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End User License Agreement
EFFECTIVE DATE: May 18, 2011
IMPORTANT READ CAREFULLY: This End User License Agreement (hereafter, EULA) is a legal agreement between YOU, the user, and Timeless Technologies (2007) Inc. (hereafter, Timeless) for the Internet-Based Software that accompanies this EULA.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT ACCESS, LOGIN OR USE THE SOFTWARE. IF YOU ACCESS, LOGIN OR USE THIS SOFTWARE YOU ARE BOUND BY THIS AGREEMENT.
SCOPE OF GRANT
Timeless grants to you a non-exclusive, non-sub licensable, and license to use this version of DomainHole™ in browser based executable form for execution over the Internet. You may not:
1. Copy the documentation (including policies/procedures/user manual) which accompanies DomainHole™;
2. Sublicense, rent, lease or sell any portion of DomainHole™;
3. Reverse engineer, decompile, disassemble, modify, translate, reconstruct or make any attempt to discover the source code or resources of DomainHole™ or create derivative works based on DomainHole™;
4. Use or access a previous version of DomainHole™ after an upgraded version has been made available as a replacement of the prior version;
5. Use any Timeless Internet-based services associated with DomainHole™ in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use of them or;
6. Attempt to gain unauthorized access to any service, account, computer systems or networks associated with DomainHole™;
Title, ownership rights, copyrights, trademarks and intellectual property rights in DomainHole™ shall remain with Timeless. DomainHole™ is protected by Canadian and International copyright laws and other intellectual property laws and treaties. Title and related rights to the content accessed through DomainHole™ is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
The license will terminate automatically if you fail to comply with the terms and conditions of this EULA. On termination, you must destroy all access to and documentation for DomainHole™. DISCLAIMER OF WARRANTY DomainHole™ is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of DomainHole™ is born by you. Timeless does not warrant that your use of DomainHole™ will be uninterrupted or that the operation of DomainHole™ will be error-free or secure. Should DomainHole™ prove defective, Timeless does not assume the cost of any service and repair. THERE IS NO WARRANTY OR CONDITION OF ANY KIND. This disclaimer of warranty constitutes an essential part of the agreement. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMELESS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, ANY ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.
You agree to use DomainHole™ to enter and transmit only those materials and data for which you have the necessary copyright permissions and/or clearances. You agree to hold harmless, indemnify and defend Timeless, its officers, directors and employees from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have entered and/or transmitted materials and/or data in violation of another party's rights. If you are importing the Software from Canada, you agree to indemnify and hold Timeless harmless from and against any import duties or other claims arising from the importation.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TIMELESS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE DomainHole™ INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LIFE, PERSONAL INJURY, ILLNESS OR OTHER HEALTH RELATED PROBLEM, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF (i) TIMELESS OR ANY AUTHORIZED TIMELESS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY CLAIM BY ANY OTHER PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIMELESS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANYWAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
This agreement shall be construed in accordance with the laws prevailing in the Province of Prince Edward Island, Canada from time to time and the parties agree that any legal suit, action, or proceeding arising out of or relating to this Agreement may be instituted in solely in the Courts of the Province of Prince Edward Island, and the parties hereby accept and irrevocably submit and attorn to the jurisdiction of the said Courts without regard to conflicts of law and acknowledge the competence of such Courts and agree to be bound by any judgment thereof.
If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions shall not, in any way, be affected or impaired thereby in any other jurisdiction and the validity and enforceability of the remaining provisions contained herein shall not, in any way, be affected or impaired thereby.
You may not assign or transfer any of your rights or obligations hereunder without the prior consent of Timeless, which consents may not be arbitrarily or unreasonably withheld.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of DomainHole™ that Timeless may provide to you or make available to you after the date you begin to use DomainHole™ , unless they are accompanied by separate terms. Timeless reserves the right to discontinue Internet-based services provided to you or made available to you through the use of DomainHole™.
PRIVACY AND SECURITY
You acknowledge that you send to Timeless and that Timeless collects certain information regarding the use and users of DomainHole™, including certain personally identifiable information. You hereby consent to Timeless’ collection and use of such information for the purposes and in keeping with the purpose of administration, support and marketing DomainHole™. We may contact you by email, or the internet for the purpose of administration, support and marketing of DomainHole™ from time to time. We may also notify you about new Timeless products, services, special offers and information that might be of interest to you. You hereby consent to Timeless contacting you from time to time. If you do not wish to receive these notifications, you may notify us by email at: firstname.lastname@example.org.
NOTICE: Timeless may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you launch DomainHole™. Any such notice will be deemed delivered on the date Timeless first makes it available through DomainHole™, irrespective of when you actually receive it. This Agreement was originally prepared in the English language. Although Timeless may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included DomainHole™) is the entire agreement between you and Timeless relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Timeless policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect Timeless may, at its sole option, at any time, enact changes to this EULA without prior notice.