You should carefully read the following terms and conditions before continuing with this software program from Fiery Canada, LLC (Fiery). By using this software, you agree to all the terms and conditions as outlined within this license agreement. If you do not agree with these terms, you should return the software license within 5 business days of receipt and your money will be refunded. In consideration of payment of the license fee which is part of the price you paid for this product, Fiery Canada, LLC provides this software and licenses its use; you assume responsibility for the selection of the software to achieve your intended results, and for the use, and results obtained from the software.
NOTE: “Pro Vehicle Outlines Subscription Agreement and Cancellation Terms” section details Terms and Conditions for Pro Vehicle Outlines Subscriptions.
LICENSE:
You may:
1. Use the Software only on a single computer at a time and then only render it operational utilizing for that purpose either the dedicated security device as supplied by Fiery Canada, LLC or utilise other means for activation of the software as required by Fiery Canada, LLC including but not limited to the online registration of the software or input of activation codes supplied by Fiery Canada, LLC for activation purposes.
2. Make 1 reproduction of the supplied software for backup purposes only.
3. For those Fiery Canada, LLC software products that utilize a hardware security device, you may transfer as a single unit only the software, the one reproduction of same, if any, and the dedicated security device to another party, provided you also transfer all copies (whether in printed or machine readable form) to the same party or destroy any copies not transferred, and provided further the same party agrees to accept the terms and conditions of this agreement.
You may not and are not authorized to:
4. Defeat or attempt to defeat or circumvent the requirement for the dedicated security device or other security schemes required by Fiery Canada, LLC to make the software operational.
5. Use or attempt to render the software operational without employing for that purpose the said security scheme.
6. Use or employ any third party trade-marks included in the software for any commercial purpose without first obtaining the advanced authorization of the appropriate trade-mark owners.
7. Allow the software to be used, accessed, displayed or run without acquiring a further license for the software and the dedicated security device or activation codes, as supplied by Fiery Canada, LLC, for each additional computer, including a workstation, terminal or other storage device, on or from which the software is installed, used, accessed displayed or run. Neither a dedicated security device nor a license may be shared or used concurrently on different computers, including workstations, terminals or other storage devices.
8. Rent, lease, reverse engineer, lend, timeshare, resell, transfer for value or otherwise the software, the dedicated security device, the media and printed materials including the manual, and this license.
TERM:
The license is effective until terminated. You may terminate it at any time by destroying the software together with all copies in any form. It will also terminate upon conditions set forth elsewhere in the agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the software together with all copies in any form.
LIMITED WARRANTY:
Fiery Canada, LLC warrants that the enclosed medium upon which the software is recorded shall be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery to you, as evidenced by a copy of your receipt.
Fiery Canada, LLC warrants that the Hardware accompanying the software is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. Fiery Canada, LLC’s entire liability and your exclusive remedy as to the disk(s) or hardware shall be, at Fiery Canada, LLC’s option, either (a) return of the purchase price or (b) replacement of the disk or hardware which does not meet Fiery Canada, LLC’s Limited Warranty and which is returned to Fiery Canada, LLC postage prepaid with a copy of the receipt. If failure of the disk or hardware has resulted from accident, abuse or misapplication, Fiery Canada, LLC shall have no responsibility to replace the disk or hardware or refund the purchase price. In the event of replacement of the disk or hardware, the replacement disk or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Other than the above limited warranty, Fiery Canada, LLC makes no other warranties whatsoever, whether legal or conventional, express or implied, with respect to the licensed software. Because of the diversity of conditions and hardware under which the licensed software may be used, no warranty of merchantability or fitness for a particular purpose is given. You are advised to test the license software thoroughly before relying on it. You assume the entire risk of using the Licensed software. Some regions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from region to region.
NOTE: Hardware accompanying the software is not applicable to code-activated or subscription-based licenses.
LIMITATION OF LIABILITY:
In no event will Fiery Canada, LLC, or any third party software suppliers to Fiery Canada, LLC, be liable for any damages resulting directly or indirectly from the use of the licensed software or the hardware provided. The CUSTOMER’s sole and exclusive remedy in the event of Fiery Canada, LLC’s failure to fulfill any of its obligations under this Agreement is the right to terminate the Agreement. Some regions do not allow the exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply.
EXPRESS ASSUMPTION OF RISK AND LIABILITY:
By using the software outside the license restrictions set forth in paragraph (6) above, you expressly agree to be solely and entirely responsible for all manner of injury, including damages, that you may occasion upon any third party trade-mark owner as a result of your unauthorized use of the third party trade-mark, and in furtherance thereof, you also agree to fully indemnify and save Fiery Canada, LLC harmless from any and all costs and awards including legal fees imposed and incurred by Fiery Canada, LLC as a direct result of your unauthorized and unlicensed activities.
GENERAL:
You may not sub-license, assign, or transfer the license or the software except as expressly provided by this Agreement. Any attempt otherwise to sub-license, assign, or transfer any of the rights, duties or obligations hereunder is void.
ACKNOWLEDGMENT:
You acknowledge that you have read this agreement and limited warranty, understand them and agree to be bound by their terms and conditions. You also agree that the license and limited warranty are the complete and exclusive statement of agreement between us and supersedes all proposals or prior agreements oral or written, and any other communications between us relating to the subject matter of this agreement.
Any questions concerning this agreement should be directed to:
Fiery Canada, LLC
1525 Carling Avenue
Ottawa, Ontario K1Z 8R9
Canada
Tel: (613) 247-0850
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PRO VEHICLE OUTLINES SUBSCRIPTION AND CANCELLATION TERMS
Pro Vehicle Outlines Subscription and Cancellation Terms
Applicable to all Pro Vehicle Outlines Subscription products
6-Month contract, Prepaid once per term
Subscription Terms & Conditions
Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the 6-month rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) each term until you cancel.
We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), each term upon renewal until you cancel. We may change your plan’s rate each six-month renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your six-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
If your payment method fails, and you fail to provide payment, we may suspend your subscription. You can edit your payment information anytime from your account settings.
Your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licenses or products.
Note: Charges will appear as “Fiery Canada, LLC”.
12-Month contract, Prepaid once per year
Subscription Terms & Conditions
Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel.
We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
If your payment method fails, and you fail to provide payment, we may suspend your subscription. You can edit your payment information anytime from your account settings.
Your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licenses or products.
Note: Charges will appear as “Fiery Canada, LLC”.
Cancellation Terms
You can cancel your subscription anytime via your account settings. If you cancel within 24 hours of your order or renewal, you’ll be fully refunded. Should you cancel after 24 hours, your payment is non-refundable, and your service will continue until the end of your selected billing period.
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