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PayBot LLC Disclaimer
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SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called the "Agreement").
Installing or using the PAYBOT LLC software product indicates your acceptance of the agreement. If you do not accept or agree with these
terms, you should promptly return all material
to PAYBOT LLC.
LICENSE
The PAYBOT LLC software product (the "Software") is owned by
PAYBOT LLC and is protected by copyright law and international treaty provisions. The Software is hereby licensed to you by
PAYBOT LLC (the entity licensing the Software to you is referred to in this Agreement as "PAYBOT"). Subject to the terms and conditions of this Agreement, and any limitations imposed as part of a special promotional or educational program, PAYBOT hereby grants you a non-exclusive license to use the software as set forth below:
You May:
- install the Software only on one computer
- make one copy of the Software for archival or backup purposes
RESTRICTIONS
You may not:
- use, copy, modify, or transfer the Software or the documentation, or any copy in whole or in part, except as expressly provided for in this license.
- allow the Software to be used on more than one computer at a time or by more than one person at a time except as otherwise expressly provided herein.
- rent or lease the Software or the documentation, modify or adapt the Software or documentation in whole or in part including but not limited to translation or creating derivative works.
- disassemble or reverse compile for the purpose of reverse engineering the Software.
TERMINATION
This Agreement and your license to use the Software will automatically terminate without notice of you fail to comply with any provision of this Agreement. Upon termination you shall destroy all copies of the Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
SELECTION AND USE
You assume full responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software.
LIMITED WARRANTY
For a period of 90 days from the date of your receipt of the Software.
PAYBOT warrants that:
- the Software will substantially conform to PAYBOT 's published specifications and to the documentation provided with it when used as specified in such documentation, and
- the media on which the Software is distributed and the documentation are free from defects in materials and workmanship.
However, PAYBOT does not warrant that the functions contained in the software will meet your requirements or expectations that the operations of the software will be uninterrupted or error free.
Because of the inherent complexity of computer software your are advised to verify your work. Provided you return the item with a copy or your receipt within the 90 day period, PAYBOT shall at its discretion either (a) correct the non-conformance of the Software; or (b) replace the defective media and/or (c) refund the license fee.
LIMITATIONS OF REMEDIES AND LIABILITY
PAYBOT's liability and your exclusive remedy are as set forth above and
PAYBOT disclaims all other warranties or conditions, expressed or implied, including, but not limited to the implied warranties or conditions of merchantable quality and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. No modification or addition to this warranty is authorized unless it is set forth in writing, references this Agreement and is signed on behalf of PAYBOT by an authorized official.
In no event will PAYBOT or its direct or indirect suppliers be liable for any other damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages or other pecuniary loss arising out of the use of or inability to use the software even if PAYBOT
has been advised of the possibility of such damages. In particular, PAYBOT and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute software, or claims by third parties. No oral or written information given by PAYBOT, its agents or employees shall create a warranty.
In no case shall any direct or indirect suppliers of
PAYBOT bear any liability for any reason whatsoever and in no case shall
PAYBOT's liability exceed the amount of the license fee actually paid by you. This agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited. For example, some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusion may not apply to you.
GENERAL
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada.
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