|
|
|
|
BY INSTALLING MTEL CONNECT (THis application) OR USING THE application UPDATE OR THE PRODUCT, THE USER THEREBY AGREES TO BE LEGALLY BOUND BY THESE TERMS AND conditions. RESTRICTIONS ON USE: This application is to be used by bona fide employees of the Department of Community Safety. The user must use the application only to respond to notifications from emergency Communications centres. The user must not reverse engineer this application. The user must not use the application for illegal purposes. THE USER MUST NOT COPY REPRODUCE ANY OT THE APPLICATION FOR ANY PURPOSE. the USER MUST NOT SUB-LICENCE, LEASE, RENT, LOAN OR DISTRIBUTE THE APPLICATION. tHE USER MUST NOT ALTER REMOVE, MODIFY, OBSCURE, COVER ANY COPYRIGHT, TRADEMARK, OR NOTICE IN THE APPLICATION. tHE USER MUST NOT EXPORT OR TRANSFER THE APPLICATION OR DOCUMENTATION. OWNERSHIP: The user must not assign, transfer, sell or encumber this application to any third party. MTEL communications and/or its licensor's), if any, own all rights, title and interest in and to the application Software, the Product, the Documentation, and related materials, and any copy, reproduction, update, upgrade, modification, derivation and derivative work thereof, and any and all copyrights, patents, marks and names of MTEL Communications. LIMITATION OF Liability: IN NO EVENT WILL MTEL COMMUNICATIONS, ANY THIRD PARTY LICENSOR OF MTEL COMMUNICATIONS, IF ANY, OR ANY EMPLOYEE, CONTRACTOR, AGENT OR AFFILIATE OF MTEL COMMUNICATIONS BE LIABLE TO LICENSEE, ANY END USER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, LIQUIDATED, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION, DATA, INCOME, REVENUE, GOODWILL OR ANTICIPATED SAVINGS) EVEN IF MTEL COMMUNICATIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WARRANTY: THE LICENSED SOFTWARE, PRODUCT, AND DOCUMENTATION IS LICENSED, DELIVERED, AND PROVIDED “AS IS” AND “WHERE IS,” AND MTEL COMMUNICATIONS MAKES NO REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND TO LICENSEE, ANY END USER, OR ANY OTHER THIRD PARTY, WHETHER VERBAL, WRITTEN, EXPRESSLY, OR IMPLICITLY, AND MTEL COMMUNICATIONS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, WORKMANSHIP, ACCURACY, RELIABILITY, INTEROPERABILITY WITH OTHER SOFTWARE OR ANY HARDWARE, SECURITY, OR QUIET ENJOYMENT OR THAT THE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR MEET LICENSEE’S SPECIFIC REQUIREMENTS, FUNCTIONS, OR RESULTS, AND HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING AS A RESULT OF CUSTOM, USAGE OR TRADE AND THOSE ARISING UNDER STATUTE INDEMNIFICATION: THE uSER shall indemnify and hold MTEL COMMUNICATIONS, any third party licensor of MTEL COMMUNICATIONS, if any, and all of either’s directors, officers, employees, agents and representatives harmless from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable fees of lawyers and other professionals and defence costs) arising out of or in connection with THE USER of the APPLICATION or the Product, whether direct or indirect, including without limiting the foregoing, loss of data, loss of profit or business interruption, Licensee’s breach of this Agreement, any violation of applicable law, negligence and/or wilful misconduct by THE USER or any person using the APPLICATION. |
|
|
