FREE LICENSE AGREEMENT
1. GENERAL LICENSE AGREEMENT
2. GUIDELINES FOR THE USE OF THE IMAGES
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN
YOU AND HEMERA TECHNOLOGIES INC.
("HEMERA", "WE" OR "OUR").
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") IN ITS ENTIRETY
BEFORE LAUNCHING THIS PRODUCT.
BY AGREEING, YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS:
a) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT
IN THIS LICENSE;
b) YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL INTERNET SERVICE PROVIDER
FEES, TELECOMMUNICATION AND OTHER CHARGES THAT MAY APPLY AS A RESULT
OF YOUR LAUNCHING OF THE PRODUCT; AND
c) IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT
TO HEMERA THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY.
IF YOU DO NOT AGREE, THIS PRODUCT WILL NOT BE LAUNCHED.
Hemera Technologies Inc. ("we" or "us") provides
you with storage media containing a computer program, computer software,
including its code, objects including their API’s as well as any
images, photographs, templates, animations, video, audio, music, text
and "applets" incorporated into the software, the accompanying
printed materials, a License, and "online" or electronic documentation
(together called the "Product") and we grant you a license
to use the Product in accordance with the terms of this License. Any
supplemental software code and supporting materials provided to you as
part of support services provided by Hemera for the Product shall be
considered part of the Product and are subject to the terms and conditions
of this License. The copyright and all other rights to the Product shall
remain with us or our licensors. You must reproduce any copyright or
other notice marked on the Product on all copies you make. Hemera may
have patents, patent applications, trademarks, copyrights or other intellectual
property rights covering the subject matter in this document. Except
as expressly provided in any written license agreement from Hemera, the
furnishing of this document does not give you the license to these patents,
trademarks, copyrights, or other intellectual property.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You
may also make and use a second copy of the Product on a home or portable
computer, provided that copy is never loaded in the RAM of the home
or portable computer at the same time it is loaded in the RAM of the
2. store or install a copy of the Product on a storage device, such as
a network server, used only to install or run the Product on your other
computers over an internal network; however, you must acquire and dedicate
a license for each separate computer on which the Product is installed
or run from the storage device.
3. make one copy of the Product for archive or backup purposes.
4. use the images contained in the Product only if you comply with the
terms set out in the Guidelines for the Use of The Images below.
5. transfer the Product to someone else only if you assign all of your
rights under this License, cease all use of the Product, erase or destroy
any copy (including the hard disk copy) made in support of your use of
the Product, and ensure that the person to whom you wish to transfer
the Product agrees to the terms of this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile or disassemble the Product
except to the extent the foregoing restriction is expressly prohibited
by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in
paragraph B above.
4. modify the Product or merge all or any part of the Product with another
5. redistribute the fonts or sound files included with the Product.
6. separate the component parts of the Product for use on more than one
This License shall remain in effect only for so long as you are in compliance
with the terms and conditions of this agreement. This License will
terminate if you fail to comply with any of its terms or conditions.
You agree, upon termination, to destroy all copies of the Product.
The Limitations of Warranties and Liability set out below shall continue
in force even after any termination.
E. LIMITATION OF WARRANTIES AND LIABILITY:
THE PRODUCT IS PROVIDED AND LICENSED BY HEMERA ON AN "AS IS" BASIS,
WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED
BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS
OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC
LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A
THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS
AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
F. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product by or for any unit or
agency of the United States Government (the "Government"),
the Product shall be classified as "commercial computer software",
as that term is defined in the applicable provisions of the Federal
Acquisition Regulation (the "FAR") and supplements thereto,
including the Department of Defense (DoD) FAR Supplement (the "DFARS").
The Product was developed entirely at private expense, and no part
of the Product was first produced in the performance of a Government
contract. If the Product is supplied for use by DoD, the Product is
delivered subject to the terms of this License and either (i) in accordance
with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted
rights in accordance with DFARS 252-227-7013 (c)(1) (ii)(OCT 1988),
as applicable. If the Product is supplied for use by a Federal agency
other than DoD, the Product is restricted computer software delivered
subject to the terms of this License and (i) FAR 12.212(a); (ii) FAR
52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer
is Hemera Technologies Inc., 490 St-Joseph Blvd., Hull, Quebec, J8Y
This License is the entire agreement between us, superseding any other
agreement or discussions, oral or written, and may not be changed except
by a signed agreement. This License shall be governed by and construed
in accordance with the laws of the Province of Ontario, Canada, excluding
that body of law applicable to choice of law and excluding the United
Nations Convention on Contracts for the International Sale of Goods
and any legislation implementing such Convention, if otherwise applicable.
You hereby consent and attorn to the jurisdiction of the courts of
such province. Hemera may assign this License at any time. If any provision
of this License is declared by a Court of competent jurisdiction to
be invalid, illegal, or unenforceable, such a provision shall be severed
from the License and the other provisions shall remain in full force
GUIDELINES FOR THE USE OF THE IMAGES
This product contains numerous images (collectively
referred to as the "Images")
which are either owned by Hemera or licensed from a third party. As a
user of this product, you are free to use, modify and publish the Images
as you wish subject to the restrictions set out below. Since we are not
in a position to offer guidance on each individual use of our digital
content, please feel free to consult independent legal resources in cases
where you are uncertain about intended usage. Supplementary rights may
need to be acquired in some cases.
A. YOU MAY, subject to any restrictions set out below
1. incorporate any Image(s) into your own original work and publish,
display and distribute your work in any media, provided you include a
copyright notice in any electronic or digital work reflecting on the
copyright ownership of both you and Hemera as follows:
"Copyright © 20__ [your name] and
its licensors. All rights reserved."
You may not, however, resell, sublicense or otherwise make available
the Image(s) for use or distribution separately or detached from a product
or Web page. For example, the Image(s) may be used as part of a Web page
design, but may not be made available for downloading separately or in
a format designed or intended for permanent storage or re-use by others.
Similarly, clients may be provided with copies of the Image(s) (including
digital files) as an integral part of a work product, but may not be
provided with the Image(s) or permitted to use the Image(s) separately
or as part of any other product;
2. make one (1) copy of the Image(s) for backup or archival purposes.
3. use unwatermarked Image(s) for compositional purposes only, and not
for publication of any kind.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using the
Image(s), nor use the Image(s) for any other purpose which is prohibited
2. use or permit the use of the Image(s) or any part thereof as a trademark
or service mark, or claim any proprietary rights of any sort in the Image(s)
or any part thereof;
3. use the Image(s) in electronic format, online or in multimedia applications
unless the Image(s) are incorporated for viewing purposes only and no
permission is given to download and/or save the Image(s) for any reason;
4. rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or legal entity. You may, however, transfer your license
to use the Image(s) to another person or legal entity, provided that
(i) you transfer the Image(s) and this License, including all copies
(except copies incorporated into your work product as permitted under
this License), to such person or entity, (ii) that you retain no copies,
including copies stored on a computer or other storage device, and (iii)
the receiving party agrees to be bound by the terms and conditions of
5. use any Image(s) except as expressly permitted by this License;
6. use the Image(s) related to identifiable individuals, products or
entities for any commercial purpose or in a manner which suggests their
association with or endorsement of any product or service.