TaskArchitect - Legal statement

Welcome to TaskArchitect.com. By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas of the TaskArchitect site (the "Site") as set forth below.

Acceptance of terms

Task Architect Incorporated ("TaskArchitect") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by TaskArchitect and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that TaskArchitect may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

TaskArchitect reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Defined terms

"TaskArchitect Content" means all Materials provided by TaskArchitect. “User Content” refers to all material created and submitted by end users of TaskArchitect products.

Types of users

Please be aware that certain activities on this Site are available only to persons who are covered under a paid or trial subscription agreement with TaskArchitect ("Subscribers").

Intellectual property; limited license to users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, TaskArchitect and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services. When using Services on this Site that are offered by TaskArchitect, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

Use of software. The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of TaskArchitect. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of TaskArchitect Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the TaskArchitect Content available on this Site subject to the following conditions:

1.   The TaskArchitect Content may be used solely for personal, informational, and internal purposes. 

2.   The TaskArchitect Content may not be modified or altered in any way. 

3.   The TaskArchitect Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others. 

4.   You may not remove any copyright or other proprietary notices contained in the TaskArchitect. 

5.   TaskArchitect reserves the right to revoke the authorization to view, download, and print the TaskArchitect Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from TaskArchitect. 

6.   The rights granted to you constitute a license and not a transfer of title. 

The rights specified above to view, download, and print the TaskArchitect Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of TaskArchitect or other third parties. You are not permitted to use the Marks without the prior written consent of TaskArchitect or such third party that may own the Marks. TaskArchitect and the TaskArchitect logo are trademarks of Task Architect Incorporated.

License to TaskArchitect for User Content

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant TaskArchitect one of the following types of licenses:

1.   For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using TaskArchitect products, you grant TaskArchitect a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant TaskArchitect the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to the Design Review service, you acknowledge that such content may be modified and annotated, and TaskArchitect may display the User Content together with such modifications and annotations. You acknowledge and agree that any User Content you submit to TaskArchitect, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site. 

2.            For User Content such as comments to the TaskArchitect User to User Forums, bug reports, piracy reports, or product suggestions, you grant TaskArchitect and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that TaskArchitect is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of TaskArchitect or others. 

Prohibited communications

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

• not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;  
• not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; 
• not to create a false identity; 
• not to use or attempt to use another's account, password, service, or system without authorization from TaskArchitect; 
• not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. 

Managing content and communications

Although it is not our intention to do so, TaskArchitect reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.

TaskArchitect may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, TaskArchitect will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TaskArchitect also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

Warranties and disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TASKARCHITECT OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TASKARCHITECT MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TASKARCHITECT MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TASKARCHITECT MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) TASKARCHITECT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) TASKARCHITECT MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) TASKARCHITECT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TASKARCHITECT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TASKARCHITECT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International users

This Site can be accessed from countries around the world and may contain references to TaskArchitect products, services, and programs that are not available in your country. These references do not imply that TaskArchitect intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by TaskArchitect from its offices within the Canada. TaskArchitect makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.

Personal information and privacy

To learn about how TaskArchitect protects your personal information, such as your name and address, refer to the TaskArchitect Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types of User Content, any non-personal information or material sent to TaskArchitect will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of TaskArchitect or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to purchase from the TaskArchitect online store.

Limitation of liability

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TASKARCHITECT, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TASKARCHITECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

TaskArchitect User Forums

In addition to these Terms of Use, users of the TaskArchitect User Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled "PROHIBITED COMMUNICATIONS" in that agreement and conduct your activities accordingly.

Notification of copyright infringement

TaskArchitect will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide TaskArchitect a Notice containing the following elements:

1.   a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; 

2.   a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; 

3.   a description of where the material that you claim is infringing is located on the TaskArchitect site; 

4.   information sufficient to permit TaskArchitect to contact you, such as your physical address, telephone number, and e-mail address; 

5.   a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; 

6.   a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. 

TaskArchitect can be reached by mail:

TaskArchitect

288 Fifth Ave, Ottawa, Ontario, Canada K1S 2N5

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.

All TaskArchitect products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation,"

Indemnity and liability

You agree to indemnify and hold TaskArchitect, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction

This Site (excluding linked sites) is controlled by TaskArchitect from its offices within the province of Ontario, Canada. By accessing this Site, you and TaskArchitect agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Ontario, without regard to the conflicts of laws principles thereof.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between TaskArchitect and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by  TaskArchitect to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Permissions and Trademarks

The following guidelines are provided for the use of certain copyrighted materials, such as images, box shots, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by Task Architect Incorporated ("TaskArchitect") and provided under license. To use such materials, you must first agree to the following license terms:

1. The materials available for download on this site are subject to these license terms, as well as any specific guidelines contained herein. If you download any materials from this site, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download.

