END-USER LICENSE AGREEMENT FOR INVESTINTECH.COM INC. SOFTWARE -
ABLE2EXTRACT version 8.0, Standard Edition
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (You or Your, either an individual or a single legal entity) and Investintech.com Inc. ("Investintech") for the Investintech software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation
("SOFTWARE PRODUCT" or "SOFTWARE"). By clicking I agree or by downloading, installing, copying, or otherwise using all or any portion of the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not download, install, copy or otherwise use the SOFTWARE. If you acquired the SOFTWARE on tangible media (e.g. CD) without an opportunity to review this license, you may promptly return the unused SOFTWARE PRODUCT to the place from which You obtained it within 30 days with proof of payment for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
As described below, using the Software and by Clicking I Agree also operates as your consent to the transmission of certain computer information during activation, validation and for internet-based services.
In this EULA, the following definitions apply:
Computer means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
Permitted Number means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Investintech or agreed to in writing by Investintech.
Use, Used or Using means to access, install, download, copy or otherwise benefit from using the functionality of the SOFTWARE in accordance with the SOFTWARE documentation.
1. GRANT OF LICENSE
This EULA is a non-exclusive and non-transferable license and grants You the following rights:
Systems Software - You may install and Use one copy of the SOFTWARE PRODUCT on a single
Computer at a time and only by one user at a time, or up to the Permitted Number of Computers and users. You may make a single copy of the SOFTWARE solely for archival purposes.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, Used only to install or run the SOFTWARE PRODUCT on Your other Computers over an internal network; however, You must acquire and dedicate a license for each separate Computer on which the SOFTWARE PRODUCT is installed or run from the storage device. No other network use is permitted, including, but not limited to, use of the SOFTWARE, either directly or through commands, data or instructions from or to a Computer not part of Your internal network, for Internet or web-hosting services or by any user not licensed to Use this copy of the SOFTWARE through a valid
license from Investintech.
No Concurrent Use - A single-Use license for the SOFTWARE PRODUCT may not be Used concurrently on different Computers, however, this agreement does allow a licensed user to install the SOFTWARE PRODUCT on both a work Computer and a home or laptop Computer, provided the SOFTWARE
PRODUCT is not in use on both machines at the same time.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Copying Restrictions - You may make a single copy of the SOFTWARE PRODUCT for backup and
archival purposes. Such copy shall include in readable format any and all proprietary and copyright notices contained on the original. Other than as contained in this agreement You may not copy the SOFTWARE PRODUCT, including any documentation. All such copies of the SOFTWARE PRODUCT are the
proprietary information of Investintech and its suppliers and are subject to their copyrights.
Title - Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title to the SOFTWARE PRODUCT, or any intellectual property in the SOFTWARE PRODUCT, is transferred to You.
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, or otherwise attempt to derive source code from the SOFTWARE PRODUCT.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one Computer.
Transfer - You may not rent, lease, sublicense or otherwise transfer all or any portion of the SOFTWARE
PRODUCT or authorize any Use of the SOFTWARE by any other person except as expressly permitted
User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with the SOFTWARE PRODUCT.
Combination of Components - In conjunction with the prohibition against separation of components of the
SOFTWARE PRODUCT, noted above, You may not create or add components to be used in combination
with the SOFTWARE PRODUCT, if any purpose of such combination is to package, repackage, sell,
resell, rent, sub-rent, lease or sublease any portion of the SOFTWARE PRODUCT to any third party to this
Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the
SOFTWARE PRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this EULA.
END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your direction and control abide by the terms and conditions of this EULA. In the event that You become aware that the SOFTWARE PRODUCT is being used by such persons in a manner not
authorized by this EULA, You shall immediately notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT
immediately cease, and to recover any copies of the SOFTWARE PRODUCT that were made in violation of this EULA. Notwithstanding any other form hereof, You will at all times remain responsible and liable for, and shall indemnify Investintech against any damages or claims arising out of or related to, any breach of this EULA by any authorized or unauthorized User of the SOFTWARE licenses to You hereunder.
Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and other proprietary rights of Investintech and one or more third party software vendors who are intended beneficiaries of this EULA. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT's component parts that are not authorized by this EULA. To the maximum
extent permitted by law, You waive all claims and causes of action against such third party software
vendors that arise under this EULA or in connection with Your use of, or inability to use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liability of any kind to You in connection with any such claims or causes of action.
