Limited Warranty and Disclaimer<\/strong><\/p>\nSolutions A1\u2019s warranty is limited to the amount of money the user may have paid Solutions A1 for the monthly or yearly use of its software and at no time will it exceed thirty-six dollars (36 $)<\/p>\n
The Software is provided \u201cas is\u201d and Solutions A1 makes no representations or warranties, and disclaims all representations, warranties, and conditions, oral or written, express or implied, arising from course of performance or usage or otherwise, including, without limitation, implied warranties of quality, adequacy, title, or non-infringement.<\/p>\n
Furthermore, Solutions A1 makes no warranty, representation, or guarantee as to the software\u2019s use or performance and does not warrant, represent, or guarantee that the operation of the software will be failsafe, uninterrupted, or free from errors or defects.<\/p>\n
The above disclaimer is based on the fact that End Users use their computers for different purposes. therefore, only they can implement backup plans and safeguards appropriate to their needs in the event that an error in the software causes computation problems and related data losses. For these reasons, you agree to the no-liability defined above.<\/p>\n
Intellectual Property.<\/strong><\/p>\nSolutions A1 is sole proprietor of TimeStampPro and HorodateurPro:<\/p>\n
\n- Therefore, Solutions A1 has no obligation to indemnify or defend End Users for claims asserted, in whole or in part, against technology or designs that you gave to Solutions A1 or programming that were made available by any other source than Solutions A1.<\/li>\n
- Should there be a claim against Solutions A1\u2019s technology, you must provide to Solutions A1 prompt written notice of any such claim against Solutions A1 software and your agreement to give Solutions A1 sole control over the defense and settlement of the claim as well as your full cooperation.<\/li>\n
- Solutions A1 will not be responsible for any cost, expense, or compromise that you make or incur without Solutions A1 \u2019s prior written consent.<\/li>\n
- Should any claim arise against Solutions A1 Software through you, Solutions A1 will terminate your license by ending the Cloud Service agreement. <\/li>\n<\/ul>\n
Termination<\/strong><\/p>\nUsers may terminate their license at any time by uninstalling the Software and\/or App or end monthly or yearly payment of license use. Solutions A1 may terminate an End User\u2019s license in the event that End User infringes this Agreement.<\/p>\n
Beta Software<\/strong><\/p>\nThe Terms and Conditions of this Agreement apply to users who agree to test or otherwise use Solutions A1 Beta Software.<\/p>\n
\n- The licencing period is defined solely by Solutions A1 principals<\/li>\n
- Beta Software may contain errors, bugs or other problems that could cause system failures and data loss. Hence, Beta Software is provided to you \u201cAS IS\u201d and Solutions A1 disclaims any warranty or liability obligations to you of any kind.<\/li>\n
- Information provided by you in using Beta Software shall be used solely for evaluation purposes, debugging, bettering, updating or upgrading of said Beta Software.<\/li>\n
- It is the End Users\u2019 responsibility to verify for and download updated versions of Beta Software. At no time will Solutions A1 be liable for said verification and download.<\/li>\n<\/ul>\n
<\/strong><\/p>\nPrivacy and Collection of Personal or System Information<\/strong><\/p>\n\n- a) Support or service subscription may employ applications and tools to collect personally identifiable, sensitive or other information about End Users including but not limited to said users such as name, address, email address, Social insurance number (Encrypted in the Database) in Canada, telephone number payment details, users\u2019 cell phone, tablet and\/or computer, stored files, network data (IP address, Mac Address etc.), licenses used, hardware type, device ID, IP address, location, content, Solutions A1 products installed, Solutions A1 components, processes and services information, frequency and details of update of Solutions A1 components, information about third party products installed, extracts of logs created by Solutions A1 , usage patterns of Solutions A1 products and specific features, in other words, the Metadata and the Data. It is important to know that access to the different elements of the solution however is protected via the User\u2019s authentication.<\/strong><\/li>\n
- b) The collection of the Metadata as well as the Data is necessary to provide End Users with the relevant Software, Support or service subscription functionalities as ordered, to enable Solutions A1 to improve and provide its Software, Support or service. You may be required to uninstall the Software to stop further Data collection that supports these functions.<\/li>\n
- c) By entering into this Agreement, or using the Software, Support or service End Users agree to Solutions A1\u2019s Privacy Policy as appears on Solutions A1\u2019s web site (www.Solutions A1.com) and to the collection, processing, copying, backup, storage, transfer and use of this Data by Solutions A1 in, from and to Canada.<\/li>\n<\/ol>\n
Export Regulations.<\/strong><\/p>\nYou acknowledge that the Software is subject to Canada export regulations. You shall comply with applicable export laws and regulations for the jurisdiction in which the Software will exported. You are responsible, at your own expense, for any local government permits, licenses or approvals required for importing the Software.<\/p>\n
Governing Law<\/strong><\/p>\nThe Agreement and License shall be governed by and construed in accordance with the laws of the Province of Qu\u00e9bec, Canada, without reference to principles of conflict of laws.<\/p>\n
Confidentiality<\/strong><\/p>\n\n- Solutions A1 hereto acknowledges that by reason of its relationship with End Users, it may have access to confidential information and materials concerning End Users\u2019 business, technology, and\/or products that is confidential to the other party.<\/li>\n
- Solutions A1 confirms herewith that it will not use in any way for its own account or the account of any third party, such Confidential Information, except as authorized by End User, and will protect Confidential Information at least to the same extent as it protects its own Confidential Information and to the same extent that a reasonable person would protect such Confidential Information<\/li>\n
- By installing and using Solutions A1\u2019s Software, the user acknowledges that Solutions A1 will collect and retain the name, address, telephone number, social insurance number (Encrypted in the Database) of the End User in Canada and its equivalent elsewhere in the world, the dates of the days worked, the dates of start and end of employment, the daily, weekly, monthly and annual working hours of the End User and the geographical coordinates of the End User’s workplace such as measured by the End User\u2019s cell phone, hence the Data.<\/li>\n
- By terminating the use of Solutions A1 license and\/or uninstalling StampTimePro and\/or HorodateurPro apps, Solutions A1 will automatically stop collecting the Data.<\/li>\n
- The Confidential Information restrictions will not apply to Confidential Information that:\n
\n- is already known to the receiving party at the time of access hereunder<\/li>\n
- becomes publicly available through no wrongful act of the receiving party,<\/li>\n
- is independently developed by the receiving party without benefit of the disclosing party\u2019s Confidential Information<\/li>\n
- has been rightfully received from a third party not under obligation of confidentiality<\/li>\n
- is required to be disclosed by law, provided the party compelled to disclose the Confidential Information provides the party owning the Confidential Information with prior written notice of disclosure adequate for the owning party to take reasonable action to prevent such disclosure, where reasonably possible.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n
Company mergers or other:<\/strong><\/p>\nSolutions A1 may, at any time and without any approval or consent from its End Users, written or verbal, share and\/or transfer the Agreement to an interested party that would become a business partner or sole proprietor of Solutions A1.<\/p>\n
In such event, the third party will have the same obligations toward End Users as is written in the Agreement.<\/p>\n
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