END USER CATALOG LICENSE AGREEMENT
PLEASE READ this End User Catalogue License Agreement before installing this Package.
BY INSTALLING THIS SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS END USER CATALOG LICENSE AGREEMENT.
1-DEFINITIONS
In this Agreement, the following expressions shall have the following meanings:
| Agreement |
Shall have the same meaning as EUCLA. |
| Automation Studio |
Means the Automation Studio TM software, owned by Famic, as described in the brochures available in the Web site www.automationstudio.com. |
| Catalogue |
Shall have the same meaning as Component Catalogue. |
| Component Catalogue |
Means the data base that contains Product descriptions in machine readable form implemented by Famic to be specifically used with Automation Studio TM together with other deliverables (Documentation, installation procedure, etc.) developed by Famic and any improved, modified or corrected versions of such deliverables. Two types of Component Catalogue are available: (1) Famic Catalogue that contains Component descriptions from by several Manufacturers and (2) Specific Manufacturer Catalogue which contains descriptions of Components from a specific Manufacturer. The Catalogue explained here must not be confused with the Catalogueue Module available within Automation Studio™ and offers the functions required to exploit the Component Catalogue. |
| Components |
Means the Fluid Power, Electrical and related equipment manufactured by Manufacturer, as this group of items is amended from time to time by Manufacturer. |
| Documentation |
Means the written documentation, whether in electronic or printed format, online or offline, provided by Famic with Catalogue in order to explain its proper installation, operation and use. |
| EUCLA |
Means the End User Catalogueue License Agreement displayed at the first installation of every Catalogue version (this document). |
| Famic |
Means Famic Technologies Inc. |
| Intellectual Property Rights |
Mean all the rights, titles and interests, including copyrights and patent rights, as well as trademark rights, goodwill, trade secret, know how, and moral rights. |
| License |
Means the license granted by Famic to Licensee to use Catalogue and subject to the terms and conditions set out in this EUCLA. |
| Licensee |
Means the End User who will be using Catalogue. Licensee is an Automation Studio™ user. |
| Manufacturer |
Means the entity (company) that manufactures Fluid Power, Electrical and related equipment and keeps updated Technical Data and Commercial Information with regard thereto available to its clients through various media types including its website and/or printed material. |
| Party |
Means Famic or Licensee. |
| Parties |
Means Famic and Licensee. |
| Software |
Shall have the same meaning as Automation Studio™, which use is subject to the terms and conditions expressed in the End User Software License and Maintenance Agreement (EUSLMA). |
| Technical Data and Commercial |
Information Means the technical data and commercial information that Manufacturer makes available to the public with respect to the Components, as updated and amended from time to time. |
2- GRANT OF LICENSE TO USE
Subject to the acceptance of all terms and conditions of this EUCLA, Famic grants Licensee a free of charge, non-exclusive License to use the copy of the Catalogue and Documentation and subject to the accompanying documentation.
3-OWNERSHIP AND LIMITED TITLE WARRANTY
Famic holds and retains all Intellectual Property Rights attached to Catalogue and Documentation, regardless of the form or media in or on which the original Catalogue and Documentation copies may exist. This EUCLA is not a sale.
Famic represents and warrants that: (i) Catalogue and Documentation have been entirely conceived and created by Famic; and that (ii) to the best of its knowledge, after reasonable investigation, Catalogue and Documentation do not violate any Intellectual Property Rights of any third party in Canada and United States of America.
This Ownership and Limited Title Warranty statement does not affect the intellectual property rights that Manufacturers or other parties may hold upon Technical Data and Commercial Information related to the Components they manufacture or sell.
The above shall constitute the entirety of the Title Warranty given to Licensee by FAMIC with regard to Catalogue and Documentation.
4-COPYRIGHT
All information accessible through the Catalogue, including texts, photographs, images, illustrations, test files, technical data, mathematical models, and other elements ("Content") is protected by copyright and is either the property of Famic and/or third party regarded as provider of Content. Licensee must comply with all restrictions on copyright.
5-TRADEMARK & LOGOS
Trademarks, logos, icons, marks of service and other names of products and/or services displayed in the Catalogue, whether registered or not, belong to Famic or to other parties (Manufacturers). This EUCLA does not confer to Licensee any right or permission whatsoever to use the said trademarks, logos, icons, marks of service and other names.
Furthermore, Famic retains the absolute and unconditional right to ensure respect for its Intellectual Property Rights by all legal means, including civil and criminal proceedings.
6-LIMITED WARRANTY
This Limited Warranty shall not apply to any Catalogue that may have been subjected to abuse, accident or disaster, or that may have been modified by Licensee or used in a manner contrary to the instructions in effect pertaining to its installation and/or operation, or contrary to industry standards or the provisions of this EUCLA.
