in-canada.com: Terms and Conditions

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TERMS AND CONDITIONS

in-canada.com® Support IMPORTANT -- READ CAREFULLY: This Terms of Use Agreement ("AGREEMENT") is a legal agreement between you and in-canada.com solutions, which governs: 1) your access to and receipt of support, including in-canada.com remote access to your system to analyze problems, sources of problems, and when appropriate, to fix problems (collectively the “SUPPORT”); and 2) your use of documents (“Documents”), support software in the form of hotfixes, updates, bug fixes, workarounds, patches, or other software that in-canada.com provides to you in the course of providing Support or which is otherwise located on this website (collectively the “SOFTWARE"). By clicking on "I accept" you agree to be bound by the terms of this AGREEMENT. In addition, by utilizing SUPPORT or this website, you will be deemed to have accepted the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, you are not authorized to use this website or SOFTWARE. In order for your in-canada.com Support Professional to effectively diagnose your problem, some machine configuration data and personally identifiable information will need to be collected. For more information about the data collection and use practices, please refer to the Privacy Statement. Software License: The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights not expressly granted herein are reserved. 1. GRANT OF LICENSE. This AGREEMENT grants you the following rights: SOFTWARE. You may install and use one copy of the SOFTWARE on a single computer for your internal use provided that you maintain the copyright notice on all copies of the SOFTWARE. in-canada.com® may provide you with SOFTWARE, via Remote Access, to assist with problem diagnosis and/or resolution. Such SOFTWARE is the property of in-canada.com® and you must return it to in-canada.com® promptly upon request. You may not modify, reproduce or distribute the SOFTWARE. Any modification, reproduction or redistribution of the SOFTWARE may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Rental. You may not rent or lease the SOFTWARE. Software Transfer. You may not transfer your rights under this AGREEMENT. Termination. Without prejudice to any other rights, in-canada.com® may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE. 3. CONSENT TO USE OF DATA. You agree that in-canada.com® and its affiliates may collect and use technical information gathered during the product support services provided to you, if any, related to the SOFTWARE. 4. INTELLECTUAL PROPERTY RIGHTS. All rights, title and interests in and to the intellectual property rights embodied in the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials (if any), and technical resolutions to support requests are owned by in-canada.com® or its suppliers. 5. LIMITED WARRANTY. THE SOFTWARE, SUPPORT AND ACCESS TO THIS WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SOFTWARE, SUPPORT AND ACCESS TO THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in-canada.com® AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITH REGARD TO THE SOFTWARE AND THIS WEBSITE, in-canada.com® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE CAN BE CORRECTED. FURTHERMORE, in-canada.com® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY in-canada.com® OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE AFTER in-canada.com® HAS DELIVERED THE SAME, YOU SHALL ASSUME THE ENTIRE COST ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 6. CUSTOMER WARRANTY. YOU WILL NOT ALLOW ANY PERSON WHO IS NOT AUTHORIZED BY YOU, OR WHO HAS NOT ACCEPTED THE TERMS OF THIS AGREEMENT TO ACCESS THIS WEBSITE OR SUBMIT SUPPORT REQUESTS FROM YOUR COMPUTER. 7. LIMITATION OF LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL in-canada.com® 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 OR THIS WEBSITE, OR ARISING AS A RESULT OF in-canada.com® PROVISION OR FAILURE TO PROVIDE SUPPORT, EVEN IF in-canada.com® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES AND STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN ANY EVENT, in-canada.com®'S LIABILITY TO YOU SHALL NOT EXCEED CAD$30.00. 8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE. Elements of in-canada.com® websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any in-canada.com® website may be copied or retransmitted unless expressly permitted by in-canada.com®. in-canada.com® AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. in-canada.com® AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. 9. USE TERMS. in-canada.com® reserves the right to change the terms under which SUPPORT and Remote Access and the SOFTWARE are provided. Your continued use of SUPPORT or this website will be deemed to be your acceptance of any changes to the terms. 10. LINKS TO WEBSITES. THE LINKS IN THIS WEBSITE MAY TAKE YOU OUTSIDE OF THIS WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF in-canada.com® AND in-canada.com® IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. in-canada.com® IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. in-canada.com® IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OR THE CONTENT IN ANY LINK DOES NOT IMPLY ENDORSEMENT BY in-canada.com® OF THE SITE OR THE CONTENTS THEREIN. Last Updated April 5, 2007

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