2. You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by TaskArchitect in the permissions and trademark guidelines described herein.

3. You acknowledge that TaskArchitect reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.

4. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in TaskArchitect copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.

5. TASKARCHITECT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF TASKARCHITECT HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

6. ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. TASKARCHITECT SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.

Usage by children under 13

TaskArchitect cannot prohibit minors from visiting this Site. TaskArchitect must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. TaskArchitect requires that all purchases be made either (i) by individuals 13 years of age or older,. EACH TIME YOU PURCHASE A PRODUCT AT THIS SITE, YOU ARE REPRESENTING TO TASKARCHITECT THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.

Export

The Canadian export control laws regulate the export and re-export of technology originating in Canada. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any Content derived from TaskArchitect to either a foreign national or a foreign destination in violation of such laws.

Legal notice:

TaskArchitect products are not sold; rather, copies of TaskArchitect products are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH TASKARCHITECT THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE TASKARCHITECT PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU. Please read the agreements applicable for the products you want to use. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.

Software License

The Software License Agreement

Revised 1 Jan 2005

THIS AGREEMENT IS A LEGAL DOCUMENT.

Before installing this software, you ought to read carefully all of the terms and conditions of this License Agreement. Installing the software indicates your acceptance of the terms and conditions of this Licence Agreement. If you do not agree with any part of this license you must not install the software.

The terms and conditions of this Agreement apply to the TaskArchitect Software including any copy.

