This agreement is between you, the user, and Protocase Incorporated, the "company" and details the terms and conditions
under which you may install and use Protocase Designer, the "software". By accepting this agreement, Protocase Incorporated
grants you a nonexclusive license to install and use the software.
You may install and use the software on a computer and you may make and distribute unlimited copies of the software provided: a) you do not charge a fee for the software and, b) you do not alter the software in any way. It is understood that Protocase Incorporated offers this software free of charge and that this is not merchandise, that it has neither been offered for sale by Protocase Incorporated, nor purchased from Protocase Incorporated.
Protocase Incorporated owns this software and its code is a valuable trade secret for the company. You may not reverse engineer, decompile, or modify the software in any way.
This software is provided 'As is' and Protocase Incorporated makes no warranty as to its use or performance. In no event will Protocase Incorporated be liable to you for damages of any form, including any lost profits, even if Protocase Incorporated has been advised of the possibility of such damages, or for any claim by any third party. It is understood that the Software has not been tested in all situations under which it may be used. You are advised to consider your own determination of reliability and accuracy of the software.
It is understood that price estimates generated from this program are estimates. While they are usually accurate, they will expire after a fixed period. Users are encouraged to update the software to ensure the latest pricing tables are in place. Prices are subject to modification by Protocase Incorporated. If the price is changed, you will be notified and given the option to cancel your order or accept the new price.
Placement of an order using this Software shall constitute an order to us, to the production of such enclosures, as Protocase Incorporated may deem suitable for fabrication. Once your order is received, if, for any reason, you must cancel your order prior to it entering production, you will be charged either 20% of your order or $75, whichever is greater. We regret we cannot accept order cancellations once orders have entered production.
It is understood that the enclosures you order were not designed by Protocase Incorporated, nor does Protocase Incorporated have any control over their use or misuse once delivered to you. Also, it is your responsibility to fully inspect all received enclosures for defects in fabrication, accuracy, and any other matters that could affect safety. If Protocase Incorporated staff helps you create or modify a design, or offers suggestions or advice in any other way, such suggestions or advice are to be regarded as general suggestions only, and offered without responsibility for errors or omissions.
In case of dispute, before resorting to litigation, Protocase Incorporated strongly encourages you seek a resolution directly with the company. It is the desire of the company to resolve any dispute through alternative dispute resolution procedures, such as negotiation or mediation. In the case of litigation, construction and jurisdiction of all claims will be in accordance with the laws of the Province of Nova Scotia, Canada.
As with our own internal confidential information, we agree to keep confidential your personal and business information including identity, contact, payment data, and designs.
(c) Copyright 2018 Protocase Incorporated. All rights reserved.