PlaceCam Video Conferencing eLearning 3.0.1.4

EULA - End User License Agreement

Software License Agreement ( PlaceCam )
Copyright
Copyright(c) 1999, 2004 All rights reserved.

Software License Agreement

READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE.
BY INSTALLING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENTAND THAT YOU ACCEPT ITS TERMS AND CONDITIONS, TO THE EXCLUSION OF THE TERMS AND CONDITIONS OF ANY OTHER WRITTEN OR VERBAL UNDERSTANDING. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, AND PROMPTLY RETURN THE ENTIRE PACKAGE AND YOUR RECEIPT TO YOUR PLACE OF PURCHASE WITHIN 10 DAYS FOR A FULL REFUND. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE EVEN IF THE SOFTWARE WAS PRE-INSTALLED ON YOUR COMPUTER, OR IF DISKS CAME PACKAGED WITH YOUR COMPUTER AT NO EXTRA CHARGE.
License and Certain Restrictions

Saratoga Oceanic Development Group Inc. ("SODGI") grants you a limited, non-exclusive, non-professional license to use a single copy of the enclosed software, any final edition thereof, and any updates or maintenance releases thereto (collectively the "Software"), together with the related documentation (the "Documentation"), on a single computer or a single network terminal that is located within the geographic boundaries of Canada, according to the terms set forth in this Software License Agreement (this "Agreement").

SODGI shall have the right to change or add to the terms of this Agreement at any time and to change, discontinue or impose conditions on any aspect of the Software or its use. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice or upon posting such terms on SODGI''s website at www.saratogaoceanic.com

You may: Use the Software on only one computer at a time; make one backup copy of the Software and the Documentation to a third party, or transfer the computer on which the Software is installed to a third party, if said third party agrees to accept the terms and conditions of this Agreement, you notify SODGI you have done so. Your transfer of the Software immediately terminates your license from SODGI.

You may not: Make the Software or Documentation or copies thereof available to any third party in any manner or form or use, copy or transfer the Software, in whole or in part, except as provided above; alter, merge, modify, adapt, rent, sublicense, assign, loan, resell for profit, distribute, network, de-compile or reverse engineer the Software; remove, obscure, or alter any SODGI patent, copyright, trademark or other proprietary rights notices. Copying, duplicating, selling, or otherwise distributing any part of this product without SODGI''s prior written consent is prohibited.

The license granted to you by this Agreement is effective until terminated. You may terminate the license at any time by destroying all copies of the Software and Documentation. SODGI may terminate your license if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Software and Documentation or return them to SODGI.

Satisfaction Guaranteed

If you are not satisfied with this Software, SODGI''s entire liability and your exclusive remedy shall be one of the following:

(a) If you purchased your Software license through a retail store or directly from SODGI, you may (1) return the Software within thirty (30) days to the store where purchased with a dated receipt for a full refund (if the store is unable to issue a refund, call SODGI''s Customer Service at 902.482.2199) or (2) request replacement of defective disk(s) from SODGI of the version purchased within sixty (60) days, with a dated receipt and the defective disk(s) you wish replaced. If the disk(s) are defective and you would like replacement disk(s) after sixty (60) days from your date of purchase, you may obtain a replacement by sending your defective disk(s), proof of purchase, and a check for fifteen dollars ($15.00), plus applicable tax, to Saratoga Oceanic DGI. Any such request for replacement of defective disk(s) must be sent via registered mail to: Saratoga Oceanic DGI., 5562 Sackville Street, Halifax, Nova Scotia, Canada, B3J 1L1. For all orders shipped within Canada, please add all applicable provincial and local sales tax as well as tax on shipping and handling based on your shipping address.

(b) If the Software was pre-installed on your computer when you bought it, or if a disk or disks came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may be able to obtain replacement disk(s) from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, to the computer manufacturer.

(c) If you obtained the Software by downloading it onto your computer, and the Software did not install properly, try installing it again before contacting SODGI''s Customer Service at the number given above.

