Terms & Conditions
End User License Agreement
IMPORTANT - READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal contract between you, either as an individual or a single entity (“you”), and jms-Concept Solutions, governing your use of the SCOF-Concept AND the MASTOR-Concept applications and related online or electronic documentation (such application and the documentation collectively referred to herein as the “the jms-Concept Solutions Systems”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, ACTIVATING, COPYING OR OTHERWISE USING THE jms-Concept Solutions Systems and Tools. IF YOU DO NOT AGREE, DO NOT INSTALL, ACTIVATE, COPY OR USE THE jms-CONCEPT SOLUTIONS SYSTEMS and TOOLS. This Agreement may be amended from time to time by notices posted on jms-Concept Solutions web site https:// scof-concept.com, and you agree that by such notices you are given the opportunity to review any amendments to this Agreement and you agree to be bound to any changes to this Agreement if you continue to use the jms-Concept Solutions Systems after such modification is posted.
- LICENSE GRANT
The jms-Concept Solutions Systems is licensed to you and not sold. Subject to the terms of this Agreement, jms-Concept Solutions hereby grants you a personal, non-exclusive, non-transferable (subject to Section 11) and non-sublicensable license to use the Applications for your personal or internal purposes solely in connection with your use of jms-Concept Solutions material, and to make a reasonable number of copies of the jms-Concept Solutions Systems for your personal or internal backup purposes for such use.
- RESERVATION OF RIGHTS
You acknowledge that the jms-Concept Solutions Systems are protected by copyrights and other intellectual property and proprietary rights. jms-Concept Solutions reserves all such rights with respect to the jms-Concept Solutions System, except for the license expressly granted to you in Section 1. Except for such express license, no right, title, interest or license in or to the jms-Concept Solutions Systems, whether by implication, estoppels or otherwise, is granted, assigned or transferred to you. You agree not to take any action that interferes, in any manner, with jms-Concept Solutions rights with respect to the jms-Concept Solutions Systems. In addition, title, ownership rights and intellectual property rights in and to any content accessed through the jms-Concept Solutions Systems are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.
You acknowledge and agree that you will not: (a) reproduce the jms-Concept Solutions Systems, except as expressly permitted under Section 1; (b) modify, adapt, translate or create any derivative works of the jms-Concept Solutions Systems; (c) attempt to circumvent or disable the Applications or any technology features or measures in the jms-Concept Solutions Systems by any means or in any manner; (d) attempt to recompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the jms-Concept Solutions Systems; (e) distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the jms-Concept Solutions Systems to any third party (except as permitted under Section 11); or (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the jms-Concept Solutions Systems or used in connection with the jms-Concept Solutions Systems.
- UPDATES; NON PERSONALLY IDENTIFIABLE INFORMATION
You acknowledge that jms-Concept Solutions has no obligation to provide you with any support for Updates (as defined below) to the jms-Concept Solutions Systems. However, jms-Concept Solutions may, from time to time, issue new versions of the jms-Concept Solutions Systems (not free), bug fixes, patches, upgrades, and give you the option of downloading it.
- REGISTRATION INFORMATION
As part of any product registration process, jms-Concept Solutions will not, at any time, share your registration information with third parties unless (a) specifically authorized by you, (b) as required by law or court order, (c) to third-parties providing related services for jms-Concept Solutions under appropriate obligations of confidentiality.
- DISCLAIMER OF WARRANTY
THE JMS-CONCEPT SOLUTIONS SYSTEMS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JMS-CONCEPT SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES. JMS-CONCEPT SOLUTIONS DOES NOT WARRANT THAT THE LICENSED JMS-CONCEPT SOLUTIONS SYSTEMS WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE JMS-CONCEPT SOLUTIONS SYSTEMS REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JMS-CONCEPT SOLUTIONS SYSTEMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEM OR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA.
- LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JMS-CONCEPT SOLUTIONS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER SYSTEM FAILURE, MALFUNCTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE JMS-CONCEPT SOLUTIONS SYSTEMS, EVEN IF JMS-CONCEPT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCIAL/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JMS-CONCEPT SOLUTIONS TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN CONNECTION WITH THE JMS-CONCEPT SOLUTIONS SYSTEMS EXCEED US$25. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
JMS-CONCEPT SOLUTIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, DAMAGE TO YOUR SYSTEM, OR DELAYS, INACCURATE, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE JMS-CONCEPT SOLUTIONS SYSTEMS. THE JMS-CONCEPT SOLUTIONS SYSTEMS ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER MACHINES IN WHICH CASE THE FAILURE OF THE JMS-CONCEPT SYSTEMS COULD LEAD TO DEATH, PERSONALLY INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
jms-Concept Solutions makes no representation that the jms-Concept Solutions Systems are appropriate for use in your country of use. The jms-Concept Solutions Systems works with computers equipped with Microsoft Windows 7, 8 and 10 Operating System.
You hereby agree to indemnify, defend and hold jms-Concept Solutions harmless from and against any and all liabilities, damages, claims, fines and expenses (including reasonable attorneys’ fees and costs) arising out of any breach of this Agreement by you. Seen the nature of the object of the sale (considered final), no compensation, no reimbursement will be carried out after the acceptance of the payment and the downloading of the jms-Concept Solutions Systems by you, the customer.
Without prejudice to any other jms-Concept Solutions rights, this Agreement will terminate automatically without notice if you fail to comply with your obligations under this Agreement. Upon termination, you must immediately cease all use of the jms-Concept Solutions Systems and destroy all copies of the jms-Concept Solutions Systems. In addition to any other remedy available to jms-Concept Solutions, you agree that jms-Concept Solutions may seek immediate injunctive relief in the event of a breach of this Agreement by you.
You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or the jms-Concept Solutions Systems. Notwithstanding the foregoing, you may permanently transfer all your rights under this Agreement to a buyer of the jms-Concept Solutions System with which these jms-Concept Solutions Systems were bundled, provided (a) such buyer agrees to assume all of your obligations under this Agreement, and (b) you transfer all copies of the jms-Concept Solutions Systems to such buyer and cease all use of the jms-Concept Solutions Systems. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written understandings. This Agreement may be amended only by a writing signed by both parties. This Agreement will be governed by the laws of the Province of Quebec, Canada, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of the courts sitting in the the Province of Quebec, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement that require or contemplate performance after the termination of this Agreement will be enforceable notwithstanding such termination. Neither party will be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. If any dispute arises under this Agreement, the prevailing party will be reimbursed by the other party for any and all legal fees and costs associated therewith.
jms-Concept Solutions, owner of the SCOF-Concept and the MASTOR-Concept systems.