NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 6; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. USB) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN SIXTY (60) DAYS OF THE PURCHASE DATE.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means Ouino Languages, based out of Quebec city, Quebec, Canada.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s), USB drives or other media with which this Agreement is provided, including but not limited to (i) Ouino Languages or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Ouino Languages (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Ouino Languages.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE
As long as you comply with the terms of this End User License Agreement (the “Agreement”), Ouino Languages grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions.
2.1 General Use
You may install and Use a copy of the Software on your compatible computer, on up to three devices. No other use is permitted and is not to be used by any user not licensed to use this copy of the Software through a valid license from Ouino Languages; and
2.2 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.
2.3 Computer Use
You, as the primary user of the computer on which the Software is installed, may also install the Software on two additional devices. However, the Software may not be used on another computer or device at the same time the Software on the primary computer is being used.
3. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by Ouino Languages to make are the intellectual property of and are owned by Ouino Languages and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Ouino Languages and its suppliers. The Software is protected by copyright, including without limitation by Canadian Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 (“Software License”).
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Ouino Languages to provide the information necessary to achieve such operability and Ouino Languages has not made such information available.
Ouino Languages has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Ouino Languages or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Ouino Languages Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. REFUND POLICY
Ouino Languages offers a 60 day money-back guarantee on the functionality of the program. If for any reason, the program does not function correctly on the buyer’s computer, the buyer should contact Ouino Languages’ technical team to attempt to fix the problem. If the problem cannot be fixed, the refund will be issued with no further questions. Ouino Languages also offers a 60 day satisfaction money-back guarantee. If for any reason, the customer is unsatisfied with the product, or feels as if the program was misrepresented in any way; the customer will receive a prompt refund for the full amount of the digital version. There is no refund on the shipping and handling of the retail box, as these costs are used to cover non-recoverable fees.
5. MODELS AND EXAMPLE SENTENCES
All models, pictures, images, words and phrases in this program are fictional, completely invented and imaginary. All names, relationships, hobbies, beliefs and emotions reflected in the examples do not reflect in any way the views of the models, Ouino Languages’ employees or founders, and may not reflect the actual situation of the picture. Images and example sentences were created for learning, and should not be taken critically. Ouino Languages is not responsible for any offence one may take by taking this course.
6. TRANSFER
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
7. NO WARRANTY
Ouino Languages will issue a refund if the user is not satisfied with the Software. HOWEVER, OUINO LANGUAGES AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OUINO LANGUAGES AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL OUINO LANGUAGES OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN OUINO LANGUAGES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. OUINO LANGUAGES’ AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Ouino Languages’ liability to you in the event of death or personal injury resulting from Ouino Languages’ negligence or for the tort of deceit (fraud). Ouino Languages is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Ouino Languages’ Customer Support Department.
9. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of Canada.
10. GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Ouino Languages. Updates may be licensed to you by Ouino Languages with additional or different terms. This is the entire agreement between Ouino Languages and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. COMPLIANCE WITH LICENSES
If you are a business or organization, you agree that upon request from Ouino Languages or Ouino Languages ‘ authorized representative, you will within thirty (30) days fully document and certify that use of any and all Ouino Languages Software at the time of the request is in conformity with your valid licenses from Ouino Languages.
If you have any questions regarding this Agreement or if you wish to request any information from Ouino Languages please contact Ouino Languages.
Ouino Languages, Ouino learning system and Ouino are trademarks of Ouino Languages in Canada and/or other countries.
For further information please contact us.