No Warranties. To the maximum extent permitted by applicable law, the technology and software are provided on an "as is" basis without warranties of any kind. Cascada and its licensors expressly disclaim all other warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, compatibility or that the technology and software are free of viruses or other disabling devices, are accurate, or error free or that errors will be corrected or that the technology or software will operate without interruption. The use or performance of the technology and software is at your own risk.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Cascada or its licensors be liable for: any special, incidental, indirect, consequential, punitive damages or damages for loss of profits, loss of data or information, business interruption or other pecuniary loss arising out of this agreement, the use of the technology or software, the ability or inability of the technology or software to access or be used together or with any other technology or any electronic device, the provision of or failure to provide the technology or software, including support services for the technology, even if Cascada, and its licensors have been advised of the possibility of such damages, in any case, to the maximum extent permitted by applicable law, the entire liability of Cascada and its licensors arising in any manner under or in connection with this agreement shall be limited to $1.00. Some jurisdictions do not allow or place limitations upon the exclusion or limitation of liability and, accordingly, the above limitation may not apply to you.
Scope of Limitation and Disclaimer. The foregoing limitations and disclaimers apply regardless of the causes or circumstances giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based on negligence or other torts, strict liability, breach of contract including, without limitation, fundamental breach or breach of a fundamental term, product liability or infringement of any patent, copyright, trade secret, trade-mark or other intellectual property right.
Term and Termination. This agreement is effective from the date you click "I Agree" and continues in full force and effect until terminated, as provided below. This agreement will terminate immediately if you fail to comply with any term or condition of this agreement. Cascada may suspend or terminate this agreement at any time. Upon any termination or suspension of this agreement, you may no longer access or use the software (in the case of suspension, for the period of the suspension). Termination of this agreement will not prevent Cascada from pursuing any other remedies available to it, including injunctive relief. Upon termination you agree to destroy all copies of the software and related documentation. The disclaimer and limitation of liability provisions of this agreement will survive any termination of this agreement.
Cascada reserves the right to modify this agreement from time to time in order that we maintain compliant with local laws and regulations.
Monitoring. You acknowledge and agree that throughout the term, Cascada or its licensor may monitor and track your use of the software through the technology to ensure your compliance with the terms of this agreement.
Indemnity. You hereby indemnify Cascada and its licensors from and against any third party claims, demands, losses, costs and expenses which may be incurred by Cascada or its licensors in relation to a breach of any of your representations and warranties under this agreement.
Official Language. The official language of this agreement is English. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.
Export Restrictions. In additions to the restrictions set out in section 1(a) of this agreement, you agree that you will not, directly or indirectly, export or transmit the software or related documentation and technical data to any country to which such export or transmission is restricted by any applicable law or regulation. You agree to indemnify, defend and hold harmless Cascada, its officers, directors and employees, from and against any losses, damages and expenses (including lawyers' fees) arising out of or relating to any claims that you have, directly or indirectly, exported or transmitted the software in violation of any applicable export restrictions.
Viruses. Cascada cannot and does not guarantee or warrant that its website or the software is compatible with your system or devices or that the software will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing the safeguards to protect the security and integrity of your systems and devices. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems and devices as a result of your use of the technology.
Conformance With Law. You agree to use the software for lawful purposes only and in a manner consistent with all applicable local, provincial, state, national or international laws, rules and regulations.
Miscellaneous. The invalidity or unenforceability of any provision of this agreement or any covenant contained in this agreement will not affect the validity or enforceability of any other provision or covenant contained in this agreement and any such invalid or unenforceable provision or covenant will be deemed to be severable. This agreement will be governed by, and construed in accordance with, the laws of province of Ontario and the laws of Canada applicable therein and the parties irrevocably attorn to the non-exclusive jurisdiction of the courts of the province of Ontario. You agree that this agreement will not be governed by the United Nations convention on contracts for the international sale of goods, the technology of which is expressly excluded.