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PREFACE
This License Agreement is a legal agreement
between you and ARedDot Inc., a Toronto limited liability company
("ARedDot").
Your consent to this License Agreement is required prior to completing
the installation of GenderLabs™ ("SOFTWARE"). Use of the SOFTWARE
constitutes your agreement to be bound by the terms of this License
Agreement.
GRANT OF LICENSE
In consideration for your agreement to adhere
to the terms and conditions of this License Agreement, ARedDot grants
you a conditional, personal, non-transferable
and non-exclusive license to use, in object code form only, the
SOFTWARE for its intended purposes (the "License"). This License Agreement permits
you to use one copy of the SOFTWARE on a single computer. The SOFTWARE is in
"use" on a computer when it is loaded into temporary memory
(RAM) or
installed in permanent memory (hard disk,
CD-ROM, portable disk, or other storage device) of that computer.
LIMITED WARRANTY
ARedDot offers no guarantees or warranties
regarding the SOFTWARE for any purpose, including pregnancy
achievement, pregnancy avoidance and gender preselection. Users of the SOFTWARE
understand that human reproduction is subject to
variables outside of the control of the
SOFTWARE. Notwithstanding the foregoing, ARedDot warrants that the
SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from
the date of receipt. Any
implied warranties relating to the SOFTWARE are limited to ninety (90)
days. Some
countries/provinces/states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply
to you. ARedDot has no
obligation to provide maintenance or other support of any kind for the
SOFTWARE, including
without limitation error corrections, updates,
enhancements or other modifications.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable
law, ARedDot disclaims all other warranties, either express or
implied,
including but not limited to implied
warranties of merchantability and fitness for a particular purpose,
with regard to the SOFTWARE and the accompanying written materials. This limited warranty gives
you specific legal rights.
You may have others which vary from jurisdiction to
jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable
law, in no event shall ARedDot be liable for any damages whatsoever
(including without limitation, damages for the inability to achieve
pregnancy, any unplanned pregnancy or any pregnancy with undesirable
gender) arising out of the use of or inability to use this SOFTWARE,
even if ARedDot has been advised of
the possibility of such damages.
INTELLECTUAL PROPERTY
Title to and ownership of the SOFTWARE shall
at all times remain exclusively with ARedDot. All intellectual property
related to the SOFTWARE, including without limitation all copyrights,
patents, and trademarks, are owned by ARedDot and are
protected by Canada/United States laws and
international treaty provisions.
The SOFTWARE is proprietary and confidential information of
ARedDot. You must treat
the SOFTWARE like any other copyrighted or patented material except
that you may either (a) make one copy of the SOFTWARE solely for
backup or archival purposes, or (b) transfer the SOFTWARE to a
single hard disk provided you keep the original solely for backup or
archival purposes. In NO
case may you copy written materials accompanying the SOFTWARE.
OTHER RESTRICTIONS
You may not sell, assign, license, sublicense,
rent, lease or otherwise transfer, transmit or convey the SOFTWARE, or
any copies or modifications thereof, or any
interest therein, to any third party.
You may not reverse engineer, decompile, disassemble or
otherwise translate or modify the SOFTWARE. If the SOFTWARE is an update
or has been updated, any transfer must include the most recent update
and all prior versions.
The License shall immediately terminate upon
your failure to comply with the provisions of this Agreement, and
ARedDot reserves all legal rights and remedies against you for breach
of this License Agreement.
This License Agreement is governed by the laws
of Canada and the Province of Ontario.
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