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END-USER LICENSE AGREEMENT FOR INVESTINTECH.COM INC. SOFTWARE -
ABLE2EXTRACT PROFESSIONAL version7.0
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement
between you (“You” or “Your”, eitheran individualor a single legal entity)and Investintech.comInc.
("Investintech")forthe Investintech software product identified above,which includes computersoftware and
associated media and printed materials,and may include "online" orelectronic documentation
("SOFTWARE PRODUCT" or "SOFTWARE"). By clicking “I agree” or by downloading, installing,
copying,orotherwise using allor any portion ofthe 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
opportunityto reviewthis license,you may promptly return the unused SOFTWAREPRODUCT to the place from
which You obtained it within 30 days with proofof payment fora full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other
intellectualproperty laws and treaties. The SOFTWARE PRODUCT is licensed,not sold.
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 ofinstructions.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license)
granted by Investintechoragreed to in writing by Investintech.
“Use”, “Used” or “Using” means to access, install, download, copy or otherwise benefit from using the
functionality ofthe 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 ofthe 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 ofthe SOFTWARE solely for archivalpurposes.
Network Storage/Use -You may also store orinstalla copy ofthe SOFTWARE PRODUCT on a storage
device,such as a networkserver,Used only to installor run the SOFTWARE PRODUCT on Your other
Computers overan internal network; however,You must acquire and dedicate a license for each separate
Computer on which the SOFTWARE PRODUCT is installed orrun from the storage device.No other
networkuse is permitted, including,but not limited to,use ofthe SOFTWARE, either directly or through
commands,data or instructionsfromor to a Computer not part ofYour internalnetwork, for Internet orweb-
hosting services orby any usernot licensed to Use this copy ofthe SOFTWARE through a valid
license fromInvestintech.
No Concurrent Use - A single-Use license forthe SOFTWARE PRODUCT may not be Used concurrently on
different Computers,however,this agreement does allowa licensed userto installthe SOFTWARE
PRODUCT on both a work Computer and a home or laptop Computer,provided the SOFTWARE
PRODUCT is not in use on both machinesat 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
archivalpurposes. Such copy shallinclude in readable format any and all proprietary and copyright notices
contained on the original. Otherthan as containedin this agreement You may not copy the SOFTWARE
PRODUCT, including any documentation. Allsuch copies ofthe SOFTWARE PRODUCT are the
proprietary information of Investintech and its suppliers and are subjectto theircopyrights.
Title - Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title
to the SOFTWARE PRODUCT, orany intellectualproperty 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 foruse onmore 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
hereby.
User Interface - You may not incorporate a graphical user interface or any interface of any kind in
conjunctionwith the SOFTWAREPRODUCT.
Combination ofComponents -In conjunction with the prohibition against separation ofcomponents ofthe
SOFTWARE PRODUCT, noted above,You may not create or add components to be usedin combination
with the SOFTWARE PRODUCT, if any purpose ofsuch combinationis to package,repackage,sell,
resell, rent,sub-rent,lease orsublease any portion ofthe SOFTWARE PRODUCT to any third party to this
EULA.
Prevention ofUnauthorized Use - You shall not knowingly permit anyone to use any portionofthe
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 thatpersons employed by
You orunderYour direction and controlabide by the terms and conditions ofthis 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 shallimmediately notify Investintechin writing of such facts andYou shall
immediately use all reasonable efforts to have such unauthorized use ofthe SOFTWARE PRODUCT
immediately cease,and to recoverany copies ofthe SOFTWARE PRODUCT that were made in violation of
this EULA. Notwithstanding any otherformhereof, You will at all times remain responsible and liable for,
and shallindemnify Investintechagainst any damages orclaims arising out ofor related to,any breach ofthis
EULA by any authorized orunauthorized Userofthe SOFTWARE licenses to You hereunder.
Third Party Software - The SOFTWARE PRODUCT and its component parts are protectedby Copyright and other
proprietary rights ofInvestintechand one ormore third party software vendors who are intended
beneficiaries of this EULA. You may be held directly responsible by such vendors foracts 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 ofaction against suchthird party software
vendors thatarise underthis EULA orin connectionwith 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 orcausesofaction.
