Canada’s Gay Guide Web Database Subscription Licence Agreement
PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THIS SOFTWARE & SERVICE. BY USING THIS SOFTWARE & SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THIS SOFTWARE OR SERVICE AND PROMPTLY INFORM THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
Canada’s Gay Guide Canada Web Search Subscription Service, comprising database(s), World-Wide Web pages, and username/password combinations, (the "Software") is licensed, not sold, to you by Click & Drag (the "Company") for use only under the terms of this Licence, and the Company reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but the Company and its licensors retain ownership of the Software itself.
- Licence. This Licence allows you to:
- Use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.).
- Make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this Licence, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by the Company.
- Permanently transfer all your rights under this Licence to another party by providing to such party all copies of the Software licensed under this Licence together with a copy of this Licence, provided that the other party reads and agrees to accept the terms and conditions of this Licence.
- Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
- Termination. This Licence is effective until terminated. This licence is valid until one year from date and time of purchase. This Licence will terminate immediately without notice from the Company or judicial resolution if you fail to comply with any provision of this Licence. Upon such termination you must destroy all copies of the Software (including username/password) and all accompanying written materials, and Sections 6, 7, and 8 will survive any termination.
- Passwords. The Software licensed to you contains features which are protected by certain passwords. You are not authorized to enter, remove, or change such passwords, and only the Company is authorized to enter, remove or change such passwords. You shall not disclose your username or password to any other party.
- Export Law Assurances. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
- Limited Warranty. The Company warrants for a period of ninety (90) days from your date of purchase that the Software as provided by the Company will substantially conform to the Company’s published specifications for the Software. The Company’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at the Company’s option, refund of the purchase price or repair or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE COMPANY AND THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation of Remedies and Damages. In no event will the Company, its parent or subsidiaries or any of the licensors, directors, officers, employees, or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect, or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if the Company or a Company representative has been advised of the possibility of such damage. The Company’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- General. This Licence will be construed under the laws of the Province of Ontario, Canada, except for that body of law dealing with conflicts of law. If any provision of this Licence shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Licence will remain in full force and effect. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.
If you would like more information about Click & Drag, you may contact us in any of these ways:
(The country code is "1")
Internet World-Wide Web Site: GayGuideCanada.com
The primary contact at Gay Guide Canada for book research or development or for web site and database development is Trevor Jacques, our editor.
Canada’s Gay Guide is a registered trading name of Click & Drag, Inc.. All other trademarks are the property of their respective owners.
NOTE: The Company has verified the information in the Software to the best of its abilities, but there may be errors. Consequently, the Company cannot be responsible for errors in the Software.