DREAMCATCHER INTERNATIONAL INC.
END-USER SOFTWARE LICENSE AGREEMENT
Copyright © 2005 DreamCatcher International Inc.
This Software License Agreement (“Agreement”) is a legally binding agreement between DreamCatcher International Inc. (“DreamCatcher”) and you. Please read the Agreement
carefully before using the software. If you have any questions about it, we encourage you to seek independent legal advice. By clicking on “I AGREE,” you are agreeing to be bound
by the terms of this Agreement (by law, clicking on the “I AGREE” button constitutes a valid signature). If you do not agree to be bound by the terms of this Agreement, please cancel
the installation of this application and return the product to your point of purchase for a refund.
1. License. DreamCatcher grants you a non-exclusive, non-transferable limited license to use, for your own personal, non-commercial use, the application(s), demonstrations, data
files, graphic images, and other software, whether on disk, compact disc, in read-only memory, or on any other media (the "Application Software"), and the related documentation.
(“License”).
2. Intellectual Property.While you own the media on which the Application Software is recorded, DreamCatcher retains all rights to the Application Software and related documentation. The Application Software contains copyrighted material, trade secrets, trade marks and other proprietary material which is protected by intellectual property laws. The copying,
redistribution, selling or publication of any part of the Application Software is strictly prohibited.
3. Representations and Warranties. You represent and warrant to DreamCatcher as follows:
(a) You are responsible for supplying your own equipment and operating system for using the Application Software, and for keeping it in good working order, at your own expense;
(b) You will use the Application Software for your own personal entertainment and not for any commercial purpose;
(c) You will not copy, decompile, reverse engineer or disassemble the Application Software, or otherwise reduce the Application Software to a human-perceivable form;
(d) You will not modify, network, rent, lease, distribute or create derivative works based upon the Application Software in whole or in part;
(e) You will not electronically transmit the Application Software from one computer to another or over a network;
(f) You will not make any attempts to discover the source code of the Application Software, or create any derivative works.
4. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Application Software and related documentation and
all copies thereof. DreamCatcher can terminate this Agreement at any time if it determines you have failed to comply with any provision of this Agreement. Upon receiving notice of
termination from DreamCatcher, you must immediately destroy the Application Software and related documentation and all copies thereof.
5. DreamCatcher Media Warranty. DreamCatcher warrants that for one year from date of original purchase, the compact disc used to distribute the Application Software shall be
free of all manufacturing defects. Additionally, for the same one year period, DreamCatcher will replace, free of charge, any compact disc that may be damaged in any way.
If the defective or damaged compact disc was purchased in North America, you must return it along with proof of purchase and signed warranty card to DreamCatcher. A postage
and handling charge of US$8.00 must accompany the order. (Please note: Add US$2.00 for each additional disc). If the defective or damaged compact disc was purchased outside
North America, you must return it along with proof of purchase to the local retailer of the Application Software at your own expense and at the current rates.
6. Disclaimer of Warranty on Application Software. The Application Software and related documentation are provided AS IS and without warranty of any kind, and DreamCatcher
expressly disclaims all warranties, expressed or implied, including but not limited to, the implied warranties of non-infringement, merchantability and fitness for a particular purpose.
DreamCatcher does not warrant that the functions contained in the Application Software will meet your requirements, nor that the operation of the Application Software will be uninterrupted or error-free, nor that defects in the Application Software will be corrected. Furthermore, DreamCatcher does not warrant or make any representations regarding the use or
the results of the use of the Application Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice
given by DreamCatcher or a DreamCatcher-authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Application Software
prove defective, you (and not DreamCatcher or a DreamCatcher-authorized representative) assume the entire cost of all servicing, repair or correction. You expressly acknowledge
and agree that use, quality and performance of the Application Software is at your sole risk.
7. Limitation of Liability. Under no circumstances, including negligence, shall DreamCatcher, its shareholders, subsidiaries, officers, directors or employees be liable for any indirect,
incidental, special or consequential damages that result from this Agreement or your use or inability to use the Application Software or related documentation, even if DreamCatcher
or a DreamCatcher-authorized representative has been advised of the possibility of such damages. In no event shall DreamCatcher's total maximum liability to you for all damages,
losses, and causes of action (whether in contract, tort or otherwise) exceed the total amount paid by you for the Application Software. Any allowable claim must be brought against
DreamCatcher no later than sixty (60) days after the date of the event giving rise to such claim.
8. Indemnity. You agree to indemnify and hold harmless DreamCatcher, its shareholders, subsidiaries, officers, directors and employees in respect of any claims, demands, causes
of action, liability, damages, costs, fines, expenses (including legal fees) that result directly or indirectly from your use or misuse of the Application Software or any violation of this
Agreement.
9. Governing Law, Language and Severability. If the Application Software was bought in North America, this License shall be governed by and construed in accordance with the
laws of the province of Ontario, and any disputes arising from this Agreement shall be adjudicated in the courts of the province of Ontario, Canada.
If the Application Software was bought outside North America, this License shall be governed by and construed in accordance with French law and any disputes arising from this
Agreement shall be adjudicated in the courts of Paris, France.
The original version of this Agreement is in English, and any interpretation will be based on the English text. In the case of any discrepancy between a translated version and the
English text, the English version will prevail. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire agreement between DreamCatcher and you with respect to your use of the Application Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this
Agreement will be binding unless in writing and signed by a duly-authorized representative of DreamCatcher.
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