End User License Agreement
TREE DEE DESIGNS INC.
END USER LICENSE AGREEMENT
(the “EULA”)
This is a binding legal agreement between you, the end user (“you” or “your”), and Tree Dee Designs Inc., operating as Tree Dee Designs (the “Licensor”, “we”, “us”, or “our”). By accessing or using any of our websites, including www.treedeedesigns.com, you agree to all of the terms and conditions of this EULA. Any website that is subject to this EULA is referred to herein as the “Website”. Information, graphics, materials or services accessible through the Website including, without limitation, services, information or materials related to our Products is referred to in this EULA as “Content”. The Website and the Content, and any updates to the foregoing or parts thereof, are individually and collectively referred to as the Licensed Service. If you do not agree to these terms, do not access or use the Licensed Service. The Licensor reserves all rights in and to the Licensed Service not expressly granted to you under this EULA.
LICENSE GRANT
The Licensor hereby grants to you a revocable, non-transferable, non-exclusive and limited license, without the right to sub-license, to access and use the Licensed Service for non-commercial use as permitted by the “Usage Rules” set out below and subject always to the terms and conditions of this EULA (the “License”).
USAGE RULES
Licensed Service
You agree that you shall not, and shall not permit others, including but not limited to third parties, to directly or indirectly:
- (i) transfer, redistribute or sublicense the Licensed Service;
- (ii) distribute or make the Licensed Service available over a network where it could be used by multiple devices at the same time;
- (iii) alter or copy in any form or medium all or any part of the Licensed Service, nor make such data part of any electronic retrieval system;
- (iv) lease, license, rent, sell or otherwise publish, communicate, distribute or display to third parties in any form or medium the Licensed Service;
- (v) create any publications, in electronic, printed or other format, based in whole or in part on the Licensed Service, alone or in combination with any other data;
- (vi) remove, obscure, or alter any product identification, copyright, trademark or other proprietary notice affixed to, contained within or accessed in conjunction with or through the Licensed Service;
- (vii) use the Licensed Service or any part thereof, other than as specifically granted in the License; or
- frame or mirror any part of the Licensed Service;
- (ix) reverse engineer, reverse assemble, reverse compile, attempt to derive the source code of, modify, or create derivative works from, or adaptations of, the Licensed Service; or
- (x) use the Licensed Service in any infringing, libelous, tortious or otherwise unlawful manner or in any way that threatens the security, integrity or availability of the Licensed Service.
Content
Without limiting the application of the other usage rules set out in this EULA to the Content, you specifically agree that you shall not, and shall not permit others, including but not limited to third parties, to directly or indirectly:
- (i) access or use the Content except through the Website and pursuant to the License;
- (ii) use the Content to infringe the intellectual property rights of others in any way;
- (iii) use Content in order to obtain personal information of any third party without their consent;
- (iv) attempt to access information that is not otherwise deliberately made available to you as Content;
- (v) retain any information downloaded, copied, or printed from the Content for longer than thirty (30) days; or
- (vi) access, download, modify, reproduce, copy, republish, distribute, transmit, broadcast, mirror, sell, license, lease, rent, remove proprietary notations from, create derivative works from, or otherwise exploit the Content for any purpose not expressly permitted by this EULA without first obtaining prior written permission from the Licensor;
INTELLECTUAL PROPERTY
The Licensor reserves complete title and full intellectual property rights in the Licensed Service. Intellectual property rights include any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Should you fail to abide by the intellectual property laws of Canada as they apply to the Licensed service, your License will become invalid. You will be liable for the maximum damages, penalties, and legal fees under the law. You agree to cease all attempts to access the Licensed Service immediately after receiving notification that the Licensor has terminated your License to the Licensed Service for violation of its provisions.
Copyright
You agree that all of the Content accessible from the Website, including, without limitation, any images, illustrations, photographs, graphics, audio clips, video clips, text, databases, interfaces or reports, is copyrighted under Canadian law and protected by worldwide copyright laws and treaty provisions, unless otherwise noted. The copyright in the Content is owned by the Licensor or by third parties who have licensed their materials to the Licensor. The Licensor neither warrants nor represents that your use of the Content will not infringe rights of third parties not owned or affiliated with the Licensor. The entire Content is copyrighted as a collective work and the Licensor owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You also acknowledge that the Content is furnished “as is” and contain copyrighted and/or proprietary and conditional information of the Licensor.
