THIS IS A DISCLAIMER. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS HEREIN, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE LICENCED PROGRAM.
1.1 Subject to the terms and conditions of this Agreement, the Canadian Agency for Drugs and Technologies in Health (the “Licensor”) grants to You a non-exclusive, non-transferable licence to use the Software Program accessed through this website for your own internal use in connection with viewing the report attached herein. The Software Program and its related documentation are together referred to as the "Licenced Program".
2.1 Except as expressly provided herein, You shall not use, print, copy, translate, adapt, create derivative works from, record, transmit, display, disclose, publish, encumber by way of security interest or otherwise, pledge or transfer, assign, distribute or otherwise deal with the Licenced Program in whole or in part.
2.2 You shall refrain from and shall prevent others from reverse assembling, decompiling or applying any procedure to the Licenced Program in order to derive and/or appropriate for use, the source code or source listings for the Licenced Program.
3.1 THE LICENCED PROGRAM IS PROVIDED FREE OF CHARGE AND “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE LICENCED PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE LICENCED PROGRAM. THE COMPANY MAKES NO WARRANTY THAT THE LICENCED PROGRAM WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS OF WORKMANSHIP, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NONINFRINGEMENT WITH RESPECT TO THE LICENCED PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE LICENCED PROGRAM WILL MEET ALL OF YOUR NEEDS OR THAT OPERATION OF THE LICENCED PROGRAM WILL BE ERROR-FREE. LICENSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENCED PROGRAM.
4.2 In no event whatsoever, regardless of the form OR CAUSE of action WHETHER IN CONTRACT OR TORT or the number of claims asserted, and whether in respect of a breach or default in the nature of a breach of condition or fundamental term or of a fundamental breach OR AS A RESULT OF NEGLIGENCE shall Licensor be liable for any claims made by You. Licensor shall not be liable for indirect or consequential damages. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE LICENCED PROGRAM AND THE INFORMATION CONTAINED IN OR COMPILED BY THE LICENCED PROGRAM.
4.3 Licensor shall not be liable in any way whatsoever, whether as a result of a claim or action in contract or tort OR OTHERWISE for any indirect, special or consequential damages OR FOR lost profits or lost business revenue, lost business, failure to realize expected savings, or other commercial or economic loss of any kind whatsoever, or FOR any damages, direct or indirect, special or consequential arising out of any claim against You by any person whether or not such damages WERE foreseeable and whether or not Licensor HAD been advised of the possibility of such COSTS, LOSSES OR damages.
5.1 The Term of this Agreement shall continue from the date of acceptance to the date at which You remove the Licenced Program from your computer. Section 4 herein shall survive termination of this Agreement.
5.2 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Any dispute between You and Licensor regarding this Agreement will be subject to the exclusive venue of Ottawa, Ontario. This Agreement is the entire agreement between You and Licensor and supersedes any other communications or advertising with respect to the Licenced Program and documentation. If any provision of this Licence is held to be unenforceable that provision shall be severed from this Licence and shall be replaced with a provision which is legally enforceable which reflects the intention of the parties to the maximum extent possible and the remainder of this Licence shall continue in full force and effect.
6.1 Should You have any questions concerning this Agreement, or if You desire to contact Licensor for any reason, please contact firstname.lastname@example.org.
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