No oral or written information or advice given by Famic shall create a warranty or in any way increase the scope of this Limited Warranty and Licensee may not rely on any such information or advice.
6.1 Catalogue and Documentation
Famic supplies Catalogue and Documentation “AS IS” and do not warrant that they will meet Licensee requirements, are error free, or that all errors will be corrected.
6.2 Disclaimer
Except as provided in this EUCLA, Famic disclaims all expressed and/or implied warranties and conditions pertaining in any way to Catalogue and Documentation, including without limitation, satisfactory quality, any warranty and/or condition of merchantability or fitness for a particular purpose, whether expressed or implied by statute, Common Law, usage of trade, course of dealing, Custom or otherwise. Famic does not warrant that Catalogue will integrate error-free with all the other software running on Licensee’s systems.
7-LIMITATION OF LIABILITY
Under no circumstances will Famic or any of its third party providers be liable to Licensee or any third party for any direct, indirect, incidental, special or consequential damages, expenses, costs, liability or loss whatsoever, including but not limited to lost profits, lost revenue, lost data, replacement costs, loss of use of any information system, failure to realize expected savings or any other commercial or economic loss, whether arising in tort, negligence, statute, equity, contract, Common Law, or any other cause of action or legal theory even if Famic has been advised of the possibility of such loss or damage.
Licensee agrees, acknowledges and confirms that the limitations of liability set out in this EUCLA are fair and reasonable in the commercial circumstances of this EUCLA and that Famic would not have entered into this EUCLA but for Licensee agreement to limit Famic’s and Famic’s third party providers’ liability in the manner and to the extend provided for herein.
This Section applies even in the event of a breach of condition, a breach of an essential or fundamental term, or a fundamental breach of this EUCLA.
8-RESTRICTIONS
Unauthorized copying of Catalogue and/or Documentation in total or in part, including Catalogue that has been modified, merged or included with other software or the written materials, is expressly forbidden. Licensee may be held legally responsible for any infringement, which is caused failure to abide by the terms and conditions of this EUCLA.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on Catalogue, or the written materials, remove or modify any notice of intellectual property, copyright, logo or trademark.
9-TRANSFER
In no event may Licensee assign, rent, sublicense, lease, sell or otherwise dispose of Catalogue on a temporary or permanent basis.
10-EXPORT REGULATIONS
Catalogue and Documentation delivered under this EUCLA contain elements including technical data that are subject to Canada and United States of America export control Laws and may be subject to other export or import regulations. Licensee agrees not to export or re export Catalogue and Documentation directly or indirectly to countries subject to restrictions (embargoes) imposed by the Government of Canada and/or the United States of America. Licensee agrees not to use Catalogue and Documentation for any purpose prohibited by these laws including without limitation nuclear weapons, chemical weapons, biological weapons, etc.
11-RESTRICTIONS
Licensee acknowledges and agrees to use Catalogue in compliance with and according to the supplied procedures and instructions contained in the Documentation.
Famic has no obligation whatsoever to offer any technical support for altered versions of Catalogue.
12-UPDATED VERSIONS
Famic may from time to time make available to Licensee updated versions of Catalogue and Documentation in order to:
- Support new versions of Automation Studio™, and/or
- Complete existing information in Catalogue, and/or
- Modify, replace or remove existing information in Catalogue, and/or
- Make available new Components’ descriptions in Catalogue, and/or
- Implement new features and enhancements in Catalogue, and/or
- Correct problems, and/or
- Etc.
It is highly recommended that Licensee installs these updates.
12.1-Disclaimer
Famic disclaims all expressed and/or implied warranties and conditions pertaining in any way to the maintenance support services, including without limitation, satisfactory quality, any warranty and/or condition of merchantability or fitness for a particular purpose whether expressed or implied by statute, Common Law, usage of trade, course of dealing, Custom or otherwise.
13-GOVERNING LAWS
This EUCLA shall be construed and governed in accordance with the laws of the Province of Quebec, Canada. Licensee consents to the exclusive jurisdiction of the Courts of the District of Montreal (Quebec), Canada.
14-INVALIDITY
The invalidity of any particular provision of this EUCLA shall not affect any other provision hereof.
15-FAMIC RESERVATIONS
Famic reserves the right to cancel and/or terminate this License at any time. Famic reserves all other rights relating to this EUCLA.
16-COMPLETE AGREEMENT
This EUCLA constitutes the entire understanding between the Parties in respect of the matters herein and supersedes all prior oral and written understandings, agreements and commitments.
Licensee acknowledges that he/she has read this EUCLA, understands each one of its terms and conditions and agrees to be bound by them. Licensee also agrees that these terms and conditions are the complete and exclusive statement of agreement between the Parties, and they supersede all prior agreements, either written or oral and any other communications between the Parties. |
