SkiPath License and Sales Agreement
SkiPath* software (SkiPath* PC, SkiPath* Mobile and derivatives thereof) and associated hardware are intended to be informational and navigational aids. The user accepts full liability and responsibility for any and all consequential or other damages, including but not limited to property damage, personal injury, and loss of life, resulting from the use, misuse, or malfunction of said software and hardware, howsoever caused, and agrees to indemnify SkiPath Inc and its officers and staff in all respects. It is the user's responsibility to verify the accuracy of all calculations and data generated by the software. SkiPath Inc can not be held liable for errors of omission or commission and makes no warranty as to the accuracy or completeness of the data. The software is a tool supplied AS IS, with all faults, defects, bugs, and errors. The user recognizes that due to the inherent nature of satellite or inter-device communications, whether wireless or via cable, SkiPath Inc can not be held liable or responsible for interference, interruption or loss of signal transmission or reception.
The user agrees not to decompile, disassemble or reverse engineer the software nor use the ideas and concepts encompassed by the software to produce a competitive product.
SkiPath* software and derivatives are copyright protected. The user agrees that each software license purchased is a non-exclusive license for personal use of the software installed on one or more of the license holder's personal device(s). The license may not be transferred to another party or resold. Others may view or share the device for demo purposes so long as the software is not duplicated or installed on another individual's device(s). Where a group of users (club or organization) purchases a license, that license is for use of the software on a single device. Each additional installation requires its own license. SkiPath Inc. retains ownership of the copyright and software.
Software updates are available at no additional charge for a period of one year after the date of purchase. Sales are not final until approved by head office in Steinbach, Manitoba, Canada.
Code used to configure hardware components is covered by copyright, and may not be copied, duplicated or distributed without written permission. Unlike in the case of the use of software which is licensed, upon receipt of payment for hardware purchased, ownership is transferred from the vendor to the buyer.
SkiPath Inc takes no responsibility whatsoever for damage to software or hardware caused by water or user carelessness or negligence. Enclosures are not waterproof. Electronic circuit boards are warranted as per terms offered by the original equipment manufacturer warranty. Cables, connectors and peripherals are not covered by warranty.
This Agreement does not create or imply any relationship in agency or partnership between SkiPath Inc and the licensee.
The parties to this agreement submit to the jurisdiction of the courts of the Province of Manitoba, Canada for the enforcement of this agreement or any arbitration award or decision arising from this agreement. This agreement will be enforced or construed according to the laws of the Province of Manitoba, Canada.
If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision may be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this agreement will in no way be affected, impaired or invalidated as a result.
This agreement contains the entire agreement between the parties. All understandings have been included in this agreement. Representations which may have been made by any party to this agreement may in some way be inconsistent with this final written agreement. All such statements are declared to be of no value in this agreement. Only the written terms of this agreement will bind the parties.
Use of SkiPath* software and/or hardware constitutes acceptance of the terms of this license agreement.
SkiPath* PC and SkiPath* Mobile are copyright ©2020 by SkiPath Inc.
*SkiPath trademark registration is pending.