Termination - Without prejudice to any otherrights, Investintech may terminate this EULA if You fail to
comply with the terms and conditions ofthis 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 ofthe SOFTWARE
PRODUCT, for so long as the version ofthis SOFTWARE PRODUCT retains the same version numberas
the current version numberofthe SOFTWARE available for sale at the Investintech website. Forexample,
product ABCv.2.0, would still be supportedeven ifproduct ABCv.2.7 was being sold on the Investintech
website. However, ABC v.2.0 would no longerbe supportedifproduct ABCv.3.0 was available for sale
on the Investintech website. Customerand technicalsupport shallinclude reasonable efforts problem
investigationand problemsolving by the Investintechcustomerand technicalsupport team. Any patches
or specialfixes shallbe made solely at the discretion ofInvestintech and subjectto available Investintech
resources,and may require payment ofan additionalfee. Additionalinformation about Investintech
support,including hoursand howto contact Investintech forsupport,is available at the Investintech
website at: www.investintech.com.
4. COPYRIGHT
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,"incorporatedinto the SOFTWARE
PRODUCT), the accompanying printed materials,and any copies ofthe SOFTWARE PRODUCT, are
owned by Investintech orits suppliers. The SOFTWARE PRODUCT is protected by copyrightlaws and
internationaltreaty provisions. Therefore,You must treat the SOFTWARE PRODUCT like any other
copyrighted materialexcept that You may either(a) make one copy ofthe SOFTWARE PRODUCT solely for
backup orarchivalpurposes,or (b) install the SOFTWARE PRODUCT on a second Computer provided You keep
the second installation solely forbackup orarchival purposes. You may not copy any printed
materials accompanyingthe SOFTWAREPRODUCT.
5. 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 orinstall the othermedium on anotherComputer.
6. 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
accordance therewith.
7. CUSTOMER REMEDIES
Investintech'sand its suppliers'entire liability and Your exclusive remedy shallbe, at Investintech's option,
either(a) return ofthe price paid,or (b) repair or replacement of the SOFTWARE PRODUCT that does not
meet Investintech'sLimited Warranty and which is returned to Investintechwith a copy ofYour receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted fromaccident,abuse,
or misapplication.Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the
original warranty period or thirty (30) days,whicheveris longer.Outside Canada,neithertheseremedies
norany product support servicesoffered by Investintech are available without proofofpurchase froman
authorized internationalsource.
8. 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
PRODUCT.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shallInvestintech orits suppliers be
liable for any special,incidental,indirect,orconsequentialdamages whatsoever(including,without
limitation, damages for loss ofbusinessprofits,business interruption,loss ofbusiness information,orany other
pecuniary loss)arising out ofthe use oforinability to use the SOFTWARE PRODUCT, even if
Investintech hasbeen advisedofthe possibility ofsuch 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.
10. 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 orregulations.
11. U.S. GOVERNMENT END USERS
The SOFTWARE and related documentationare “Commercial Item(s),” as that termis defined at 48 C.F.R.
§2.101, consisting of“Commercial Computer Software” and “Commercial ComputerSoftware
Documentation,” as suchterms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistentwith 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 ComputerSoftware Documentation are being licensed to U.S.
Government end users (a)only as Commercial Items and (b) with only those rights as are grantedto allotherend
users pursuantto the terms andconditionsherein.
You agree that when licensing the Software forUse by the U.S. Government, or any contractortherefore,youwill
license consistentwith 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 ofDefense).
12. GOVERNING LAW
This EULA shallbe governed exclusively by the laws ofthe Province of Ontario,Canada without reference to
the United Nations Convention on Contracts forthe InternationalSale of Goods,the application ofwhich is
expressly excluded. Each of the parties hereto irrevocably attorns to the jurisdiction ofthe courts ofthe
Province of Ontario and furtheragrees to commence any litigation which may arise hereunderin the courts
located in the city of Toronto,Province of Ontario.
13. NOTICES
Should You have any questions concerning this EULA, or if You desire to contact Investintech for any
reason,please contact,orwrite:
Investintech.comInc.
425 University Avenue, Suite 600
Toronto,Ontario
Canada M5G 1T6
Phone: 416-920-5884
Web: http://www.investintech.com
14. ASSIGNMENT
This Agreement, the SOFTWARE and any rights granted to You underthis Agreement may not be
transferred or assigned by you (including,without limitation, the granting of any security interest in the
SOFTWARE or othertransmission 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 ortransfershallbe null and void.
15. SEVERABILITY
To the extent that any provision of this Agreement is declared by a court or otherlawful 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 otherprovisions.
