringe any third party intellectual property or other proprietary or publicity/privacy rights, (ii) violate any law or regulation, (iii) be defamatory, profane, obscene, child pornographic or harmful to minors, (iv) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (v) alter or remove existing intellectual property notices or (iv) violate these Terms of Service;
Notwithstanding anything in this Agreement to the contrary, Phocore has no support, warranty, indemnification or other obligation or liability with respect to your Community Content or their combination, interaction or use with the Software. You shall indemnify, defend and hold Phocore harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against Phocore by a third party relating to your Community Content (including but not limited to any representations or warranties you make about Your Community Content) or Your breach of this Section.
8. General Provisions
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. This agreement shall automatically terminate upon failure by you to comply with its terms. After the termination of this agreement, you must cease to use the Software. Phocore, on its sole discretion, may modify this agreement at any time.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario.