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User License Agreement for Weldproc Software

IMPORTANT - READ CAREFULLY:

Terms of Use Agreement

BY ACCESSING ANY OF THE WEB SITES OPERATED BY TVS Engineering Inc. THE USER AGREES TO BE BOUND BY ALL OF THE TERMS FOR USE AND AGREES THAT THESE TERMS CONSTITUTE A BINDING CONTRACT BETWEEN THE USER AND THE TVS Engineering Inc. (TVS).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. TVS MAY MODIFY THESE TERMS AND CONDITIONS AT ANYTIME.

SOFTWARE PRODUCT LICENSE

This WELDPROC User License Agreement ("ULA") is a legal agreement between you (either an individual or a single entity) and TVS Engineering Inc. ("TVS") for the accompanying WELDPROC software product a welding procedures development software, which includes, associated media, printed materials, and "online" or electronic documentation of procedures in accordance with various structure steel codes and other standards CSA, W47.1/W59, AWS D1.1, AWS D1.3, AWS D1.6 ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates, upgrades and supplements to the original SOFTWARE PRODUCT. Any software accessed along with the SOFTWARE PRODUCT is licensed to you under the terms of that license agreement. By copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this ULA. If you do not agree to the terms of this ULA, do not use the SOFTWARE PRODUCT.

GRANT OF LICENSE

This ULA grants you a revocable, personal, non-transferable, non-exclusive, license without right to sublicense.

RESERVATION OF RIGHTS

TVS reserves all rights not expressly granted herein.

MINIMUM AGE AND ABILITY TO BIND

This website and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use this website or the Products. If you are using this website or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of this website and the Products.

Registration. You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on this website, and agree to update such information if it changes.

COMMUNICATION WITH YOU

We reserve the right to send messages to you to inform you of:

  • changes or additions to this website or the Products
  • changes to this Agreement or any of the Fee Schedules
  • violations of this Agreement or cancellation, suspension, termination or other action respecting your privilege to access and use this website or the Products; or any other matter related to this website, the Products or this Agreement.
  • Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.

FEE SCHEDULES GENERALLY

You are responsible for reviewing the applicable Fee Schedules from time to time and remaining aware of the fees charged by us. All fees are subject to applicable taxes. The Fee Schedules, including subscriber Fees are subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedules. Any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.

REFUND

Fee once charged for annual subscription of WeldProc software are non-refundable.

AUTO RENEWAL

Purchases of WeldProc subscription include enrollment in the WeldProc Automatic Renewal Service, unless you choose to cancel the service. If you remain enrolled, your existing WeldProc subscription will automatically renew prior to expiration. We will send you an email notification 45 days before you are billed for the automatic renewal.

You can confirm your WeldProc Automatic Renewal Service status by logging in to your WeldProc account at www.weldproc.com . To turn off Automatic Renewal, uncheck the box next to Auto Renewal provided under “My Profile” tab and click the "submit" button.

USERNAME AND PASSWORD

You are responsible for maintaining the security of your account, passwords and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Products. We have no knowledge of your organizational structure, if you are registering for the Products as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

COPYRIGHT

This database and all materials on this site are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and are owned by TVS. All data available on this site are intended for the private, non-commercial use by individuals. Any commercial use of the data in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright. The SOFTWARE PRODUCT shall at all times remain the property of TVS Engineering Inc.

Users may, subject to these Terms and Conditions, print or otherwise save individual pages for private use. However, all data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate or publish data on the pages produced by, or displayed on the TVS web sites.

TRADE MARKS

Any TVS logo or WELDPROC logo are certification marks owned by TVS Engineering Inc. The logos, if any are used to identify the services provided by TVS Engineering Inc. Nothing contained on this site gives any user the right or license to use any trade mark displayed on this site without the express permission of the owner.

NO REPRESENTATION

In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located.

This site is controlled and operated by TVS. from its office within the Province of Ontario, Canada. TVS makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable

DISCLAIMERS AND LIMITATION OF LIABILITY; FORWARD-LOOKING STATEMENTS

TVS may change, move or delete portions of, or may add to, this web site from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TVS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, TVS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TVS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. TVS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TVS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS OR PROCEDURES, EVEN IF TVS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TVS'S BUSINESS PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS AND AGENTS TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO TVS, IF ANY, FOR SERVICES PURCHASED ON THIS SITE.

LIMITATION OF LIABILITY

EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO TVS’S NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TVS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONSTANT CONTACT") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF CONSTANT CONTACT TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY CONSTANT CONTACT TO YOU IN THAT 12 MONTH PERIOD.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

TERMINATION

Without prejudice to any other rights, TVS may terminate this ULA if you fail to comply with the terms and conditions of this ULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. GOVERNING LAW AND LEGAL ACTIONS. The Agreement shall be governed by the laws of the Province of Ontario, Canada without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the province or federal courts located in Ontario, Canada.

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