Terms & Conditions
IMPORTANT This is an agreement between you and Beef Information Centre ("BIC"). Please read it carefully before installing or using the Software.
BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN THE PACKAGE AND UNUSED SOFTWARE, ALONG WITH ALL MANUALS, DOCUMENTATION OR OTHER ASSOCIATED ITEMS WITHIN THIRTY DAYS TO BIC.
Licence: BIC grants to you a personal non-transferable and non-exclusive right to use the Distributor Education Program product and all associated documentation provided with the Software ("the Software"), solely in object code format, solely for your own internal business purposes and solely for the number of licensed users and computers. If you wish to use the software on additional computers, you must obtain a separate licence for each.
This licence does not entitle you to receive from BIC hard copy documentation, technical support, telephone assistance or enhancements or upgrades to the Software. Information on technical support, telephone assistance and enhancements and upgrades to the Software can be obtained by contacting BIC.
Ownership: This software is licenced to you, not sold. You agree that BIC owns and retains all rights, title, interest and ownership of all intellectual property rights in the Software, including but not limited to copyright, patent, trade mark, and in all related written materials, logos, names and other support material furnished by BIC. No title to or ownership of the intellectual property in the Software, the documentation, media or other material provided with the Software is transferred to you by this Agreement. Only the license is purchased by you.
Permitted Use: You may install and use one copy of the Software on a single computer.
Restrictions on Use: The software contains copyrighted materials, trade secrets and other proprietary material. You agree that you will not: (a) copy the Software; (b) copy any of the written materials for any purpose; (c) modify, rent, lease, loan, create derivative works based upon, copy or distribute the Software in whole or in part; (d) assign this Agreement or transfer, lease, export or grant a sublicence of the Software or the licence contained herein to any other party unless authorized by BIC in writing; (e) allow more than the number of persons licensed to use the Software; (f) customize the Software; (g) reverse engineer, decompile or disassemble the Software; (h) use the Software except as authorized herein; and (i) permit third parties to use the Software in any way that would constitute breach of this Agreement.
Term: This Licence becomes effective on the date you acquire the software from BIC and will remain in force until terminated. This licence will automatically terminate if you breach any of its terms. Upon termination of this Licence you must destroy the original and all copies of the Software or return them to BIC. You may terminate this Agreement at any time by destroying all copies of the Software and related materials. BIC may terminate this license without notice to you if you fail to comply with any of its terms. Any such termination by BIC shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you of written notice of termination from BIC or termination by you, you shall immediately (a) cease using the Software; (b) return to BIC the Software and all written documentation and all magnetic or optical media provided to you (or destroy all copies thereof in your possession); and (c) within 5 days thereafter, provide BIC with a written confirmation that you have complied with the foregoing.
Governing Law: This Licence shall be governed and construed in accordance with the laws of the Province of Alberta, Canada without regard to laws governing conflict of laws and will be treated as though executed in Alberta. Any action relating to this Licence shall be prosecuted in the Courts of competent jurisdiction in the Province of Alberta. In the event that one or more of the provisions is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.
Entire Licence: This licence and the Limited Warranty sets forth the entire understanding and agreement between you and BIC and supercedes all prior or collateral oral or written representations and agreements related thereto. No person is authorized to modify this licence or to make any representation or promise that is different from, or in addition to, the representations or promises of this licence.
Waiver: No waiver of any right under this licence shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Licence.
Limited Warranty: BIC warrants that the storage media in this product will be free from defect in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return the media to BIC at 215, 6715 - 8th Street N.E. Calgary, Alberta T2E 7H7 and we will replace it free of charge. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which may vary from jurisdiction to jurisdiction.
You expressly acknowledge and agree that use of the Software is at your sole risk. BIC does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. No oral or written information or advice given by BIC or a BIC representative shall create a warranty or in any way increase the scope of this warranty.
LIMITATION OF WARRANTIES AND LIABILITY: Except for the express warranty above, the product is provided on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. The entire risk as to the results and performance of the product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you, and that of our dealers and suppliers, shall not exceed the amount paid by you for the product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Limitations of Remedies: BIC's entire liability and your exclusive remedy shall be: (a) refund of the purchase price if the Software package is unopened and the package is returned to BIC within ten (10) days with proof of purchase; (b) the replacement of any media not meeting the Limited Warranty herein which is returned to BIC within thirty (30) with proof of purchase; or (c) termination of this Licence Agreement.
Language: The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.