This is an agreement made between you (the user of the software)
Leapbeyond Solutions Inc.
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE RUNNING THE COMPUTER SOFTWARE HEREIN, AND THE ACCOMPANYING USER
DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED
(NOT SOLD). BY RUNNING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO
THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND
BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY DELETE THE
SOFTWARE AND ACCOMPANYING FILES. THIS LICENSE AGREEMENT REPRESENTS THE
ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND ACR DATA RECOVERY
SOFTWARE, INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES
ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
1. License Grant. Licensor hereby grants to you, and you
accept, a nonexclusive license to use the Program Diskettes and the
computer programs contained therein in machine-readable, object code
form only (collectively referred to as the "Software"), and the
accompanying User Documentation, only as authorized in this License
Agreement. You agree that you may not reverse assemble, reverse
compile, or otherwise translate the Software.
2. Licensor's Rights. You acknowledge and agree that the
Software and the User's Manual are proprietary products of Licensor
protected under U.S. and International copyright law. You further
acknowledge and agree that all right, title, and interest in and to the
Program, including associated intellectual property rights, are and
shall remain with Licensor. This License Agreement does not convey to
you an interest in or to the Program, but only a limited right of use
revocable in accordance with the terms of this License Agreement.
3. License Fees. The license fees paid by you are paid in
consideration of the licenses granted under this License Agreement. If
you received the software for demonstration purposes and/or no fee was
charged, this in no way effects the terms of this agreement.
4. Term. This License Agreement is effective upon your
receiving the software, either on disk or by electronic transfer of any
type and shall continue until all copies of the software are deleted.
You may terminate this License Agreement at any time by deleting the
Program and all copies thereof and extracts therefrom. Licensor may
terminate this License Agreement upon the breach by you of any term
hereof. Upon such termination by Licensor, you agree to return to
Licensor the Program and all copies and portions thereof.
5. Limited Warranty. The software is supplied without any
warranty. You agree that the foregoing constitutes your sole and
exclusive remedy for breach by Licensor of any warranties made under
this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM,
AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. Licensor's cumulative liability
to you or any other party for any loss or damages resulting from any
claims, demands, or actions arising out of or relating to this
Agreement shall not exceed the license fee paid to Licensor for the use
of the Program . In no event shall Licensor be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost
profits, even if Licensor has been advised of the possibility of such
damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Trademark. Contact Communications Logging is a registered trademark
of Licensor. No right, license, or interest to such trademark is granted
hereunder, and you agree that no such right, license, or interest
shall be asserted by you with respect to such trademark.
8. Governing Law. This License Agreement shall be construed
and governed in accordance with the laws of the Province of Ontario.
9. Costs of Litigation. If any action is brought by either
party to this License Agreement against the other party regarding the
subject matter hereof, the prevailing party shall be entitled to
recover, in addition to any other relief granted, reasonable attorney
fees and expenses of litigation.
10. Severability. Should any term of this License Agreement
be declared void or unenforceable by any court of competent
jurisdiction, such declaration shall have no effect on the remaining
11. No Waiver. The failure of either party to enforce any
rights granted hereunder or to take action against the other party in
the event of any breach hereunder shall not be deemed a waiver by that
party as to subsequent enforcement of rights or subsequent actions in
the event of future breaches.