Margill Loan Manager (MLM)©End User License AgreementMontreal, Quebec, Canada USER LICENSE AND LIMITED WARRANTY FOR
MARGILL LOAN MANAGER (MLM)
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This document constitutes a contract between you, and Jurismedia Inc. By installing Margill Loan MANAGER (MLM), you agree to respect the terms and conditions of this contract, which include the USER LICENSE, the LIMITED WARRANTY, and an ACCEPTANCE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT INSTALL MLM. Return or destroy the file or disc immediately. In order to preserve and to protect its rights within the framework of national and international copyright laws, Jurismedia does not sell rights to MLM, but grants a License to use MLM within the framework of a License agreement and expressly reserves the right of ownership of MLM. |
USER LICENSE |
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1. LICENSING IN DEMO MODE. Subject to your commitment to comply to the terms and conditions of this License and the Limited Warranty, Jurismedia, the LICENSOR, grants you, the LICENSEE, the nonexclusive right to use this copy of MLM in DEMO mode provided that the terms of the License are respected. The DEMO mode gives you the right to use MLM for a certain number of days. The License in DEMO mode ceases and is replaced by the License AFTER PURCHASE of article 2 of the present Agreement when the LICENSE fees have been paid and when MLM is activated by a special code available exclusively through Jurismedia. 2. LICENSING AFTER PURCHASE. Upon payment of the LICENSE fees included in the purchase price of the product and your commitment to conform to the terms of this License and the Limited Warranty, the LICENSOR grants the LICENSEE, the nonexclusive right to use MLM on a single computer in only one physical location, provided that the terms of the License are respected. If the single computer on which MLM is used is a system with several users, the License will apply to all its users at no cost. If a network License is granted, the number of stations purchased represents the number of stations which have ACCESS to MLM in one unique physical location (also known as "per seat" license). An installation of MLM or a shortcut to the host computer containing the MLM files can only be made on the maximum number of stations acquired by License. Jurismedia reserves all rights not expressly granted to the LICENSEE. 3. RIGHT OF OWNERSHIP OF MLM. Upon payment of the License fees, the LICENSEE becomes the owner of the disk or other support on which MLM is initially or thereafter recorded. However, the present License is granted on the express condition that Jurismedia preserve its right of ownership of MLM, as saved on the original disc as well as on all copies that may have be made, in whatever form or support containing the original and copies. This License does not constitute a sale of MLM software or any copy thereof. 4. REPRODUCTION RESTRICTIONS. MLM and the documentation which accompanies it are protected by national and international copyright laws. Subject to the right of distribution in DEMO mode, any unauthorized reproduction of MLM, including its modification, its fusion or its inclusion in another, or of the documentation which accompanies it, is strictly prohibited. The LICENSEE could be liable to legal sanctions for any violation of this copyright and his or her default in respecting the terms of this License. The LICENSEE is however authorized to copy or distribute MLM in DEMO mode. 5. RESTRICTIONS OF USE. The LICENSEE is authorized to physically transfer MLM from a computer to another on condition however that MLM is used or installed on only one computer or on the number of computers allowed by the license through Jurismedia or one of its authorized dealers. Subject to the transfer and distribution authorized in DEMO mode, electronic transfers of MLM from one computer to another on a network and the distribution of MLM or its documentation to a third party are strictly prohibited. Any modification, adaptation, translation, reverse engineering, decompilation, dismantling or creation of works drawn from MLM, as well as any modification, adaptation, translation or drafting of works inspired from its documentation without the prior written approval of Jurismedia, are strictly prohibited. 6. RESTRICTIONS OF TRANSFER. The user License of MLM is conferred only to the LICENSEE and cannot be transferred to anyone without prior written approval from Jurismedia. Any recipient of a duly authorized transfer will be held under the terms and conditions of this License and Limited Warranty. The LICENSEE may not transfer, yield, rent, nor sell MLM, nor dispose of it in one way or another temporarily or permanently except as is expressly authorized in this agreement. 