IMPORTANT-READ CAREFULLY: THIS 3WEB SOFTWARE END-USER LICENSE AGREEMENT (“AGREEMENT” OR "EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND 3WEB CORP. (“3WEB”). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE (WHICH MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR "ON-LINE" OR ELECTRONIC DOCUMENTATION), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE AND EITHER: (1) RETURN YOUR COPY OF THE SOFTWARE TO 3WEB FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES, IF IT WAS PURCHASED; OR (2) DESTROY IT.

 

1. Grant of License

The Software is licensed as follows:

Installation and Use. 3web grants you a non-exclusive right to install and use copies of the Software on your computers running validly licensed copies of the operating system for which the Software was designed.

Backup Copies. You may also make copies of the Software as may be necessary for backup and archival purposes.

 

2. Description of other Rights and Limitations

Installation and Use.  You may install and use an unlimited number of copies of the Software.

Copyright. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You must not remove or alter any copyright notices on all copies of the Software.

Distribution. You may not distribute copies of the Software to third parties.

Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not download the software for the intent of reverse engineering, decompiling, or disassembly of the Software.

Rental. You may not rent, lease, or lend the Software.

Restrictions on Alteration. You may not rename, edit or create any derivative works from the Software.

Support Services. 3web may provide you with support services related to the Software ("Support Services") in accordance with its normal practices for providing support to persons obtaining services from 3web or its subsidiaries as set out in any applicable End-User Agreement for 3web Services.

Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software.

 

3. Termination

Without prejudice to any other rights, 3web may terminate this EULA and your use of the Software at anytime, if you fail to comply with the terms and conditions of this EULA, or for any other reason at the sole discretion of 3web. In such event, you must destroy all copies of the Software and all of its component parts, and warrant that you have no further copies in your possession.

 

4. Copyright

All title, including but not limited to copyrights, in and to the Software (including but not limited to any images, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software and media are owned by 3web and/or its suppliers. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.

 

5. Updates

For your convenience, the Software may automatically update itself and other Software-installed software to the latest available versions at periodic intervals. In consideration for this feature, you grant 3web access to your machine to automatically update the Software, add new features and other benefits, and periodically install and uninstall optional software packages. Any supplemental software code or optional software packages provided to you as part of the Service, whether or not updated automatically (including but not limited to any images, text, and "applets" accompanying the supplemental software code or optional software packages) shall be considered part of the Software and subject to the terms and conditions of this EULA.

 

6. No Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 3WEB MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

 

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3WEB OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES FOR THE SOFTWARE, EVEN IF 3WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 3WEB'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR CDN$5.00.

 

8. Dispute Resolution

Claims. This section provides the dispute resolution mechanism that applies to any claim, dispute or controversy (whether in contract or in tort, pursuant to statute or regulations, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (1) this EULA; (2) the Software provided by 3web: (3) oral or written statements, or advertisements or promotions relating to this EULA or to the Software; or the relationships that result from this EULA (all of the foregoing collectively hereinafter called “Claim”).

Claims to Be Arbitrated. Any and all Claims shall be determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action or other form of representative proceeding against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notices of any Claim shall be sent to the address in Article 9 below. Arbitration will be conducted by one arbitrator pursuant to the rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice.

 

9. Contact Information

If you have any questions regarding us or the terms and conditions of this EULA, you may contact us] by email: help@3web.com or aide@3web.com, phone: 1 866 330 9511, or fax: 403-777-2003.

 

10. Jurisdiction and Severability

This EULA is governed exclusively by and construed in accordance with the laws of the Province of Alberta and federal laws of Canada applicable therein, or to the extent such a choice of law is not permitted by law in the circumstances of this EULA, the EULA is governed exclusively by and construed in accordance with the laws of the province or territory in which your designated billing address with 3web and/or its subsidiaries with respect to the provisions of services requiring the use of the Software is located and the federal laws of Canada applicable therein. If any provision in this EULA is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.

 

11. Miscellaneous

Entire Agreement. This EULA constitutes the entire agreement and understanding between you and 3web with respect to the licensing of the Software to you, and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter.

EULA Revisions. 3web reserves the exclusive right to periodically update this EULA at its discretion at any time, with reasonable notice to you by posting the new EULA at the following URL: http://www.3web.com/Legal/Software_EULA .

Waiver. Our failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right.

Assignment. We may assign our rights and obligations under this EULA to without your prior written consent. You may not assign or transfer this EULA.

Force Majuere. In no event shall we be liable for any failure to comply with this EULA if such failure results from any condition or event beyond our reasonable control, including, but not limited to, terrorism, computer hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

Trade Marks and Trade Names. Use of our trade marks and trade names for any purpose without our consent is strictly prohibited to the extent permitted by law.

Language. The parties have required that this Agreement and all documents relating thereto to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.