Copan Software -- End User License Agreement
Please carefully read the following legal agreement ("AGREEMENT") for the
license of Copan ("SOFTWARE") by Underhill Geomatics Ltd. ("UNDERHILL").
BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY)
CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE BUTTON THAT
INDICATES THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT USE THE
1. License Grant. Subject to the terms and conditions of this Agreement,
UNDERHILL GEOMATICS LTD. hereby grants to you a non-exclusive, non-transferable
right to use one copy of the specified version of the Software and the
accompanying documentation (the "Documentation") on any computer you own.
2. Term. This Agreement is effective for an unlimited duration unless and
until earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the limitations or other
requirements described herein. Upon any termination or expiration of this
Agreement, you must destroy all copies of the Software and the Documentation.
You may terminate this Agreement at any point by destroying all copies of
the Software and the Documentation.
3. Ownership Rights. The Software is protected by copyright laws and
international treaty provisions. UNDERHILL GEOMATICS LTD. owns and retains all
right, title and interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other intellectual property rights
therein. Your possession, installation, or use of the Software does not
transfer to you any title to the intellectual property in the Software, and
you will not acquire any rights to the Software except as expressly set forth
in this Agreement.
4. Restrictions. You may not rent, lease, loan, sublicense or resell the
Software. You may not permit third parties to benefit from the use or
functionality of the Software via a timesharing, service bureau or other
arrangement. You may not transfer any of the rights granted to you under
this Agreement. You may not reverse engineer, decompile, or disassemble
the Software, except to the extent the foregoing restriction is expressly
prohibited by applicable law. You may not modify, or create derivative works
based upon the Software in whole or in part. All rights not expressly set
forth hereunder are reserved by UNDERHILL GEOMATICS LTD.
5. Warranty and Disclaimer. Except for the limited warranty set forth herein,
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, UNDERHILL GEOMATICS LTD. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR
SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING PROVISIONS, UNDERHILL GEOMATICS LTD. MAKES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT
THE SOFTWARE WILL MEET YOUR REQUIREMENTS. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL UNDERHILL GEOMATICS LTD. OR
ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL
UNDERHILL GEOMATICS LTD BE LIABLE FOR ANY DAMAGES EVEN IF UNDERHILL
GEOMATICS LTD. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing provisions shall be enforceable to the maximum extent permitted
by applicable law.
7. Miscellaneous. This Agreement is governed by the laws of British Columbia and
Copyright © 2007-2009 UNDERHILL GEOMATICS LTD. All Rights Reserved