FoFiPrint - An Easy to Use Directory Printer
by ASCS IT Solutions & Support
ASCS End User License Agreement
This End User License Agreement ("EULA" or the "Agreement") is a legal agreement between you the End User ("End User") and ASCS regarding the use of ASCS programs and covering all ASCS software, software upgrades, printed materials, "online" or electronic documentation, and Internet-based services and support ("Software").
BY INSTALLING, COPYING OR USING ANY ASCS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING PARTY TO THIS AGREEMENT, AND ACKNOWLEGING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND AND AGREE TO THE TERMS OF THE EULA, THEN YOU ARE NOT PERMITTED TO INSTALL OR USE THE SOFTWARE.
LICENSE AGREEMENT
  1. GRANT OF LICENSE: Providing the End User agrees with and adheres to all terms set out in the EULA, ASCS grants the End User the following rights:
    1. a non-exclusive, limited license, pursuant to the terms of the EULA, to install and use the current version of the Software, which is non-transferable; and
    2. the right to make an unlimited number of copies of any documentation, provided these copies are used for personal purposes only. This documentation shall not be republished or redistributed (in hard copy or electronically).
  2. FEE FOR USE: ASCS reserves the right to establish a fee for using the Software (which will be declared prior to download and use) and ASCS may adjust the fee, at its discretion, without notice on subsequently released versions of the Software.
  3. RESERVATION OF RIGHTS AND OWNERSHIP: The Software is licensed, and not sold, to the End User under the terms of the EULA. The Software is protected by Canadian and United States copyright laws and international treaty provisions, as well as other intellectual property laws. Except as explicitly granted in the EULA, Software is owned by ASCS, including all intellectual and proprietary rights related to the Software.
  4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY: The End User may not reverse engineer, decompile, or disassemble the Software.
  5. NO RENTAL OR COMMERCIAL HOSTING: You may not rent, lease, lend or provide commercial hosting services with the Software without prior written agreement from ASCS.
  6. REDISTRIBUTION: The End User agrees not to redistribute any ASCS Software either in whole or part, on its own or as part of another product, or in any other form.
  7. SOFTWARE SUPPORT: ASCS may provide the End User with support services related to the Software. Support services are provided under the following conditions:
    1. the provision of any such support service is governed exclusively by the policies of ASCS and this Agreement; the details of any support programs may be provided through printed materials, online documentation, or the ASCS website;
    2. the supply of technical support services may be subject to the payment of a fee in an amount identified, and the terms outlined on the ASCS website;
    3. the End User agrees to provide ASCS with information specific to their Software installation when deemed necessary by ASCS in order to provide support services;
    4. the End User agrees to install the latest Software update available from ASCS, when requested, as a condition of ASCS providing Software support; and
    5. ASCS is not obligated to provide support services, and may at its discretion choose to cancel the End User support account and refund (on a prorated basis) the balance outstanding (owing to the End User) on the End User support account. In the event that there is a balance owing by the End User to ASCS on termination of the support, that amount will become immediately due.
  8. TERMINATION: The EULA is in force unless and until earlier termination as set forth herein. Without prejudice to any other rights, ASCS may terminate the EULA without notice if the End User fails to any of the terms and conditions of the EULA. Without limiting the generality of the foregoing, the following conditions apply to termination:
    1. upon termination, the End User will immediately stop all use of the Software and destroy all copies of the Software and any related documentation in the possession or control of the End User; and
    2. termination of the EULA will not limit the rights of ASCA.ca to seek remedies at law.
  9. DISCLAIMER OF WARRANTIES: The End User acknowledges and agrees that all ASCS Software (including: printed materials, "online" or electronic documentation, and Internet-based services and support) are provided "as is" and without warranty whatsoever, guarantees of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, currency, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
  10. LIMITATION OF LIABILITY: ASCS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind or nature whatsoever, arising out of or in any way related to the use of (or the interrupted use of) any ASCS Software (however arising, including, but not limited to, contract, tort or negligence) even if ASCS has been advised of the possibility of such damages. Without limiting the generality of the foregoing, ASCS shall not be liable for any damages related to or resulting from:
    1. damages to existing equipment, software configurations, or data resulting from the installation and or configuration of the Software;
    2. any interruption in the use of the Software;
    3. any transaction entered into through or processed by the Software;
    4. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through, from or as a result of using the Software;
    5. the loss of profits as a result of using, or interrupted use of, the Software;
    6. authorized or unauthorized access to or alteration of any transmission or data;
    7. any delay or failure in performance under this Agreement; or
    8. a malfunction of the software.
  11. PRIVACY: You agree to be bound by and comply with any Privacy Statement applicable to the Software and any other policies governing the use of the Software for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice of.
  12. NO WAIVER OF PROVISION: A Failure by ASCS to exercise or enforce any right or provision of the EULA shall not constitute a waiver of that right or provision.
  13. ASSIGNMENT: You may not assign this Agreement without the explicit consent of ASCS.
  14. GOVERING LAW: The EULA shall be interpreted in accordance with the laws of the province of Newfoundland and Labrador in the Country of Canada, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Parties to this Agreement submit to the jurisdiction of, and waive any venue objections against, the provincial and federal courts in Newfoundland and Labrador and Canada.
  15. SEVERABILITY: The invalidity or unenforceability of any provision or part of any provision of the EULA shall not affect the validity or enforceability of any other provision or part thereof, and any such invalid or unenforceable provision or part thereof will be deemed to be separate, severable and distinct, and no provision or part thereof will be deemed dependent upon any other provision or part thereof unless expressly provided for herein.
  16. SUCCESSOR AGREEMENTS: The terms and conditions of this Agreement may change in the future. In such case, and when appropriate, new terms and conditions will be posted to the ACSC website. You agree that your continued use of the ACSC website and future use of the Software indicates your consent to the revised terms and conditions unless you uninstall all Software and destroy all copies of same you may have created.
  17. SURVIVAL: Sections 3, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.
  18. ENTIRE AGREEMENT: These terms and conditions, as modified from time to time as described above, and including policies and documents incorporated by reference, set forth the entire understanding and agreement between ASCS and the End User with respect to the Software, and supersedes and replaces all negotiations, correspondence, letters of intent and prior agreements or understandings related to the use of all ASCS Software, whether written or oral.
  19. CONTACT: Should you have any questions concerning this Agreement, please contact legal@ascs.ca

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