License And Warranties

Central Management™ – software and hardware

Controlled Environments Limited, Controlled Environments Inc, Conviron Europe Ltd., Conviron Germany GmbH, or any of them, are hereafter referred to as “Conviron”.

Software License

The software which accompanies this license (the "Software") is the property of Conviron or its licensors and is protected by copyright law. While Conviron continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

YOU MAY:

  1. use one copy of the Software on a single computer;

  2. copy the Software onto the hard disk of your computer and retain the original for archival purposes; and

  3. after written notice to Conviron transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and transferee agrees to the terms of this agreement. Your license shall be terminated at the time of transfer.

YOU MAY NOT:

  1. copy the documentation which accompanies the Software;

  2. sub-license, rent, lease or assign any portion of the Software;

  3. reverse engineer, decompile, disassemble, merge, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or

  4.  use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version.

Software Warranty

Conviron warrants the Software and media for a period of ninety (90) days from the date of installation or one hundred and twenty (120) days from the date of shipment from the factory, whichever comes first, provided the Software is delivered to you by Conviron, or to a Conviron authorized distributor or agent. This warranty applies only if you are the original licensee of this copy of the Software. Conviron warrants that the media on which the Software is distributed will be free and clear from defects during the warranty period stated above.

Conviron warrants that the Software, if unaltered, will conform to its program specifications during the warranty period stated above. This warranty shall only apply where the Software is properly used on a machine for which it was designed. Your sole remedy in the event of a breach of this warranty will be that Conviron shall, at its option, make the Software and/or media operate as warranted by making the necessary corrections or replacing the Software and/or media with functionally equivalent Software and/or media, or terminate your license and refund the money paid by you for the Software and/or media, upon return of all of your copies of the Software. Conviron does not warrant that any other defects will be corrected or that the operation of the Software will be uninterrupted or error-free.

Conviron's obligation under this warranty is void in its entirety if the Software is improperly installed, abused, misused, neglected or altered, or if damaged by flood, fire, or any act of God. Any reconfiguration of the Software without the prior consent of Conviron shall be considered tampering and will void the warranty in its entirety. Where the Software cannot perform properly due to conflicts with user installed software or hardware, this warranty shall not apply.

 

Warranty for Central Management Hardware

Conviron warrants the Central Management hardware against defects in components or parts for a period of twelve (12) months from the date of acceptance, or fourteen (14) months from the date of shipment from the factory, whichever comes first. Conviron will replace or repair at its option, without charge, such defective parts or equipment. Conviron’s obligation under this warranty is void in its entirety if the equipment is improperly installed, or is in any way abused, misused, neglected, or altered, or if damaged by fire, flood, or acts of God, or if the serial number plate has been altered, defaced, or removed. Freight and labour charges incurred in replacing or repairing such defective parts are included in the coverage provided by the warranty. The customer is responsible for all customs and duty charges where applicable. Conviron shall not be liable for any loss or damage, including incidental or consequential, due to operation failure of Central Management or its components.

 

THE ABOVE SOFTWARE AND HARDWARE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DISCLAIMER OF DAMAGES

In no event shall Conviron (including its directors, officers, employees and agents) be liable for any special, consequential, indirect or similar damages, including but not limited to any lost profits or lost data arising out of the use or inability to use the Central Management Software or Hardware, even if Conviron has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you. In no case shall Conviron's liability exceed the purchase price for the Central Management Software, Hardware, media, and/or components thereof.

 

GENERAL

This agreement shall be governed by the laws of the Province of Manitoba, in Canada, with the courts of the Province of Manitoba having exclusive jurisdiction.