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Terms and Conditions of Service and Sale

The Client (You) and Addison Graphics Ltd., upon entering an
agreement for supply of goods and/or services either verbally or in writing, agree to be bound by the following terms and conditions. Acceptance of the Terms and Conditions is acknowledged by the client verbally or in writing engaging Addison Graphics Ltd. to supply goods and/or services.

Hardware and Materials • Services • Software

Consulting, Design and Installation Services

1. General Terms of Sale for Consulting, Design and Installation services: Deposit retainer of 25% upon entering the agreement for the total estimated time to be spent on the service, with incremental billing to take place once the retainer has been consumed and a further retainer of 25% to be advanced by the client at that time. Final billing to be rendered upon completion of services with any unused retainer returned to the client or balance due to be paid by the client at time of completion.

2. Whether or not a retainer or deposit has been received by Addison Graphics Ltd., the client agrees to pay all invoices immediately upon receipt of invoice for services rendered. Unused retainers will be returned to the client upon completion of the services. Once the service has been rendered, no refund is applicable.

3, Consulting, Design and Installation services are supplied on a fee-for-service basis at a pre-agreed hourly rate, without warranty expressed or implied for any specific results or effect.

4. Limitation of Remedies and Damages.  In no event will Addison Graphics Ltd., its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the provision of services on a fee-for-service basis, regardless of the basis of the claim and even if Addison Graphics Ltd. or an Addison Graphics Ltd. representative has been advised of the possibility of such damage.  Addison Graphics Ltd.’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $25 or the money paid for the services that caused the damages, except that those damages are caused by actions or events beyond the control of Addison Graphics Ltd. in which case Addison Graphics Ltd.'s liability shall be nothing.

5 . An estimate of the total time for services to be rendered will often be provided at the start of any agreement. This time estimate may be based on certain unknown factors and as such is a ‘best-guess” estimate based on experience. The factors utilized in arriving at the estimate may or may not be fully detailed at time of the estimate. Some unknown factors that may alter the final time spent are, but are not limited to: Changes in specification in the course of the service made by or at the request of the client; Client-supplied hardware or previous installations; software or hardware configurations unknown to Addison Graphics Ltd. at the time of estimate. All effort will be made by Addison Graphics Ltd. to complete the services within the estimated time, and the client will be informed prior to any additional services being rendered due to unknown factors arising during the course of service, and any such services rendered will be additional to the original agreement. The client agrees to pay for all services rendered under the agreement(s) whether written or verbal.

Hardware and Materials

General Terms of Sale for Hardware and Materials: Deposit required of 50% of the estimated total invoice, balance due upon delivery.
  New hardware supplied by Addison Graphics Ltd. is generally covered by manufacturer’s warranty, and is not warranted by Addison Graphics Ltd. Warranty for new hardware will vary by manufacturer. Refer to manufacturer’s documentation for warranty on specific components of hardware purchased from Addison Graphics Ltd.
  Software installations on hardware supplied by Addison Graphics Ltd. are not covered under warranty. The client is responsible to preserve copies of (back-up) any software applications and/or documents stored on hardware (fixed) or removable media at all times. The client is responsible to restore software applications and/or documents to fixed media or components repaired under manufacturers warranty. If Addison Graphics Ltd. is required or requested to provide any back-up or restoration services, a charge will be made for such services, and the client agrees to pay such charges upon completion of the service.
  Used hardware supplied by Addison Graphics Ltd. is supplied "as-is" without warranty of any kind. Hardware will be tested for general operation at time of installation, and will not be sold if it is not operational at time of installation. No other warranties or remedies are available for used hardware. All used hardware sales are final.
  Any and all hardware or material supplied by Addison Graphics Ltd. under any agreement, whether written or verbal, remains the property of Addison Graphics Ltd. until paid for in full. For the purpose of transfer of title only, any hardware supplied in conjunction with installation or consulting services is not to be considered separately from the whole agreement whether or not such hardware may be on a separate invoice, and title to hardware does not transfer to the purchaser until payment for all hardware and services supplied under the agreement(s) are paid for in full. Payments tendered via cheque are not considered to be received by Addison Graphics Ltd. until cleared through the payer’s bank in favor of Addison Graphics Ltd. Any equipment that is the property of  Addison Design Inc. may be removed to Addison Graphics Ltd. premises and the client agrees to allow Addison Graphics Ltd. or its principals, employees or designated subcontractors, unrestricted access to Addison Graphics Ltd. equipment on customer premises for such removal should it be considered necessary in the sole view of Addison Graphics Ltd.
Taxes are charged and collected on behalf of government agencies. If at any time an error shall be made in taxes collected by Addison Graphics Ltd. and subsequently become payable, or credit for overpayment, any amount due or credit received shall be on the account of the purchaser.

Software

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING SOFTWARE SUPPLIED BY Addison Graphics Ltd.  BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE.

Business software solutions ("Software") are licensed, not sold, to you by Addison Graphics Ltd. for use only under the terms of this License, and Addison Graphics Ltd. reserves any rights not expressly granted to you.  You own the media on which the Software is recorded or fixed, but Addison Graphics Ltd. and its licensors retain ownership of the Software itself. 

1.    License.  This License allows you to:

(a)   Use one copy of the Software on a single computer at a time.  To ‘use’ the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.).

(b)   Use the software loaded into RAM memory on a host computer from another client workstation on a network provided that a copy/serial number of Filemaker 5, or other application to be specified, to access the software is purchased from Addison Graphics Ltd. for each workstation (computer) that will access the software over the network.

(c)   Make one copy of the Software in machine readable form solely for backup purposes.  As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Addison Graphics Ltd..

(d)   Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License.

NOTE: Failure to comply with these terms may result in permanent damage to your data files for which Addison Graphics Ltd. is not responsible.

2.    Restrictions.  The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM.  YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3.    Termination.  This License is effective until terminated.  This License will terminate immediately without notice from Addison Graphics Ltd. or judicial resolution if you fail to comply with any provision of this License.  Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 6, 7 and 8 will survive any termination.

4. Passwords. The Software licensed to you contains features which are protected by certain passwords.  You are not authorized to enter, remove or change such passwords, and only Addison Graphics Ltd. is authorized to enter, remove or change such passwords.

5. Export Law Assurances.  You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.

6. Limited Warranty.  Addison Graphics Ltd. warrants for a period of ninety (90) days from your date of purchase that (i) the media on which the Software is provided from Addison Graphics Ltd. will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by Addison Graphics Ltd. will substantially conform to Addison Graphics Ltd.’s specifications for the Software.  Addison Graphics Ltd.’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Addison Graphics Ltd.’s option, replacement of the media, refund of the purchase price or repair or replacement of the Software.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY Addison Graphics Ltd. AND Addison Graphics Ltd. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.    Limitation of Remedies and Damages.  In no event will Addison Graphics Ltd., its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Addison Graphics Ltd. or a Addison Graphics Ltd. representative has been advised of the possibility of such damage.  Addison Graphics Ltd.’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $25 or the money paid for the Software that caused the damages, except that caused by actions in which the software was utilized in contravention of this license, in which case Addison Graphics Ltd.'s liability shall be nothing.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. General.  This License will be construed under the laws of the Province of British Columbia , Canada , except for that body of law dealing with conflicts of law.  If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.