Termination - Without prejudice to any other rights, Investintech may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES AND SUPPORT
Investintech may offer to license to you, for a fee, upgrades to the SOFTWARE PRODUCT, and may or
may not require you to agree to a new license agreement for the upgrade. If you are not required to agree to a new license agreement, then this agreement shall apply to and govern your use of such upgrade. If this
agreement in respect of a SOFTWARE PRODUCT that is an upgrade of an Investintech product, You now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an
upgrade of a component of a package of software programs that You licensed as a second product, the
SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one Computer.
Investintech is committed to providing customer and technical support to users of the SOFTWARE
PRODUCT, for so long as the version of this SOFTWARE PRODUCT retains the same version number as the current version number of the SOFTWARE available for sale at the Investintech website. For example, product ABC v.2.0, would still be supported even if product ABC v.2.7 was being sold on the Investintech
website. However, ABC v.2.0 would no longer be supported if product ABC v.3.0 was available for sale
on the Investintech website. Customer and technical support shall include reasonable efforts problem
investigation and problem solving by the Investintech customer and technical support team. Any patches
or special fixes shall be made solely at the discretion of Investintech and subject to available Investintech
resources, and may require payment of an additional fee. Additional information about Investintech
support, including hours and how to contact Investintech for support, is available at the Investintech
website at: www.investintech.com.
4. MANDATORY ACTIVATION
Activation associates the use of the software with a specific hardware device. During activation, the software will send information about the software and the device to our activation server. This information may include the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. This practice is consistent with industry standard. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet or, in certain circumstances, over email by simple file transfer - please contact us for information if this is required. Some changes to your computer components or the software may require you to reactivate the software. The software may remind you to activate it until you do.
a. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits. This validation process conforms with standard industry practice.
b. During or after a validation check, the software may send information about the software, the device and the results of the validation check to us or our activation server. This information includes, for example, the version and product key of the software and the Internet protocol address of the licensed device. We do not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine product then the functionality or experience of using the software may be affected. For example, we may ask you to obtain a properly licensed copy of the software; ask you to take steps to properly activate the software; limit your ability to use or continue to use the Software or some of the features of the Software.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are
owned by Investintech or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, You must treat the SOFTWARE PRODUCT like any other
copyrighted material except that You may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a second Computer provided You keep the second installation solely for backup or archival purposes. You may not copy any printed
materials accompanying the SOFTWARE PRODUCT.
7. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size
of medium You receive, You may use only one medium that is appropriate for Your single Computer. You
may not use or install the other medium on another Computer.
8. LIMITED WARRANTY
Investintech warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt when used in
9. CUSTOMER REMEDIES
Investintech's and its suppliers' entire liability and Your exclusive remedy shall be, at Investintech's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Investintech's Limited Warranty and which is returned to Investintech with a copy of Your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse,
or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer. Outside Canada, neither these remedies
nor any product support services offered by Investintech are available without proof of purchase from an
authorized international source.
10. NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVESTINTECH AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Investintech or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Investintech has been advised of the possibility of such damages. Because some provinces, states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
12. EXPORT RULES
You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by applicable export laws, restrictions or regulations.
13. U.S. GOVERNMENT END USERS
The SOFTWARE and related documentation are Commercial Item(s), as that term is defined at 48 C.F.R. 2.101, consisting of Commercial Computer Software and Commercial Computer Software
Documentation, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.
Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are being licensed to
U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You agree that when licensing the Software for Use by the U.S. Government, or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. 12.212 (for civilian agencies) and 48
C.F.R. 227-7202-1 and 227-7202-4 (for the Department of Defense).
14. GOVERNING LAW
This EULA shall be governed exclusively by the laws of the Province of Ontario, Canada without reference to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the city of Toronto, Province of Ontario.
Should You have any questions concerning this EULA, or if You desire to contact Investintech for any reason, please contact, or write:
425 University Avenue, Suite 301
Canada M5G 1T6
This Agreement, the SOFTWARE and any rights granted to You under this Agreement may not be
transferred or assigned by you (including, without limitation, the granting of any security interest in the SOFTWARE or other transmission or communication of the SOFTWARE), in whole or in part, whether voluntarily, by operation of law, or otherwise , without the prior written consent of Investintech and any such attempted assignment or transfer shall be null and void.
To the extent that any provision of this Agreement is declared by a court or other lawful authority of
competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and You and Investintech will use their best efforts to substitute a new provision of like economic intent and effect for the illegal, invalid or unenforceable provision, and the remainder of this Agreement shall continue in full force and effect with
respect to all other provisions.
18. AMENDMENTS AND WAIVERS
No modification, amendment, addition to or waiver of any rights, obligations or defaults shall be effective unless in writing and signed by the party against whom the same is sought to be enforced. One or more waivers of any right, obligation or default shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure of Investintech in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights hereunder.