16. 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 whomthe same is sought to be enforced. One or more waivers
of any right,obligation ordefault 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 hereunderand no partial or single exercise thereof shall be deemed of itself to constitute a
waiver of such right or any otherrights hereunder.

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LAPG READING 3

  • 1. END-USER LICENSE AGREEMENT FOR INVESTINTECH.COM INC. SOFTWARE - ABLE2EXTRACT PROFESSIONAL version7.0 IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (“You” or “Your”, eitheran individualor a single legal entity)and Investintech.comInc. ("Investintech")forthe Investintech software product identified above,which includes computersoftware and associated media and printed materials,and may include "online" orelectronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By clicking “I agree” or by downloading, installing, copying,orotherwise using allor any portion ofthe 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 opportunityto reviewthis license,you may promptly return the unused SOFTWAREPRODUCT to the place from which You obtained it within 30 days with proofof payment fora full refund. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectualproperty laws and treaties. The SOFTWARE PRODUCT is licensed,not sold. 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 ofinstructions. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Investintechoragreed to in writing by Investintech. “Use”, “Used” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality ofthe 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 ofthe 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 ofthe SOFTWARE solely for archivalpurposes. Network Storage/Use -You may also store orinstalla copy ofthe SOFTWARE PRODUCT on a storage device,such as a networkserver,Used only to installor run the SOFTWARE PRODUCT on Your other Computers overan internal network; however,You must acquire and dedicate a license for each separate Computer on which the SOFTWARE PRODUCT is installed orrun from the storage device.No other networkuse is permitted, including,but not limited to,use ofthe SOFTWARE, either directly or through commands,data or instructionsfromor to a Computer not part ofYour internalnetwork, for Internet orweb- hosting services orby any usernot licensed to Use this copy ofthe SOFTWARE through a valid license fromInvestintech. No Concurrent Use - A single-Use license forthe SOFTWARE PRODUCT may not be Used concurrently on different Computers,however,this agreement does allowa licensed userto installthe SOFTWARE PRODUCT on both a work Computer and a home or laptop Computer,provided the SOFTWARE PRODUCT is not in use on both machinesat the same time. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
  • 2. Copying Restrictions - You may make a single copy of the SOFTWARE PRODUCT for backup and archivalpurposes. Such copy shallinclude in readable format any and all proprietary and copyright notices contained on the original. Otherthan as containedin this agreement You may not copy the SOFTWARE PRODUCT, including any documentation. Allsuch copies ofthe SOFTWARE PRODUCT are the proprietary information of Investintech and its suppliers and are subjectto theircopyrights. Title - Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title to the SOFTWARE PRODUCT, orany intellectualproperty 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 foruse onmore 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 hereby. User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunctionwith the SOFTWAREPRODUCT. Combination ofComponents -In conjunction with the prohibition against separation ofcomponents ofthe SOFTWARE PRODUCT, noted above,You may not create or add components to be usedin combination with the SOFTWARE PRODUCT, if any purpose ofsuch combinationis to package,repackage,sell, resell, rent,sub-rent,lease orsublease any portion ofthe SOFTWARE PRODUCT to any third party to this EULA. Prevention ofUnauthorized Use - You shall not knowingly permit anyone to use any portionofthe 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 thatpersons employed by You orunderYour direction and controlabide by the terms and conditions ofthis 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 shallimmediately notify Investintechin writing of such facts andYou shall immediately use all reasonable efforts to have such unauthorized use ofthe SOFTWARE PRODUCT immediately cease,and to recoverany copies ofthe SOFTWARE PRODUCT that were made in violation of this EULA. Notwithstanding any otherformhereof, You will at all times remain responsible and liable for, and shallindemnify Investintechagainst any damages orclaims arising out ofor related to,any breach ofthis EULA by any authorized orunauthorized Userofthe SOFTWARE licenses to You hereunder. Third Party Software - The SOFTWARE PRODUCT and its component parts are protectedby Copyright and other proprietary rights ofInvestintechand one ormore third party software vendors who are intended beneficiaries of this EULA. You may be held directly responsible by such vendors foracts 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 ofaction against suchthird party software vendors thatarise underthis EULA orin connectionwith 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 orcausesofaction.
