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www.ayanova.com/r/license.htm
2022-07-21 20:58:31 +00:00

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<h1>License agreement</h1>
<p>END-USER SOFTWARE LICENSE AGREEMENT</p>
<p>
THIS IS AN IMPORTANT LEGAL AGREEMENT. PLEASE READ IT
CAREFULLY.
</p>
<p>
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").
</p>
<p>
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.
</p>
<p>
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.
</p>
<ol>
<li>
<p>
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".)
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
Enurement. This Agreement will bind and enure to the
parties hereto and their respective lawful
successors and permitted assigns.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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.
</p>
</li>
<li>
<p>
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
</p>
</li>
<li>
<p>Processing of Personal Information</p>
</li>
</ol>
<p>
Ground Zero will comply with all applicable laws pertaining
to personal data including GDPR (General Data Protection
Regulation).
</p>
<p>A: Data obtained</p>
<p>
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.
</p>
<p>
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.
</p>
<p>B: Marketing</p>
<p>
Ground Zero will not share your information for marketing
purposes with companies outside Ground Zero Tech-Works Inc.
</p>
<p>C: Use and Sharing of Data</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>D: Data Security</p>
<p>
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:
</p>
<p>
(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.
</p>
<p>E: Deleting of Data</p>
<p>
(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.
</p>
<p>
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.
</p>
<p>
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.
</p>
<p>
I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY
AND AGREE TO BE LEGALLY BOUND BY THEM.
</p>
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