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LICENSE.txt
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LICENSE.txt
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By downloading or accessing the Semantic Guesser, you are
agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement (“Agreement”) with respect to Semantic Guesser
(the “Code”). This Agreement constitutes the entire and only
agreement between the University of Ontario Institute of Technology
(“UOIT”) and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Code, and the subject matter of this Agreement.
2. Intellectual Property; Limited License to Users
The Code is protected by copyright and/or other intellectual
property laws, and any unauthorized use of the Code may violate
such laws and the Terms of Use. Except as expressly provided herein,
UOIT and its employees do not grant any express or implied rights
to use the Code. You agree not to copy, republish, frame,
download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create
derivative works based on the Code, except as expressly authorized
herein.
3. Copyright.
The Code is protected under applicable copyrights and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you
of any such matters or any part of the Code, except as allowed
in paragraph 4, is strictly prohibited. You do not acquire ownership
rights Code.
4. Limited Right to Use.
The viewing, printing or downloading of the Code grants you only
a limited, nonexclusive license for use solely by you for your
own personal use for the sole purpose of non-commercial research
and/or other non-commercial academic pursuits and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. UOIT reserves the right to revoke
the authorization to view, download, and print the Code at any
time, and any such use shall be discontinued immediately upon notice
from UOIT. The rights granted to you hereunder constitute a license
and not a transfer of title.
5. Indemnification.
You hereby agree to indemnify and hold harmless UOIT, its employees,
directors, officers, students, agents, contractors and representatives
from and against any and all liability, loss, costs, damages and
expenses (including reasonable legal, expert and consultant fees),
causes of action, actions, claims, demands, lawsuits or other proceedings,
by whomever made, sustained, incurred, brought or prosecuted, in any
way arising out of or in connection with the Code or otherwise in
connection with this Agreement.
6. Nontransferable.
Your right to use the Code is not transferable. Any password or right
given to you to obtain information or documents is not transferable.
7. Disclaimer and Limits.
THE CODE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE CODE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
UOIT, ITS EMPLOYEES, DIRECTORS, OFFICERS, STUDENTS, AGENTS, CONTRACTORS
AND REPRESENTATIVES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE CODE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, UOIT, ITS EMPLOYEES,
DIRECTORS, OFFICERS, STUDENTS, AGENTS, CONTRACTORS AND REPRESENTATIVES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THE CODE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OTHER THAN
IN THE FORM OF A WRITTEN AMENDMENT TO THIS AGREEMENT SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE CODE IS DISCLAIMED. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE CODE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
8. Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Code uses by you and all
information provided by you in any manner consistent with
UOIT’s Privacy Policy.
9. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in the Province of Ontario, Canada, and shall be governed
by and construed in accordance with the laws of the Province of Ontario
(without regard to conflict of law principles). Any action or proceeding
arising out of or relating to this Agreement must be brought in the
courts of the Province of Ontario. Each of the parties hereto hereby
irrevocably attorns to the non-exclusive jurisdiction of the courts of
the Province of Ontario with respect to any matter arising under or
related to this Agreement and waives any objection it may now or hereafter
have to venue or to convenience of forum. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision in the future. All rights and obligations
contained in the Agreement shall extend to and be binding on your respective
heirs, executors, administrators, successors and permitted assigns.
The rights and remedies of UOIT and its employees under this Agreement
are cumulative and are in addition to, and not in substitution for, any
of its rights and remedies provided by law or in equity.