7. TERMINATION. The present License remains in force until it is ended. It will automatically end, without notice from Jurismedia if the LICENSEE does not conform to the terms of the License. In the event of termination, the LICENSEE will have to immediately return or destroy any documentation and all copies of MLM, including the modified copies, if the case arises. 8. UPDATES. Jurismedia may publish from time to time revised versions of MLM which it may, at its full discretion, offer to the LICENSEE and to recipients of a transfer who will have paid the update fees. 9. OTHER CLAUSES. The present License is governed by the legislation in force in the province of Quebec for the benefit of Jurismedia Inc, its representatives, its heirs and successors. The LICENSEE agrees to subject itself to the jurisdiction of the appropriate Quebec and Canadian courts. |
LIMITED WARRANTY |
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MLM AND THE DOCUMENTATION WHICH ACCOMPANIES IT (INCLUDING USERS' INSTRUCTIONS) ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY. MOREOVER, JURISMEDIA PROVIDES NO WARRANTY AND DOES NOT MAKE ANY STATEMENT CONCERNING THE USE OR THE RESULTS OBTAINED FROM MLM OR ITS DOCUMENTATION IN TERMS OF THEIR ACCURACY, RELIABILITY, CURRENTNESS OR OTHER. ALL RISKS RELATED WITH THE RESULTS AND PERFORMANCE OF MLM ARE SUPPORTED BY THE LICENSEE. IN THE EVENT OF A DEFECT IN MLM OR ITS DOCUMENTATION, THE LICENSEE AND NOT JURISMEDIA, ITS DISTRIBUTORS, AGENTS, ADMINISTRATORS, EMPLOYEES, OR ANY PERSON HAVING PARTICIPATED IN THE CREATION OF MLM, WILL BE RESPONSIBLE FOR ALL COSTS NECESSARY FOR CORRECTIVE MAINTENANCE, REPAIR OR CORRECTION. Jurismedia warrants to the initial LICENSEE that the file or the disc on which MLM is recorded is free from any material defect or manufacturing defect under normal conditions of use and maintenance for a period ninety (90) days from the delivery date as attested by a copy of the receipt. Jurismedia's responsibility and any recourse on the part of the LICENSEE with regard to the disc or the defective material will be limited exclusively, at Jurismedia's discretion, either (a) to a refund of the purchase price, or (b) to the exchange of the disc or the material which have not satisfied the conditions of this Limited Warranty and which will have been turned over to Jurismedia, carriage paid, accompanied by a copy of the receipt. In the event of an exchange, the disc or the replacement material will be warranted for one period equal to the remainder of the initial warranty period or thirty (30) days, according to that of the these two periods which will be longest. WHAT PRECEDES CONSTITUTES THE ONLY WARRANTY GIVEN BY JURISMEDIA FOR ITS
PRODUCT AND EXCLUDES ANY OTHER WARRANTY, OF WHATEVER FORM, SPECIFIC OR
IMPLICIT, STATUTORY OR OTHER, INCLUDING, WITHOUT RESTRICTION, ANY IMPLICIT
WARRANTY OF THE PRODUCT'S ADEQUATE COMMERCIAL CHARACTERISTICS OR APPROPRIATENESS
FOR A PARTICULAR USE. IN THE EVENT OF CONFLICT BETWEEN A PROVISION OF THIS WARRANTY AND ANY PROVINCIAL OR FEDERAL LAW APPLICABLE, THIS LAW WILL HAVE PRECEDENCE OVER AN INCOMPATIBLE PROVISION. The present limited WARRANTY is governed by the laws of Quebec, Canada for the benefit of Jurismedia Inc, its representatives, its heirs and successors. Client Data: The LICENSEE is entirely responsible for the client data produced with MLM. NEITHER JURISMEDIA, NOR ANY PERSON HAVING PARTICIPATED IN THE CREATION, THE PRODUCTION OR THE DELIVERY OF THE PRODUCT CAN BE HELD RESPONSIBLE in case of data corruption, destruction or loss. It is entirely up to the LICENSEE to regularly create backup copies of his or her client data. Confidentiality of Data: The LICENSEE is entirely responsible for any and all data confidentiality and protection issues resulting from MLM use. NEITHER JURISMEDIA, NOR ANY PERSON HAVING PARTICIPATED IN THE CREATION, THE PRODUCTION OR THE DELIVERY OF THE PRODUCT CAN BE HELD RESPONSIBLE in case of confidential information loss, unauthorized access or distribution, database tampering or any other illicit use of information. MLM login protection should not be considered as a foolproof data protection method. |
ACCEPTANCE |
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YOU HEREBY CERTIFY THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THE LIMITED WARRANTY, HAVE UNDERSTOOD ITS TERMS AND CONDITIONS AND YOU AGREE TO RESPECT THEM. YOU ALSO RECOGNIZE THAT THE AFOREMENTIONED LICENSE AND LIMITED WARRANTY CONSTITUTE THE INTEGRAL AND EXCLUSIVE AGREEMENT WHICH BINDS THE PARTIES AND THAT THESE REPLACE ANY PREVIOUS OFFER OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES AND RELATING TO THE CONTENT OF THIS LICENSE OR LIMITED WARRANTY. For further information about the License or Limited Warranty, or to
reach Jurismedia for any reason, please write to Jurismedia Inc., 75 des Chateaux,
Suite 102, Blainville, Quebec, Canada J7B 2A4. By e-mail : [email protected].
Web - www.jurismedia.com, www.margill.com
. Tel.: (450) 621-8283 Toll free (North America only):
1-877-683-1815. Fax: (450) 621-4452. |