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End User License Agreement (EULA)
This End User License Agreement ("EULA" or the "Agreement") is a legal agreement between you ("End User") and Integrated Business Applications ("IBA") covering the use of all IBA software, software upgrades, printed materials, "online" or electronic documentation, and Internet-based services and support ("Software"). Integrated Business Applications and ASCS are trade names of D. E. French Inc.

  1. GRANT OF LICENSE: Providing the End User agrees with and adheres to all terms set out in the EULA, IBA grants the End User the following rights:
    1. a non-exclusive, non-transferable, limited license, pursuant to the terms of the EULA, to install and use the Software; and
    2. the right to make copies of any IBA documentation, provided these copies are used for personal purposes only. This documentation may not be republished or redistributed in either hard copy or electronically.
  2. FEE FOR USE: IBA reserves the right to establish a fee for using subsequently released versions of the Software and IBA may adjust the fee, at its discretion, without notice.
  3. RESERVATION OF RIGHTS AND OWNERSHIP: The Software is licensed under the terms of the EULA and not sold to the End User. The Software is protected by Canadian and United States copyright laws and international treaty provisions, as well as other intellectual property laws. Except as explicitly granted in the EULA, the Software and all customizations are owned by IBA, including all intellectual and proprietary rights related to the Software.
  4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY: The End User may not reverse engineer, decompile, or disassemble the Software.
  5. NO RENTAL OR COMMERCIAL HOSTING: The End User may not rent, lease, lend or provide commercial hosting services using the Software without written agreement from IBA.
  6. REDISTRIBUTION: The End User agrees not to redistribute any IBA Software either in whole or part, on its own or as part of another product, or in any other form.
  7. SOFTWARE SUPPORT: IBA may, at its sole discression, provide the End User with support services related to the Software. Support services are provided under the following conditions:
    1. the provision of any support service is governed exclusively by the policies of IBA and this Agreement;
    2. the details of any support programs may be provided through printed materials, online documentation, or the IBA website;
    3. the supply of technical support services may be subject to the payment of a fee in an amount identified, and the terms outlined on the IBA website;
    4. the End User agrees to provide IBA with information specific to the End User installation when deemed necessary by IBA in order to provide support services;
    5. the End User agrees to install the latest Software update available from IBA, when requested, as a condition of IBA providing support services; and
    6. IBA is not obligated to provide support services, and may at its discretion choose to cancel the End User support account and refund (on a prorated basis) the balance outstanding (owing to the End User) on the End User support account.
  8. TERMINATION: The EULA is in force unless earlier termination has occured as set forth herein. Without prejudice to any other rights, IBA may terminate the EULA without notice if the End User fails to abide by any of the terms and conditions set forth in the EULA. Without limiting the generality of the foregoing, the following conditions apply to termination:
    1. upon termination, the End User will immediately stop all use of the Software and destroy all copies of the Software and any related documentation in the possession or control of the End User; and
    2. termination of the EULA will not limit the rights of IBA to seek remedies at law.
  9. DISCLAIMER OF WARRANTIES: The End User acknowledges and agrees that all IBA Software (including: printed materials, "online" or electronic documentation, and Internet-based services and support) are provided "as is" and without warranty whatsoever, guarantees of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, currency, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
  10. LIMITATION OF LIABILITY: IBA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind or nature whatsoever, arising out of or in any way related to the use of (or the interrupted use of) any IBA Software (however arising, including, but not limited to, contract, tort or negligence) even if IBA has been advised of the possibility of such damages. Without limiting the generality of the foregoing, IBA shall not be liable for any damages related to or resulting from:
    1. damages to existing equipment, software configurations, or data resulting from the installation, configuration or use of the Software;
    2. any interruption in the use of the Software;
    3. any transaction entered into through or processed by the Software;
    4. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through, from or as a result of using the Software;
    5. the loss of profits as a result of using, or interrupted use of, the Software;
    6. authorized or unauthorized access to or alteration of any transmission or data;
    7. any delay or failure in performance under this Agreement; or
    8. a malfunction of the software.
  11. PRIVACY: The End User agrees to be bound by and comply with any Privacy Statement applicable to the Software and any other policies governing the use of the Software for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice of.
  12. NO WAIVER OF PROVISION: A failure by IBA to exercise or enforce any right or provision of the EULA shall not constitute a waiver of that right or provision.
  13. ASSIGNMENT: You may not assign this Agreement to another party without the explicit, written consent of IBA.
  14. GOVERING LAW: The EULA shall be interpreted in accordance with the laws of the province of Newfoundland and Labrador in the Country of Canada, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Parties to this Agreement submit to the jurisdiction of, and waive any venue objections against, the provincial and federal courts in Newfoundland and Labrador and Canada.
  15. SEVERABILITY: The invalidity or unenforceability of any provision or part of any provision of the EULA shall not affect the validity or enforceability of any other provision or part thereof, and any such invalid or unenforceable provision or part thereof will be deemed to be separate, severable and distinct, and no provision or part thereof will be deemed dependent upon any other provision or part thereof unless expressly provided for herein.
  16. SUCCESSOR AGREEMENTS: The terms and conditions of this Agreement may change in the future. In such case, and when appropriate, new terms and conditions will be posted to the IBA website. The End User agrees that the continued use of the Software and IBA website indicates your consent to the revised terms and conditions unless the End User uninstalls all Software and destroy all copies of same.
  17. SURVIVAL: Sections 3, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.
  18. ENTIRE AGREEMENT: These terms and conditions, as modified from time to time as described above, and including policies and documents incorporated by reference, set forth the entire understanding and agreement between IBA and the End User with respect to the Software, and supersedes and replaces all negotiations, correspondence, letters of intent and prior agreements or understandings related to the use of all IBA Software, whether written or oral.
  19. CONTACT: Any questions concerning this Agreement, should be forwarded to legal@ascs.ca
Additional Information
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© Integrated Business Applications
All Rights Reserved
End User
License Agreement (EULA)
Terms of Use
© Integrated Business Applications
All Rights Reserved

End User
License Agreement (EULA)

Terms of Use