Warranty

Disclaimer of Warranties

Except as MAY BE EXPRESSLY provided above, this Software and related services (IF ANY), documentation, and other materials are provided "as-is" and, to the maximum extent permitted by applicable law, you accept the entire risk as to the quality and performance of the Software. To the maximum extent permitted by applicable law, SODGI and its subsidiaries, affiliates, licensors, participating financial institutions, third party content OR service providers, distributors, dealers or suppliers (collectively, "Representatives") disclaim all other representations, warranties and conditions, whether express or implied, regarding this Software, disk(s), related documentation, and other materials and any services, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. SODGI does not warrant that the Software shall perform error-free or without interruption or that it is free from bugs, viruses, errors, or other program limitations (including but not limited to accurate or updated third party Content). SODGI does not warrant that the user will enter all items required for a complete tax return.

No oral or written information or advice given by SODGI and its licensors, their respective employees, distributors, dealers or agents shall increase the scope of the above representations, warranties or conditions or create any new representations, warranties or conditions in connection with the Software or this AGREEMENT.

Some provinces may not allow the exclusion of implied representations, warranties and conditions, so the above exclusions may not apply to you. In that event, any implied warranties or conditions are limited in duration to NINETY (90) days from the date of purchase of YOUR License of the Software, or to the shortest period permitted by applicable law, if longer. However, some provinces may not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from province to province.

Limitation of Liability and Damages

The entire and sole liability of SODGI for any reason shall be limited to the amount paid by the customer for the License of the Software SET FORTH IN THIS AGREEMENT. To the maximum extent permitted by applicable law, SODGI and its Representatives are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if SODGI or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

SODGI and its Representatives'' total liability to you for all damages from any cause whatsoever will be limited to the amount paid by you for the SOFTWARE License SET FORTH IN THIS

AGREEMENT

Some provinces may not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The limitations of liability and damages set forth IN THIS PARAGRAPH are fundamental elements of the basis of the bargain between SODGI and you. SODGI would not be able to have provided this Software, documentation, other materials and related services (IF ANY) to you without such limitations.

General Provisions

This Agreement sets forth SODGI''s and its Representatives'' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement contains a complete statement of the understanding between you and SODGI regarding the subject matter hereof, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software, documentation, other materials, or related services (if any). This Agreement does not limit any rights that SODGI may have under trade secret, copyright, patent, trademark or other laws. The Representatives of SODGI are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on SODGI, other than in writing signed by an officer of SODGI. Accordingly, such additional statements are not binding on SODGI and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision will, to the extent necessary, be deemed amended or omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Nova Scotia law (without reference to choice of law principles), except as to patent, copyright and trademark matters, which are covered by Canadian federal laws and international treaties. This Agreement is deemed entered into at Halifax, Nova Scotia, and shall be construed as to its fair meaning and not strictly for or against either party.

The Software may contain dated information. Use of the Software is based on your understanding that this Software may not include all the information or the most current information relevant to your particular needs or situation. If you have any questions concerning this Agreement, or your rights or obligations hereunder, you may contact SODGI by writing to: Saratoga Oceanic DGI., 5562 Sackville Street, Halifax, NS B3J 1L1 Attn: Finance Department.

Export Restrictions

You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and Regulations under the Export and Import Permits Act, as well as by the United States Export Administration Act and Export Administration Regulations (collectively, the "Acts"). You agree and certify that neither the Software nor any part or direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly, outside Canada (other than to the United States) or is being or will be used for any purpose prohibited by the Acts; provided, however, that any person may travel to countries not prohibited by the Acts for a period of three months with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Acts.

Consumer Information

SODGI will gather end user registration, online financial service usage (e.g., The type of online service used, but not transaction detail), Software version, hardware and Internet service provider information. This information will be used to notify customers and make decisions about support, product and business issues. SODGI may also make registration information available to third parties from time to time. SODGI will not use customer names or other customer information including consumer information except as permitted by applicable law.

Trademarks

SODGI, the SODGI logo, Camtrek, PlaceCam, Richvmail Products, among others, are trademarks and/or service marks of Saratoga Oceanic DGI., or one of their affiliates. Daviko are recognized trademarks own by daViKo GmbH, Am Borsigturm 40, 13507 Berlin - Germany, Microsoft and Microsoft Internet Explorer are registered trademarks of Microsoft Corporation. Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners and appear through the courtesy of such owners. Such marks are protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.