SOFTWARE LICENSE AGREEMENT FOR SITEFINDER GPS SOFTWARE
This Software License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) and 101142932 Saskatchewan Ltd. operating as Sitefinder GPS (“Sitefinder”) regarding the use of Sitefinder’s software and service entitled Oiltrax (the "Software"), which may also include digital cartographic data and "online" or electronic documentation, and printed materials. BEFORE YOU CLICK ON THE “I ACCEPT THE SOFTWARE LICENSE AGREEMENT” BUTTON AT THE END OF THIS DOCUMENT, INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT THE SOFTWARE LICENSE AGREEMENT” BUTTON, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT THE SOFTWARE LICENSE AGREEMENT” BUTTON, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE AND RETURN THE COMPLETE PRODUCT WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND TO ONE OF THE FOLLOWING: (1) THE DEALER FROM WHICH YOU PURCHASED THIS PRODUCT; OR (2) 101142932 SASKATCHEWAN LTD., 203 – 3502 TAYLOR STREET EAST, SASKATOON, SAKSATCHEWAN, S7H 5H9.
Grant of License: Sitefinder ("we" or "us") grants you a limited non-exclusive license to use the Software in accordance with the terms of this Agreement. The copyright and all other rights to the Software shall remain with Sitefinder, and Sitefinder reserves all rights not expressly granted in this Agreement. You must reproduce any copyright or other notice marked on the Software on all copies this Agreement permits you to make. Subject to the payment of the applicable fees and your compliance with the terms of this Agreement, this Agreement permits you to:
use one copy of the specified version of the Software, for internal purposes only, on only one computer, Garmin global positioning unit, “smart phone”, personal digital assistant, or other electronic device for which the Software was designed (each referred to as a “Client Device”) and only by one user, at any given time. If you have purchased multiple licenses for the Software, then at any time you may have as many copies of the Software in use as you have licences. The Software is “in use” on a Client Device when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device;
make one copy of the Software solely for backup or archival purposes; and
transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Copyright: The Software is owned by Sitefinder or its suppliers or licensors and is protected by United States and Canadian copyright laws and international treaty provisions. We (and our suppliers) own and retain all right title and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy or distribute the Software without authorization. You may not copy the printed materials accompanying the Software, if any, nor print copies of any user documentation provided in “online” or electronic form.
Restrictions: You may not rent, lease, or loan the Software, but you may transfer your rights under this Agreement permanently, provided you transfer this Agreement, the Software and all accompanying printed materials, retain no copies (including any hard disk copies), and the recipient agrees to the terms of this Agreement. You may not reverse engineer, de-compile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software.
NO WARRANTIES: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE. SITEFINDER MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITEFINDER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME PROVINCES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, OR TELECOMMUNICATIONS INFRASTRUCTURE. THEREFORE, SITEFINDER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSABILITY, OR PERFORMANCE.
LIMITED LIABILITY: NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SITEFINDER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SITEFINDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE. BECAUSE SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
General: This Agreement is governed by the laws of the Province of Saskatchewan, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to The Sale of Goods Act (Saskatchewan) or the Uniform Commercial Code of the United States. Any dispute between you and Sitefinder regarding this Agreement will be subject to the exclusive venue of the courts of the Province of Saskatchewan. This Agreement is the entire agreement between you and Sitefinder and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision of this Agreement shall be deemed waived or modified except in a written addendum signed by an authorized representative of Sitefinder.
Contact Information: Should you have any questions concerning this Agreement, or if you desire to contact Sitefinder for any reason, please call (306) 651-7410.