AGREEMENT. After reading this agreement carefully, if you ("the User") do not agree to all of the terms of this agreement, you may not use DistiStock ("Software"). Unless you have a different license agreement signed by Smart Data Works that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both the User and Smart Data Works.

This Software is owned by Smart Data Works and is protected by national copyright laws and international copyright treaties.

1. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred to another individual (not resold) if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software.

2. USE AND EVALUATION PERIOD. You may use one copy of this Software on one computer. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.).

Smart Data Works reserves the right, at Smart Data Works' discretion, to deactivate the Software for any User if Smart Data Works deems such User's actions to be inappropriate, illegal, unauthorized, or constitute attempted piracy.

3. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND SMART DATA WORKS DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION ON DAMAGES. NEITHER SMART DATA WORKS NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF SMART DATA WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL SMART DATA WORKS' LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

5. TERMINATION. This Agreement terminates on the date of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from the User to Smart Data Works; or (2) One party materially breaches any terms of this Agreement or any terms of any other agreement between the User and Smart Data Works, that are either uncorrectable or that the breaching party fails to correct within one (1) month after written notification by the other party.

6. GOVERNING LAW. The agreement shall be governed by the laws of the Province of Ontario. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a provincial or federal court of competent jurisdiction located in Toronto, Ontario, Canada. The parties hereby consent to the personal jurisdiction of such courts.

E-mail: info@dististock.com

Smart Data Works
100 St. Clair Ave. West
Toronto, Ontario M4V 1N3
Canada
 
Tel:1-416-628-7812
Fax:1-416-628-7829

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages.

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.