License agreement
+ +END-USER SOFTWARE LICENSE AGREEMENT
++ THIS IS AN IMPORTANT LEGAL AGREEMENT. PLEASE READ IT + CAREFULLY. +
++ This End-User License Agreement (the "Agreement") is a legal + agreement between you and Ground Zero Tech-Works Inc. + ("Ground Zero") for Ground Zero's AyaNova software, + including all previous versions thereof and all + replacements, supplements, upgrades and updates thereto + provided to you by Ground Zero (the "Software") and all + associated documentation (the "Documentation"). +
++ If you are installing or using the Software at work or under + contract, then you are contracting on behalf of the + corporation or organization for which you are working. You + must ensure you have the legal authority and ability to do + so. +
++ IF YOU CLICK "I ACCEPT THE AGREEMENT", AND/OR BY USING THE + SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS + AGREEMENT IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY + THEM. If you do not agree to the terms of this Agreement, + you may not use the Software. +
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+ Licenses. Subject to the terms and conditions below, + Ground Zero hereby grants to you a non-transferable + and non-exclusive right to use the Software, solely + in object-code format, on any number of computers at + any one time. Ground Zero also grants to you a + non-transferable and non-exclusive right to copy the + Documentation, as long as such copies are not + republished or distributed to any third-party. + (Collectively, these licenses are called the + "Licenses".) +
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+ Restrictions on Use. You agree that you will not do + any of the following without prior written + authorization by Ground Zero: (a) lease, export or + grant a sublicense with respect to the Software or + Documentation to any other party; (b) reverse + engineer, decompile or disassemble the Software; (c) + use the Software or Documentation except as + authorized herein; (d) permit third-parties to use + the Software or Documentation in any way that would + constitute a breach of this Agreement; (e) rent, + lease, or lend the Software or Documentation; or (f) + incorporate the Software or Documentation in whole + or in part into any other software or documentation. +
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+ Evaluation Version. The Software is available in + either an "evaluation" version or a "registered" + version. All copies of the Software downloaded from + Ground Zero's web-site begin as evaluation versions. + If Ground Zero has not given you a license key and + permission to use the registered version, you may + only use the evaluation version. You may use the + evaluation version for 45 days without charge, but + the functionality of the Software will be + significantly limited. You may not modify the + Software or any part of the Software to gain access + to additional features or functionality. You may + register the Software by paying the fee and agreeing + to the terms and conditions set-out on Ground Zero's + website at www.ayanova.com. +
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+ Databases. The Software stores all user data in a + single database (the "Database"). If Ground Zero has + given you a license key and permission to use the + registered version of the Software, you may only use + that license key in association with one Database. A + separate, unique license key is required for each + Database you create, maintain or access using the + registered version of the Software. You may also + purchase a replacement license key from Ground Zero + to further increase the functionality of the + Software; however, once you have installed the + replacement license key you may no longer use the + original license key, and you may still only use the + replacement license key in association with only one + Database. You may copy the Databases to any storage + medium other than a computer, but only for backup + purposes. +
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+ Ownership and Copyright. Ground Zero is the sole + owner of all right, property and title in and to the + Software, the Documentation, and the copyright, + logos, trade-marks, trade names, trade secrets, + confidential information, patents, inventions, + images, text, video, audio, and designs therein. +
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+ Service. Ground Zero may provide technical support + and service to you upon your request based on your + subscription(s). The price and other terms and + conditions of Ground Zero's services are set-out on + Ground Zero's website at www.ayanova.com, and may be + changed at any time by Ground Zero. +
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+ Termination. Without prejudice to any of Ground Zero + 's other rights in this Agreement or at law or + equity, this Agreement will immediately terminate if + you fail to comply with any of these terms and + conditions. Upon termination, you must destroy all + copies of the Software and Documentation. The + provisions in sections 7, 8, 9 and 10 of this + Agreement will survive the termination of this + Agreement. +
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+ Disclaimer of Conditions and Warranties. To the + maximum extent permitted by applicable law, GROUND + ZERO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY + OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED + TO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF + TITLE, NON-INFRINGEMENT, CORRESPONDENCE TO + DESCRIPTION, MERCHANTABLE QUALITY AND FITNESS FOR A + PARTICULAR PURPOSE. GROUND ZERO DOES NOT WARRANT + THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT + ITS OPERATION WILL BE ERROR-FREE, THAT IT WILL + PERFORM OR APPEAR EXACTLY AS DESCRIBED IN THE + DOCUMENTATION, OR THAT ITS OPERATION WILL NOT + NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THE + ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE + SOFTWARE REMAINS WITH YOU. +
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+ Exclusion of Liability. TO THE MAXIMUM EXTENT + PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GROUND + ZERO BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY + DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR + CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO + DAMAGES FOR LOSS OF PROFITS, INFORMATION OR PRIVACY, + FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR + FAILURE TO MEET ANY DUTIES INCLUDING THOSE OF GOOD + FAITH AND OF REASONABLE CARE, FOR NEGLIGENCE, AND + FOR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN + ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE + THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT, + NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR + BREACH OF WARRANTY OF GROUND ZERO, AND EVEN IF + GROUND ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF + SUCH DAMAGES. +
