PRODUCT are the property of the respective content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted under this EULA
are reserved by Kantech and its suppliers.
4. EXPORT RESTRICTIONS.
You agree that You will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to Canadian
export restrictions.
5. CHOICE OF LAW: THIS SOFTWARE LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE PROVINCE
OF ONTARIO, CANADA.
6. ARBITRATION
All disputes arising in connection with this Agreement shall be determined by final and binding arbitration in accordance with the
International Commercial Arbitration Act, R.S.O. 1990, c. I.9, or any successor or replacement legislation which may be in force,
and the parties agree to be bound by the arbitrator’s decision. The place of arbitration shall be Toronto, Canada.
7. LIMITED WARRANTY
(a) NO WARRANTY
KANTECH PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY. KANTECH DOES NOT WARRANT
THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE.
(b) CHANGES IN OPERATING ENVIRONMENT
Kantech shall not be responsible for problems caused by changes in the operating characteristics of the
HARDWARE, or for problems in the interaction of the SOFTWARE PRODUCT with non-Kantech-SOFTWARE or
HARDWARE PRODUCTS.
(c) LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF RISK
IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE
AGREEMENT, KANTECH’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT
SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE
SOFTWARE PRODUCT AND FIVE CANADIAN DOLLARS (USD$5.00). BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d) DISCLAIMER OF WARRANTIES
THIS WARRANTY CONTAINS THE ENTIRE WARRANTY AND SHALL BE IN LIEU OF ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR
LIABILITIES ON THE PART OF KANTECH. KANTECH MAKES NO OTHER WARRANTIES. KANTECH NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR
TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERN-
ING THIS SOFTWARE PRODUCT.
(e) EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY
UNDER NO CIRCUMSTANCES SHALL KANTECH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUEN-
TIAL OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLI-
GENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF THE SOFTWARE PRODUCT OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, PURCHASER?S TIME, THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, AND
INJURY TO PROPERTY.
WARNING: Kantech recommends that the entire system be completely tested on a regular basis. However, despite
frequent testing, and due to, but not limited to, criminal tampering or electrical disruption, it is possible for this
SOFTWARE PRODUCT to fail to perform as expected.
Please click on the “I agree” button if You agree to terms of this End User License Agreement. If You do not agree
to the terms of this EULA, press the “I Do Not Agree” button as Kantech is unwilling to license the SOFTWARE
PRODUCT to You, and You have no right to use it.
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