
ITWI SOFTWARE LICENSE AND USE AGREEMENT

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE ITWI LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MAY NOT INSTALL THIS SOFTWARE. 


ITWI SOFTWARE LICENSE TERMS 

The following License Terms govern your use of the accompanying Software unless you have a separate written agreement with ITWI. 


LICENSE GRANT

ITWI grants you a license to Use and Distribute one copy of this Evaluation/Beta of Eclipx Software.  You may not post it on the Internet or on bulletin boards, Shareware sites and give download access to it and include it on Shareware CD Roms for example on magazine covers. You may not modify the Software or disable any licensing or control features of the Software. 


OWNERSHIP

The Software is owned and copyrighted by ITWI. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.  

COPIES AND ADAPTATIONS

You must reproduce all copyright notices in the original Software on all copies or adaptations. 


NO DISASSEMBLY OR DECRYPTION

You may not disassemble or decompile the Software unless ITWI's prior written consent is obtained. In some jurisdictions, ITWI's consent may not be required for disassembly or decompilation. Upon request, you will provide ITWI with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software. 


TERMINATION

ITWI may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form. 


PERSONAL AND NON-COMMERCIAL USE LIMITATION 

Unless otherwise specified, the Eclipx Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Eclipx Sites/Services. 


LINKS TO THIRD PARTY SITES 

The Eclipx Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ITWI and ITWI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ITWI is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ITWI responsible if the Linked Site is not working appropriately. ITWI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ITWI of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. 

Any dealings with third parties (including advertisers) included within the Eclipx Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ITWI shall not be responsible or liable for any part of any such dealings or promotions. 


NO UNLAWFUL OR PROHIBITED USE 

As a condition of your use of the Eclipx Sites/Services, you will not use the Eclipx Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Eclipx Sites/Services in any manner which could damage, disable, overburden, or impair any Eclipx Site/Service(s) (or the network(s) connected to any Eclipx Site/Service(s)) or interfere with any other party's use and enjoyment of any Eclipx Site/Service(s). You may not attempt to gain unauthorized access to Eclipx MSN Site/Service, other accounts, computer systems or networks connected to any Eclipx Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Eclipx Sites/Services. 


NO WARRANTIES

ITWI disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, and the accompanying written materials. Except for the limited warranty provided above, the Software is provided as is. 


MISCELLANEOUS

ITWI does not guarantee the performance of its servers, and can not guarantee that the Dispatch service for requests and support provided will always be available or accessible.
Due to the nature of the Internet, fraud can never be completely ruled out.
ITWI shall not be held responsible or liable for any losses occurring due to fraud committed by customers or technicians during the course of use of this Software.

This Agreement will be governed by the laws of the Province of Quebec, Canada. If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect, and enforceable. 
