Software License Agreement
BY INSTALLING AND USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, UNCHECK THE CHECKBOX AT THE TOP OF THE PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

GRANT. Subject to the terms of this Agreement, Courtage Bernard Larouche, Inc. (“CBL”) hereby grants you a limited, personal, nontransferable, nonsublicensable, royalty-free, nonexclusive license
to use one copy of the client software product you are about to install in object code form (“Software”). You may copy the Software for archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

This software is protected by both Canadian copyright laws and the United States copyright laws and international copyright treaty provisions. You must treat this software just like a book except that you may copy it onto a computer
to be used and you may make archival copies of the software for the sole purpose of backing-up our software and protecting your investment from loss.

By saying “just like a book,” CBL means, for example, that this software may be used by a number of people and may be freely moved from one computer location to another, so long as there is no possibility of it being used at one location while it is being used at another. Just like a book cannot be read by two different people in two different places at the same time, neither can the software be used by two different people in two different places at the same time.

You may not, directly or indirectly: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; or copy (except for archival purposes as set forth above), rent, lease, distribute, transfer or otherwise transfer rights to the Software; use the Software for timesharing or service bureau purposes; or remove any proprietary notices or labels on the Software.

TITLE.
As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in CBL and its suppliers or licensors.
The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to any software, data, information, text, pictures,
images, or other content (“Content”) accessed through the Software or otherwise is the property of the applicable owner and may be protected by applicable copyright or other law.
This License gives you no rights, title, or interest to Content (including without limitation Content that you create using the Software).

 

DISCLAIMER OF WARRANTY. THE SOFTWARE, AND ANY SERVICES THAT YOU RECEIVE FROM COURTAGE BERNARD LAROUCHE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.
COURTAGE BERNARD LAROUCHE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

 

LIMITATION OF LIABILITY.
You assume the entire risk as to the quality and performance of the Software. CBL assumes no liability for the cost of any service or repair if the Software is defective UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COURTAGE BERNARD LAROUCHE OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL COURTAGE BERNARD LAROUCHE BE LIABLE FOR ANY DAMAGES IN EXCESS OF COURTAGE BERNARD LAROUCHE’S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF COURTAGE BERNARD LAROUCHE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

TERMINATION.
CBL may, at its sole discretion, terminate this Agreement, the license granted herein, and your right to use or access the Software at any time. On termination, you must destroy all copies of the Software.

 

EXPORT CONTROLS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States
or foreign agency or authority, and not to export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations (including, without limitation, export or re-export to destinations prohibited either in Country Groups Q, S, W, Y or Z country specified in the then current Supplement No. 1 to Section 770 of the U.S. Export Administration
Regulations (or any successor supplement or regulations), or the OFAC regulations found at 31 C.F.R. 500 et seq.). By installing or using the Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

 

MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

 

U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable,
or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.

Created and produced by Courtage Bernard Larouche, Inc.