Trademarks
The distinctive and original layout and presentation of the Licensed Service and the Content also constitute protectable trade dress under applicable law. Unauthorized copying of the trade dress of the Licensor is strictly prohibited. The Licensor and its accompanying service marks, logos and trademarks are the property of the Licensor. The use or misuse of any of the names, service marks, logos, or trademarks used within the Licensed Service is strictly prohibited.
TERMINATION
The License may be terminated at any time without reason at the sole discretion of the Licensor. If terminated, the License granted hereunder shall immediately terminate forthwith. Further, your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
EXTERNAL AND THIRD PARTY SERVICES
The Licensed Service may enable access to the Licensor’s and/or third party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third party External Services. Data displayed by any External Service is for general information purposes only and is not guaranteed by the Licensor or it agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party. You agree not to use the External Services to harass abuse, stalk, threaten or defame any person or entity, and that the Licensor is not responsible for any such use. External Services may not be available in all languages or in your country of residence, and may be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Licensor reserves the right to change, suspect, remove, disable or impose access restrictions or limited on any External Services at any time without notice or liability to you.
NO WARRANTIES
You expressly acknowledge and agree that use of the Licensed Service is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Service and any services performed or provided by the Licensed Service, including the sale of any Tree Dee Design products (the “Products”) are provided “as is” and “as available” with all faults and without warranty of any kind, and the Licensor hereby disclaims all representations, warranties and conditions with respect to the Licensed Service and Products, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by us or our authorized representatives shall create a warranty. The Licensor does not warrant that use of the Licensed Service or the Products will be uninterrupted or error-free, or will meet your requirements. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty. Should the Licensed Service or a Product prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
Content, including, without limitation, any information or materials on the operation, use or performance of the Products is provided for general informational purposes only. CONTENT IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. YOU RELY ON ANY CONTENT AT YOUR OWN RISK. We do not in any way warrant, endorse or guarantee any Products described in the Content. We are not responsible for actions or omissions taken by you as a result of any errors or gaps in the Content,. You should confirm the information you receive from the Content with other sources of information and with paramedic or medical experts and professionals.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall the Licensor be liable for personal injury, damage to property, or any incidental, special, indirect, exemplary, punitive, or consequential damages whatsoever, including, without limitation, damages for pain and suffering, loss of income, loss of profits, loss of data, business interruption, or any other commercial or personal damages or losses, arising out of or related to your use of or inability to use the Licensed Service or the Products, however caused, regardless of the theory of liability (contract, tort, statutory or otherwise) and even if the Licensor has been advised of the possibility of such damages. In no event, shall the Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of $50.00 CAD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
MODIFICATION OF THIS EULA
The Licensor reserves the right, at any time, to modify or update this EULA. By accessing and using the Licensed Service, you agree to be bound by any such modifications or updates.
GOVERNING LAW
This EULA and the relationship between you and the Licensor shall be governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein. You and the Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Newfoundland and Labrador to resolve any dispute or claim arising from this EULA. The United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act, RSNL 1990, c I-16 shall not apply.
COPYRIGHT INFRINGEMENT
The Licensor respects the intellectual property of others. If you believe in good faith that any Content on the Licensed Service infringes upon your copyrights, please send the following to us at [insert email address]:
- (i) identification of the copyrighted work(s) claimed to have been infringed;
- (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (iii) your mailing address, telephone number and email address;
- (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- (v) a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- (vi) a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
MISCELLANEOUS
- (i) This EULA is the complete and exclusive statement between you and the Licensor relating to the subject matter hereof and supersedes all prior oral, written and/or contemporaneous negotiations, commitments and understandings.
- (ii) This EULA may be assigned by the Licensor, but may not be assigned by you.
- (iii) No failure or delay to exercise any rights under this EULA will operate as a waiver of such rights.
- (iv) If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this EULA shall not be affected thereby.
- (v) The headings used in this EULA are intended for convenience of reference only and shall not affect the interpretation of this EULA.
- (vi) If you have questions or comments or otherwise wish to contact us regarding this EULA, please contact us at darrell@treedeedesigns.com.