  • 3. Termination - Without prejudice to any otherrights, Investintech may terminate this EULA if You fail to comply with the terms and conditions ofthis 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 ofthe SOFTWARE PRODUCT, for so long as the version ofthis SOFTWARE PRODUCT retains the same version numberas the current version numberofthe SOFTWARE available for sale at the Investintech website. Forexample, product ABCv.2.0, would still be supportedeven ifproduct ABCv.2.7 was being sold on the Investintech website. However, ABC v.2.0 would no longerbe supportedifproduct ABCv.3.0 was available for sale on the Investintech website. Customerand technicalsupport shallinclude reasonable efforts problem investigationand problemsolving by the Investintechcustomerand technicalsupport team. Any patches or specialfixes shallbe made solely at the discretion ofInvestintech and subjectto available Investintech resources,and may require payment ofan additionalfee. Additionalinformation about Investintech support,including hoursand howto contact Investintech forsupport,is available at the Investintech website at: www.investintech.com. 4. COPYRIGHT 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,"incorporatedinto the SOFTWARE PRODUCT), the accompanying printed materials,and any copies ofthe SOFTWARE PRODUCT, are owned by Investintech orits suppliers. The SOFTWARE PRODUCT is protected by copyrightlaws and internationaltreaty provisions. Therefore,You must treat the SOFTWARE PRODUCT like any other copyrighted materialexcept that You may either(a) make one copy ofthe SOFTWARE PRODUCT solely for backup orarchivalpurposes,or (b) install the SOFTWARE PRODUCT on a second Computer provided You keep the second installation solely forbackup orarchival purposes. You may not copy any printed materials accompanyingthe SOFTWAREPRODUCT. 5. 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 orinstall the othermedium on anotherComputer. 6. 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 accordance therewith. 7. CUSTOMER REMEDIES
  • 4. Investintech'sand its suppliers'entire liability and Your exclusive remedy shallbe, at Investintech's option, either(a) return ofthe price paid,or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Investintech'sLimited Warranty and which is returned to Investintechwith a copy ofYour receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted fromaccident,abuse, or misapplication.Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days,whicheveris longer.Outside Canada,neithertheseremedies norany product support servicesoffered by Investintech are available without proofofpurchase froman authorized internationalsource. 8. 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 PRODUCT. 9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES To the maximum extent permitted by applicable law, in no event shallInvestintech orits suppliers be liable for any special,incidental,indirect,orconsequentialdamages whatsoever(including,without limitation, damages for loss ofbusinessprofits,business interruption,loss ofbusiness information,orany other pecuniary loss)arising out ofthe use oforinability to use the SOFTWARE PRODUCT, even if Investintech hasbeen advisedofthe possibility ofsuch 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. 10. 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 orregulations. 11. U.S. GOVERNMENT END USERS The SOFTWARE and related documentationare “Commercial Item(s),” as that termis defined at 48 C.F.R. §2.101, consisting of“Commercial Computer Software” and “Commercial ComputerSoftware Documentation,” as suchterms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistentwith 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 ComputerSoftware Documentation are being licensed to U.S. Government end users (a)only as Commercial Items and (b) with only those rights as are grantedto allotherend users pursuantto the terms andconditionsherein. You agree that when licensing the Software forUse by the U.S. Government, or any contractortherefore,youwill license consistentwith 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 ofDefense). 12. GOVERNING LAW This EULA shallbe governed exclusively by the laws ofthe Province of Ontario,Canada without reference to the United Nations Convention on Contracts forthe InternationalSale of Goods,the application ofwhich is expressly excluded. Each of the parties hereto irrevocably attorns to the jurisdiction ofthe courts ofthe Province of Ontario and furtheragrees to commence any litigation which may arise hereunderin the courts
  • 5. located in the city of Toronto,Province of Ontario. 13. NOTICES Should You have any questions concerning this EULA, or if You desire to contact Investintech for any reason,please contact,orwrite: Investintech.comInc. 425 University Avenue, Suite 600 Toronto,Ontario Canada M5G 1T6 Phone: 416-920-5884 Web: http://www.investintech.com 14. ASSIGNMENT This Agreement, the SOFTWARE and any rights granted to You underthis Agreement may not be transferred or assigned by you (including,without limitation, the granting of any security interest in the SOFTWARE or othertransmission 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 ortransfershallbe null and void. 15. SEVERABILITY To the extent that any provision of this Agreement is declared by a court or otherlawful 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 otherprovisions. 16. 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 whomthe same is sought to be enforced. One or more waivers of any right,obligation ordefault 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 hereunderand no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any otherrights hereunder.