End User License Agreement ("EULA") Governing Use of FusionPipe Software Solutions Inc. ("FusionPipe") proprietary software
End User License Agreement for FusionPipe’s QuikID™ and QuikID™ Smart iOS and Android apps, Dashboard for Windows Applications, QuikID™ Smart for Windows, and including FusionPipe’s QuikSafe™ Technology, Secure Communications Framework and BTLE drivers and interfaces.("apps" or "software" or "services").
1.1 By downloading and using FusionPipe Software Solutions Inc. (“FUSIONPIPE”) apps and services, you (the “End User”) agree to these End User License Agreement (“EULA”) terms and conditions.
1.2 Subject to the terms and conditions of this Agreement, FUSIONPIPE grants to End User and End User accepts a non-exclusive, non-transferable license to use each of the software programs and/or services and the related documentation ("Licensed Program(s)") for End User's own use.
1.3 Use of the Licensed Program may be subject to the approval of a third party (such as Apple in relation to an iPhone app, Google in relation to an Android app, or others) or issuance of an application key by FUSIONPIPE or it’s authorized Reseller.
2. PROTECTION AND SECURITY OF LICENSED PROGRAM
2.1 End User acknowledges and agrees that the Licensed Program contains proprietary and confidential information of FUSIONPIPE and its third party suppliers, and agrees to keep such information confidential.
2.2 All rights, title and interest in and to the Licensed Program, other than those expressly granted to End User herein, shall remain vested in FUSIONPIPE or its third party suppliers. End User shall not, and shall prevent others from copying, translating, modifying, creating derivative works, reverse engineering, decompiling, encumbering or otherwise using the Licensed Programs except as specifically authorized under this Agreement. All appropriate copyright and other proprietary notices and legends shall be placed on the Licensed Programs supplied by FUSIONPIPE, and End User shall maintain and reproduce such notices on any full or partial copies made by it.
3.1 This Agreement shall become effective for each Licensed Program upon delivery or download of the Licensed Program to End User and shall continue until the end of the “License Period” unless terminated in accordance with the terms hereof.
3.2 Upon termination of this Agreement, End User shall return or destroy all copies of the Licensed Program in its possession. All obligations of End User arising prior to termination and those obligations relating to confidentiality and non-use, shall survive termination.
4. NO SUPPORT AND UPGRADES
4.1 End User shall receive software support and upgrades for the Licensed Program only to the extent provided for in the applicable FUSIONPIPE software support policy in affect at that time and as outlined as Services above. Unless expressly excluded, this Agreement shall be deemed to apply to all updates, upgrades, revisions, enhancements, extensions and any other software that may be supplied by FUSIONPIPE to End User.
5.1 FUSIONPIPE DOES NOT MAKE AND END USER IS NOT ENTITLED TO RELY ON ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, DURABILITY, OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE ERROR FREE OR THAT THE LICENSED PROGRAMS WILL NOT INFRINGE UPON ANY THIRD PARTY RIGHTS.
5.2 FUSIONPIPE Licensed Programs are for standard commercial uses. Without the appropriate design and engineering, they must not be sold, licensed or otherwise distributed for use in any hazardous environments requiring fail safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of products could lead directly to death, personal injury, or severe physical or environmental damage. End User hereby agrees that the use of the FUSIONPIPE Licensed Programs for the development of any such application without the prior written consent of FUSIONPIPE shall be at the End User’s sole risk. End User also agrees to defend and hold FUSIONPIPE harmless from any claims for loss, cost, damage, expense or liability that may arise out of or in connection with the use of the FUSIONPIPE Licensed Programs in such applications.
6. EXCLUSION OF LIABILITY
6.1 IN NO EVENT SHALL FUSIONPIPE, ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY COSTS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL CLAIM, REGARDLESS OF HOW SUCH DAMAGES WERE CAUSED OR AROSE AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, AND/OR FUSIONPIPE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS IN CONTRACT INCLUDING FUNDAMENTAL BREACH OR BREACH OF A WARRANTY, CONDITION OR FUNDAMENTAL TERM OR IN TORT INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE OR IN STRICT LIABILITY.
6.2 The foregoing provision limiting the liability of FUSIONPIPE' employees, agents, officers and directors shall be deemed to be a trust provision, and shall be enforceable by such employees, agents, officers and directors as trust beneficiaries.
7.1 Under no circumstances shall either party be liable to the other for any failure to perform its obligations where such failure results from causes beyond that party's reasonable control.
7.2 This Agreement constitutes the entire agreement between FUSIONPIPE and End User regarding the license provisions and supersedes all prior oral and written communications.
7.3 If any provision of this Agreement is held to be invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
7.4 The Licensed Program may contain freeware or shareware obtained by FUSIONPIPE from a third party source. No license fee has been paid by FUSIONPIPE for the use of any such freeware or shareware, and no license fee is charged to End User for its use. End User acknowledges and agrees that the third party source provides no warranties and shall have no liability whatsoever in respect of End User's possession and/or use of the freeware or shareware software.
7.5 All notices shall be sent to the parties at the addresses listed above, or to any such address as may be specified from time to time. Notices shall be deemed to have been received five days after deposit with a post office when sent by registered or certified mail, postage prepaid and receipt requested.
7.6 End User shall comply with all export regulations pertaining to the Licensed Program in effect from time to time. Without limiting the generality of the foregoing, End User expressly warrants that it will not directly or indirectly export, re-export, or transship the Licensed Program in violation of any export laws, rules or regulations of Canada.
7.7 No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. The waiver by either party of any right hereunder, or of the failure to perform or of a breach by the other party, shall not be deemed to be a waiver of any other right hereunder or of any other breach or failure by such other party, whether of a similar nature or otherwise.
7.8 This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
©Copyright 2009-2016 FusionPipe Software Solutions Inc. All rights reserved. All Trademarks or Registered Trademarks are used with the permission of their respected owners and are the property of the respective owners.
Session, Audit and Usage Data is collected anonymously and includes, without limitation, all connection and any service-related data submitted to us through your use of the Application relating to the connection request, server communication and data sharing, including network measurements, quality of service, date, and time. Session, Audit and Usage Data does not include Personal Information or Content you may share through the Application. We use Session and Usage data to improve the functionality and features of the Application.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If you have any questions about our software user license, you can contact:
FusionPipe Software Solutions, Inc.
Office 1045, 100 - 535 Thurlow St.