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+ Limitation of Liability. If, despite the limitations + in this Agreement, Ground Zero becomes liable to you + or to any third party, in no event will Ground Zero + be liable for any monetary amount that, in the + aggregate, is greater than the total amounts paid or + due Ground Zero pursuant to this Agreement. +
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+ Governing Law. This Agreement and the relationship + between the parties will be interpreted according to + the laws in force in British Columbia, Canada. The + courts of British Columbia will have jurisdiction + over all claims, disputes, and actions related to + this Agreement, and the parties attorn to the + jurisdiction of those courts. +
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+ Enurement. This Agreement will bind and enure to the + parties hereto and their respective lawful + successors and permitted assigns. +
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+ Entire Agreement. This Agreement forms the entire + agreement between you and Ground Zero and there are + no agreements collateral to this Agreement. This + Agreement supercedes all prior written, oral and + other agreements between you and Ground Zero with + respect to the Software and Documentation and any + parts or components thereof. No term or provision of + this Agreement may be changed, waived or terminated + except by a further written or electronic agreement + between you and Ground Zero. +
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+ Assignment. Ground Zero may transfer or license any + of its rights under this Agreement. You may not + license any of your rights under this Agreement, but + you may transfer the Software and Documentation to + another user if you transfer all of your rights + under this Agreement to that new user, cease using + the Software and Documentation, erase and destroy + all any copies you have of the Software or + Documentation, and ensure the new user agrees to the + terms and conditions of this Agreement. +
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+ Severability. If any provision of this Agreement is + held to be invalid, illegal or unenforceable, the + validity, legality and enforceability of the + remaining provisions will not in any way be affected + or impaired. +
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+ Further Assurances. You will execute and deliver to + Ground Zero any additional documents and take any + additional steps that may be required to give full + effect to the intent expressed in this Agreement. +
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+ Notice. All notices and other communication to + Ground Zero must be made in writing and delivered to + 05-3610 Christie Parkway Courtenay B.C. Canada V9J + 9T6 or e-mailed to legal@ayanova.com +
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Processing of Personal Information
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+ Ground Zero will comply with all applicable laws pertaining + to personal data including GDPR (General Data Protection + Regulation). +
+A: Data obtained
++ Information about you (such as your email address, name, + company information) is provided to us when you email us + (such as when you email us directly, email us via our online + form, email us via our online temporary Key request form) or + when you register on our AyaNova Support Forum. +
++ Information you provided in your order (such as your company + name, company contact information, contact name, along with + the AyaNova products/services/subscriptions purchased) is + sent to us from our payment processing partner with whom you + placed your order. +
+B: Marketing
++ Ground Zero will not share your information for marketing + purposes with companies outside Ground Zero Tech-Works Inc. +
+C: Use and Sharing of Data
++ Personal data you provided when you contact us (such as when + you email us directly, email us via our online form, email + us via our online temporary Key request form or register on + our AyaNova Support Forum) will be used to provide technical + support, to respond to user inquiries, to provide temporary + Key(s), to maintain case and bug issues reported by you, and + to send you relevant AyaNova information. +
++ Ground Zero will also receive your company information you + provided to our payment processing partner, so that we may + process your product/service/subscription order. +
++ Ground Zero may monitor usage of Ground Zero websites to + gather statistical information that it may disclose to third + parties. This data will only be shared in an anonymised + form. +
++ In the event that your AyaNova database is hosted with a + third party and support is requested by you or your hosting + company, exchange of your contact information and company + information may occur so that we may confirm eligibility for + support and to provide support. +
+D: Data Security
++ Ground Zero has implemented measures to protect customer + data against improper access, disclosure, or loss. The + security measures and processes that are in effect include + but are not limited to: +
++ (i) Ground Zero expressly commits to restrict access to + customer data to only those individuals who require such + access to perform their job function. (ii) Login + transactions are encrypted with HTTPS (TLS) and passwords + are stored hashed. (iii) Encryption of all data stored in + backup. (iv) Ground Zero will only provide your personal + data to third parties where it is obliged to do so by law. +
+E: Deleting of Data
++ (i) Temporary key requests without subsequent purchase will + be deleted within one year. (ii) Email correspondence + without subsequent purchase will be deleted within two years + except where required for maintaining case and support + history. (iii) Email correspondence including temporary key + requests with subsequent subscription purchase will be + retained for the life of your subscription. Once a + subscription has been allowed to lapse (not renewed), + correspondence will be deleted within two years except where + required for maintaining case and support history. (iv) + Customer information obtained through AyaNova Support Forum + registration will be deleted within three years of forum + login inactivity. (v) Purchase information along with + company information as provided by our payment processing + partner will be retained for a minimum of six years after + the end of the taxation year to which they relate as per the + Canada Revenue Agency and no longer than 10 years after + which will be deleted within one year. +
++ I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE TERMS AND + CONDITIONS AND ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS + FORM PART OF THIS AGREEMENT. I AGREE THAT A PRINT-OUT OF + THIS AGREEMENT WILL CONSTITUTE A "WRITING" UNDER ANY + APPLICABLE LAWS. +
++ IF I AM INSTALLING OR USING THIS SOFTWARE AT WORK OR UNDER + CONTRACT, I AM ENTERING THIS AGREEMENT ON BEHALF OF THE + CORPORATION OR ORGANIZATION FOR WHICH I AM WORKING, AND I + HAVE THE LEGAL AUTHORITY AND ABILITY TO DO SO. +
++ I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY + AND AGREE TO BE LEGALLY BOUND BY THEM. +
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