HE TOOLS™ END USER LICENSE AGREEMENT (last updated March 15, 2013)
CAREFULLY READ THE CONTENT OF THIS END USER LICENSE AGREEMENT BEFORE USING THE
HE TOOLS™ SOFTWARE. THIS DOCUMENT IS A LEGAL AGREEMENT
BETWEEN YOU AND FRESH AIR EDUCATORS, INC. ("HUNTERcourse.com") WITH RESPECT TO THE
USE OF HE TOOLS™. HUNTERcourse.com IS WILLING TO LICENSE THE HE
TOOLS™ SOFTWARE, WHICH MAY INCLUDE ASSOCIATED MEDIA AND DOCUMENTATION
("THE SOFTWARE PRODUCT") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS
CONTAINED IN THIS AGREEMENT. BY INSTALLING OR DOWNLOADING OR USING THIS SOFTWARE
PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD,
INSTALL OR OTHERWISE USE THE SOFTWARE PRODUCT.
- Software Product and Scope of Rights. HE TOOLS™
is a collection of educational videos, animations, exercises and information to
improve learning ability of hunter education students and assist instructors. As
set out herein, HUNTERcourse.com grants you, and you accept, a non-exclusive, non-transferable
and non-assignable, limited license to use the current version of HE TOOLS™ Software
Product. The Software Product is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The Software
Product is licensed to you, not sold. All rights not expressly granted are reserved
- Grant of License and Permitted Uses. HUNTERcourse.com grants you
a limited, non-exclusive, non-transferable, non-renewable license to install, use,
access, display, run, or otherwise interact with the Software Product. The current
version of the Software Product is provided to you free of charge for the purpose
of educating current and prospective hunters. The Software Product may be used as
many times as you like, for as long as you like.
- Prohibited Uses.
(a) You may not under any circumstances redistribute, resell, rent, lease or sublicense
the Software Product.
(b) You may not modify, alter, decompile, disassemble, or reverse engineer the Software
Product, create derivative works based upon the Product Software, or make any attempt
to derive the source code.
(c) You may not remove or obscure any copyright, trademarks, logos or other proprietary
notices, legends, symbols or labels in the Software Product.
(d) You may not upload or transmit the Software Product, or any portion thereof,
to any electronic bulletin board, network, or other type of multi-use computer system
regardless of purpose.
(e) You may not include the Software Product in any products intended for manufacture,
distribution, or sale.
- Proprietary Rights. As between the parties, all rights, title,
and interest in and to any and all intellectual property rights in the Software
Product shall remain exclusively with HUNTERcourse.com and/or the Licensor. The
Software Product is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
- Disclaimer of Warranties and Limitation of Liability. THE SOFTWARE
PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND
, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUNTERcourse.com DOES NOT WARRANT,
GUARANTEE OR MAKE ANY REPRESENTATION THAT (a) THE SOFTWARE PRODUCT WILL MEET YOUR
REQUIREMENTS, (b) THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE,
OR VIRUS-FREE, (c) THE INFORMATION IN THE SOFTWARE PRODUCT WILL BE ACCURATE, RELIABLE
OR WILL MEET YOUR EXPECTATIONS.
IN NO EVENT SHALL HUNTERCOURSE.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING
AND WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATE, LOSS OF INCOME OR PROFIT, OR
OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO
PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF HUNTERCOURSE.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that the applicable jurisdiction limits HUNTERcourse.com's ability
to disclaim any implied warranties, this disclaimer shall be effective to the maximum
- Term and Termination. This license is effective until terminated
in accordance with this Agreement. This license shall terminate automatically without
notice from HUNTERcourse.com if you fail to comply with any of the terms and conditions
herein. Upon termination of this license for any reason, you shall discontinue use
of Software Product and destroy all copies of the Software Product. You may also
terminate this license at any time by destroying or disposing of the Software Product.
- Governing Law. This license shall be exclusively governed by and
construed in accordance with the laws of the Province of Ontario, Canada and the
laws of Canada without application of the principles of conflict of laws, where
not contrary to public policy or a legislative regime. The United Nations Convention
on Contracts for the Sale of Goods does not apply.
- Dispute Resolution. In the event of a claim or dispute between
you and HUNTERcourse.com arising under or in connection with the Software Product
and this license, the parties shall first attempt to settle the claim or dispute
by direct discussions. If discussions are not successful, the parties shall arbitrate
pursuant to the, with a final judgment to be entered upon the arbitration award.
The venue for discussions and arbitration shall be Ottawa, Ontario, Canada.