This constitutes the License Agreement published at www.FoundationSearch.com binding
all signatories to the FoundationSearch Subscription Order Form. By signing this
form a subscriber (the Subscriber) agrees with Metasoft Systems Inc. (Metasoft)
to be bound by and adhere to the following terms and conditions:
1. Access to FoundationSearch
On receiving payment of the license fee from or on behalf of the Subscriber, Metasoft
grants the Subscriber for the agreed upon term (one to five years) a nonexclusive,
nontransferable, personal license without sublicensing rights to access FoundationSearch
for internal purposes only. More particularly, the Subscriber may use the information
obtained from FoundationSearch for the sole purpose of meeting its own fundraising
Metasoft will issue to the Subscriber user ids and passwords for the agreed on number
of registered users. Unless otherwise agreed in writing, the Subscriber may designate
one person as their registered user (the Registered User). The designation of the
particular registered user may change during the term of the Subscriber's license,
but unless otherwise agreed in writing, with additional payment, the total number
of registered users during the license term will not exceed the original agreed
on number of registered users.
Access to FoundationSearch is restricted to Registered Users of the Subscriber.
A registered user is a single user at a single site. The Subscriber will not permit
use whether direct or indirect of the user ids and passwords issued to the Registered
User by anyone other than the Registered User.
Metasoft will use its best efforts to ensure that the Subscriber has access to and
support in using FoundationSearch for the subscription period. Metasoft is not responsible
for any failure or interruption of electronic connection to FoundationSearch however.
2. Copyright and Permitted Uses
All information in FoundationSearch is protected by copyright under Canadian copyright
laws, international conventions and other copyright laws. Any reproduction, modification,
publication, transmission, transfer, sale, distribution, display or exploitation
of the information in any form or by any means, or any storage of the information
in a retrieval system whether in whole or in part, without the express written permission
of Metasoft is prohibited.
The Subscriber may print or download information from FoundationSearch for research
purposes only, provided the Subscriber maintains all copyright notices contained
in the information.
The Subscriber's license to FoundationSearch may be temporarily suspended or wholly
terminated without notice or refund, if Metasoft reasonably believes that the Subscriber
has failed to comply with the terms and conditions of this License Agreement.
4. Limited warranty
Due to the number of sources from which information in FoundationSearch is obtained,
and the inherent hazard of electronic distribution, there may be delays, omissions
or inaccuracies in the information and the service. FoundationSearch is provided
"As Is" and without warranty of any kind. Metasoft makes no warranty or representation,
either express or implied with respect to FoundationSearch including but not limited
to its quality, performance, merchantability or fitness for a particular purpose.
Metasoft assumes no responsibility for the accuracy or application of or errors
or omission in any data or software contained in FoundationSearch. Further, Metasoft
does not warrant, guarantee or make any representation regarding the use, or the
results of the use of FoundationSearch in terms of correctness, accuracy, reliability,
currency or otherwise.
5. Limitation of Liability
Metasoft will not be liable to the Subscriber or anyone else for any decision made
or action taken in reliance on any information contained in FoundationSearch or
for indirect, special, incidental or consequential damages arising out of the use
of or inability to use FoundationSearch, even if advised of the possibility of such
damages. Specifically, Metasoft is not responsible for any costs including but not
limited to those incurred as a result of lost profits or revenue, loss of use of
FoundationSearch, loss of data, the costs of recovering software or data, the cost
of substitute software or data, claims by third parties or for other similar costs.
In no event will the liability of Metasoft under this agreement exceed the amount
of the license fee received by Metasoft from the Subscriber.
6. Governing Law
This agreement will be governed by and construed in accordance with the laws of
the Province of British Columbia.
7. Agreement Changes
Metasoft reserves the right, in its discretion to change or modify all or any part
of this License Agreement at any time, effective immediately on notice published
in FoundationSearch. The Subscriber's continued use of FoundationSearch constitutes
its binding acceptance of the terms and conditions, including any changes or modification
made by Metasoft. If at any time the terms and condition of this Agreement are no
longer acceptable to the Subscriber, the Subscriber should immediately cease all
use of FoundationSearch.
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