This constitutes the License Agreement published at www.bigdatabase.ca binding all signatories to the BIG Online 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 BIG Online
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 BIG Online for internal purposes only. More particularly, the Subscriber may use the information obtained from BIG Online for the sole purpose of meeting its own fundraising needs.
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 BIG Online 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 BIG Online for the subscription period. Metasoft is not responsible for any failure or interruption of electronic connection to BIG Online however.
2. Copyright and Permitted Uses
All information in BIG Online 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 BIG Online for research purposes only, provided the Subscriber maintains all copyright notices contained in the information.
The Subscriber's license to BIG Online 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 BIG Online is obtained, and the inherent hazard of electronic distribution, there may be delays, omissions or inaccuracies in the information and the service. BIG Online is provided "As Is" and without warranty of any kind. Metasoft makes no warranty or representation, either express or implied with respect to BIG Online 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 BIG Online. Further, Metasoft does not warrant, guarantee or make any representation regarding the use, or the results of the use of BIG Online 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 BIG Online or for indirect, special, incidental or consequential damages arising out of the use of or inability to use BIG Online, 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 BIG Online, 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 BIG Online. The Subscriber's continued use of BIG Online 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 BIG Online.
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