Ron Christie and associates (hereinafter referred to as "we") provides two components as part of the You're a Winner! package. The first component is the client software that you download from http://www.christiesoftware.ca and run on a computer at your facility. The second component is the service we provide to you from our facility, including mailing list management and the provision of specialized services for the client software.
The software you download from this site is subject to the following license terms and conditions:
This is a software license granted by Ron Christie, an Ontario resident, with his mailing address at 145 Third St., Cobourg, Ontario, Canada, K9A 5X1. The software in the installation package is licensed to you as the end user. It is not sold.
We warrant that the software will perform substantially in accordance with the specifications set out in the documentation provided with it. We will repair without further charge any software that does not perform in substantial accordance with the specifications contained in the documentation. This will be done by correcting the software included in the installation package that is downloadable from www.christiesoftware.ca. It is your responsibility to download and install an updated installation package to correct your copy of the software.
In the case of an error in the documentation, we will correct errors without charge by providing updated documentation in the form of a help file which forms a part of the downloadable installation package. We reserve the right to correct errors by providing an upgraded installation package that will upgrade your version of the software to the most recent release.
We will repair or replace defective computer hardware (if provided as part of the You're a Winner! package) on an exchange basis. You agree to maintain the computer hardware in good repair and to protect it from abuse and neglect.
In the case of computer hardware that has been subjected to abuse or neglect or in the case of the loss of the equipment from any cause you agree that the cost of repair or replacement of the hardware is your responsibility.
If we are unable to replace defective documentation or defective media or if we are unable to provide a corrected copy of the software or corrected documentation within a reasonable period of time, then we will either replace the software with a functionally similar program or will refund the most recent license fee paid for the use of this software.
Exclusion of Other Warranties
We do not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. The software warranty does not cover any copy of the software which has been altered or changed in any way by you or others. We are not responsible for problems caused by changes in the operating characteristics of the computer hardware or operating system which are made after the delivery of the software.
ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS OF THE EXPRESS WARRANTIES. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
WE SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF WE OR OUR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We may also, at our sole option, discontinue service under this agreement at the end of any monthly service period. If service is discontinued under this provision then any monies paid by you for services beyond the end of the monthly service period will be refunded by us within thirty days.
The warranties set forth above are in lieu of all other express and implied warranties, whether oral, written, or implied, and the remedies set out above are your sole and exclusive remedies. Only Ron Christie may make modifications to this warranty, or additional warranties binding on him. Accordingly, additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by Ron Christie and should not be relied upon as such. This Warranty gives you specific legal rights, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
In no case shall Ron Christie's liability exceed the license fees paid for the right to use the Licensed Software.
This License constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written, relating to the subject of this License. This agreement may only be modified by a written agreement signed by Ron Christie.