License and Warranty

IMPORTANT - READ CAREFULLY BEFORE INSTALLING THE SOFTWARE

NOTICE OF COPYRIGHT IN THE SNOWPRO PLUS+ FOR WINDOWS SUBSCRIPTION SOFTWARE

All software on the disks of this Snowpro Plus+ for Windows Subscription Software and all accompanying written materials are protected by copyright laws and international treaty. Copyright belongs to Her Majesty the Queen in Right of the Province of British Columbia, Canada and portions to Gasman Industries Ltd. of Victoria, B.C. Canada. You may not copy the software or the accompanying materials except as authorized by the following license agreement.

LICENSE AGREEMENT

This is a legal agreement between you, as the licensee, and Gasman Industries Ltd. BY INSTALLING THE SOFTWARE, YOU AGREE TO BECOME A LICENSEE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you do not agree to be bound by them, contact Gasman by phone or email  within 7 days with your serial# stating your intention to cancel your subscription license at which time your subscription will be canceled.  A full refund will be issued as stated in section 8.

1. Software: Her Majesty the Queen in Right of the Province of British Columbia (the “Province”) is the exclusive owner of the Snowpro Plus+ for Windows Subscription Software and all accompanying written materials (the “Software”) and Gasman Industries Ltd. (“Gasman”) has a license to reproduce and market copies of the Software for use by its customers under license agreements.

2. Copyright: You acknowledge the copyright as stated in the Notice of Copyright above. The Province retains the title to the Software recorded on the original disk and all subsequent copies. Your right to use the Software is limited to the license granted by this agreement.

3. License to Use: You may use and display the Software on a single-user computer or on a single terminal or workstation of a network or multi-user computer. A separate copy of the Software must be purchased for each additional terminal or workstation of a network or multi-user computer on which the Software is used. You may physically transfer the Software from one computer to another, as long as there is no possibility of it being used at more than one location at the same time. You may not electronically transfer it over a network.

4. Copy Restrictions: You may make one machine-readable copy of the Software for backup purposes only. You may not use that copy for any purpose other purpose. You may not distribute copies of the Software or accompanying written material to others.

5. Use Restrictions: You may not decompile, disassemble, reverse engineer, copy, transfer, use the Software to provide services (commonly known as a service bureau) to others, without charge, or otherwise use the Software except as stated in this agreement.

6. Transfer of License: You may not transfer any of your rights under this agreement except as stated in this paragraph. You may permanently transfer your license to use the Software and accompanying written materials to another person by delivering simultaneously the original disks and materials and a copy of this agreement to that person This transfer terminates your license to use the Software. You must at the same time destroy all copies of the Software and accompanying written materials in your possession that you do not deliver to the other person. On first using the Software, the person to whom it is transferred becomes bound as the licensee under this agreement and is licensed in accordance with its terms.

7. Termination of License: This license agreement terminates automatically, without notice from Gasman, if you fail to comply with any of its terms. On termination, you must destroy all copies of the Software in your possession, including all modified copies.

8. Warranty: You agree to the limited warranty and limitations provided below:

LIMITED WARRANTY

The Software is provided “as is”, without warranty of any kind except as provided for in this paragraph. The entire risk as to results and performance of the Software is with you. Gasman warrants that the components of the Software will be free from any and all operational defects under normal use for a warranty period of 60 days from the date of delivery of the original subscription license. You may cancel your subscription license during this period by notifying Gasman in writing by mail or email and including your name and Software serial#. In the first 7 days Gasman will refund the full subscription license fee. After 7 days Gasman will refund the subscription license fee less an amount pro-rated to the total months or partial months during the annual subscription period that you used the software. After 60 days there will be no refund.

 The above is the only warranty of any kind, expressed or implied, statutory or otherwise, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Province and Gasman expressly disclaim any warranty of merchantability or fitness for a particular purpose of the Software.  You assume the entire risk as to the suitability of the Software for your intended in either tort or contract to you or any other party for damages, including any special incidental, consequential or furnishing of the Software, associated documentation or purpose(s). In no event will the Province or Gasman be liable indirect damages arising out of the use, performance or other services supplied by Gasman, even if the Province or Gasman has been advised of the possibility of such damages. Without limiting the generality of the foregoing, neither Gasman nor the Province will be liable to you for any loss of use, revenue or profit even if the Province or Gasman has been advised of the possibility of such potential loss by any third party and for valuable consideration the receipt or damage, or for any claim or action brought against Gasman and sufficiency of which is hereby acknowledged, the licensee agrees to indemnify and save harmless each of the Province and Gasman from and against any liability arising out of any of the circumstances referred to in this paragraph.

9. General: This agreement constitutes the complete agreement between Gasman and you and supersedes all previous proposals, oral and written, representations, negotiations, commitments and other communications between the parties. This agreement may not be changed or modified except by an instrument in writing signed by the parties. If any provision of this agreement is found to be illegal, invalid, or unenforceable it will be severable from this agreement, and the remaining provisions will not be affected thereby and will be valid, legal and enforceable. This Agreement will be governed by and construed in accordance with the laws of British Columbia, Canada.