1. DEFINITIONS
1. "TaskArchitect Software" means programs, data files, and related documentation supplied herewith;
2. "software activation key" is a sequence of characters intended to be loaded into a file on a computer in order to enable the software to function.
2. GRANT OF LICENCE
1. TaskArchitect Inc. hereby grants you a personal, non-transferable, and non-exclusive right to use the "TaskArchitect Software".
3. LIMITATIONS ON USE
1. You may only use the "TaskArchitect Software" if you have been granted a "software activation key" by TaskArchitect Inc.
2. You may only install the "TaskArchitect Software" on the single machine identified with the activation key provided to you by TaskArchitect Inc.
3. If you wish to install the "TaskArchitect Software" on another machine, you must either remove the "TaskArchitect Software" from the machine on which it has previously been installed or you must purchase an additional copy of "TaskArchitect Software" for each additional machine.
4. You may make a reasonable number of copies of the "TaskArchitect Software" solely for your own archival back-up purposes.
4. NON PERMITTED USES
1. You may not reverse engineer, disassemble, reverse translate, or in any way derive from the "TaskArchitect Software" any source code form.
2. You may not tamper or otherwise attempt to change the "software activation key" or other identifying information stored within the "TaskArchitect Software" or divulge to others your "TaskArchitect Software" activation key.
3. You may not use the "TaskArchitect Software" on any machine after the expiration date given with your "software activation key" unless you have been issued a replacement "software activation key" with a later expiry date.
4. If you have been granted a "personal non-commercial" software activation key then you must not use the software for any commercial or educational purposes nor permit it to be used by anyone other than yourself for any purposes whatsoever.
5. If you have been granted a “trial version” software activation key your use of the software is for the purpose of evaluating whether to purchase an ongoing license to the software. The evaluation period is limited to a fixed number of days from the date of activation.
6. The software is not designed or licensed for use in safety-critical applications (such as, but not limited to, on-line control equipment, nuclear facilities, aircraft navigation or control, or direct life support machines) where the failure of the software could possibly result in injury or damage.
5. UPGRADES
1. It this copy of the "TaskArchitect Software" is an upgrade from an earlier version of the software then it is provided to you on a license exchange basis. By installing this software you agree to voluntarily terminate your earlier software license agreement to use the earlier version of the "TaskArchitect Software" and that you will not use the earlier version of the software nor transfer it to another.
6. OWNERSHIP and PAYMENT TERMS
1. This license gives you limited rights to use the "TaskArchitect Software". Although you own the media on which the "TaskArchitect Software" is recorded (if you purchased media for this software), you do not become the owner of, and TaskArchitect Inc. retains title to, the "TaskArchitect Software" and all copies thereof. All rights not specifically granted in this Agreement, including but not limited to those available under Canadian and International Copyrights, are reserved by TaskArchitect Inc.
2. No rights to or license to use the registered trademark "TaskArchitect" are granted by this agreement.
3. If TaskArchitect Inc has granted you or your company credit terms as evidenced by the issuance of an invoice then you agree that payment must be received by TaskArchitect Inc at the address below within 30 days of issuance of the invoice or else interest at the rate of 2% per month compounded monthly will apply. Furthermore you understand and agree that the interest on late payments is calculated and charged based on receipt by TaskArchitect Inc. of payment and not any other date such as the postmark or date on the face of the cheque.
7. TERM
1. This License Agreement is effective until terminated.
2. You may terminate this License Agreement by destroying the "TaskArchitect Software" and all copies thereof.
3. This License Agreement will terminate if you fail to comply with any term or condition of this Agreement.
4. Upon notification from TaskArchitect Inc. that this Agreement has terminated, you will destroy all copies of the "TaskArchitect Software" and you will certify to "TaskArchitect Software" in writing that you have done so.
5. Upon termination, there will be no refund of any monies or other consideration paid by you.
8. LIMITED WARRANTY
1. YOU ACKNOWLEDGE AND AGREE THAT "TASKARCHITECT SOFTWARE" IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE WAIVED BY YOU.
2. YOU ACKNOWLEDGE AND AGREE THAT TASK ARCHITECT INC. DOES NOT WARRANT THAT THE FUNCTIONS OF THE "TASKARCHITECT SOFTWARE" WILL BE ERROR-FREE OR UNINTERRUPTED.
3. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE THE "TASKARCHITECT SOFTWARE".
4. THE WARRANTIES HEREIN CONTAINED EXTEND ONLY TO YOU AND SHALL NOT BE APPLICABLE TO ANY OTHER PERSON OR ENTITY.
9. LIMITATION OF REMEDIES
1. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TASK ARCHITECT INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE MANUFACTURE, SALE, OR SUPPLY OF THE " TASKARCHITECT SOFTWARE" OR ANY DEFECT OR FAILURE THEREOF REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY), SHALL BE REPLACEMENT OF THE "TASKARCHITECT SOFTWARE", PROVIDED THAT THE " TASKARCHITECT SOFTWARE" IS RETURNED TO TASK ARCHITECT INC. WITH A COPY OF YOUR SALES RECEIPT.
2. NEITHER TASK ARCHITECT INC NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OF CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED BY YOU OR ANY OTHER PERSON IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE “TASKARCHITECT SOFTWARE".
3. NO SUPPLIER, REPRESENTATIVE, OR AGENT OF TASKARCHITECT INC. IS ENTITLED TO OFFER TO YOU ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES WHICH ARE NOT EXPRESSLY CONTAINED IN THIS LICENCE AGREEMENT; THE LIABILITY OF TASK ARCHITECT INC. SHALL BE LIMITED AS STATED ABOVE NOTWITHSTANDING THAT TASK ARCHITECT INC. OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR POTENTIAL FOR DAMAGES.
10. MISCELLANEOUS
1. This License Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (Canada).
2. You agree that any disputes with respect to the "TaskArchitect Software" or this License Agreement shall be brought in the courts of the Province of Ontario.
3. You agree that should any provision hereof conflict with any provision in your purchase order (if any) then this agreement supersedes the provisions of your purchase order that are in conflict notwithstanding the acceptance of your purchase order by Task Architect, Inc.
4. If any provision hereof shall be deemed by any court to be invalid, legality and enforceability of the remaining provisions hereof shall not be affected or impaired.
5. This Agreement enures to the benefit of and shall be binding upon you, your successors, heirs, and assigns and Task Architect Inc., its successors, and assigns.
6. All provisions of this License are also intended for the benefit of Task Architect Inc., and its suppliers who can enforce this Agreement without requiring your prior consent.
7. Some jurisdictions do not allow the exclusion of implied warranties; if so, only those limitations of warranty which are specifically prohibited by law notwithstanding contractual provisions to the contrary will not apply to you.
8. You understand that during your evaluation period and, if you have ordered the software, until payment in full has been received by Task Architect Inc (including any interest for late payments) the software activation key that you will be issued will be time limited and will not function after the date that appears on the software activation key. You agree to take such steps are you consider necessary to ensure that the expiry of any temporary key and the resulting cessation of the operation of the software does not cause any harm.
11. ACKNOWLEDGEMENT
1. BY INSTALLING ANY PART OF THE "TASKARCHITECT SOFTWARE" YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN YOU AND TASK ARCHITECT INC. RELATING TO THE "TASKARCHITECT SOFTWARE" AND IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH TASKARCHITECT INC.

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013. Rights for non-DOD U.S. Government Departments and Agencies are as set forth in FAR 52.227-19(c) (1,2).

Sales and prices

All prices of TaskArchitect software are subject to change without prior notice from TaskArchitect.

Misprints and Errors on our Site

We endeavor to provide current and accurate information on our website. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. TaskArchitect reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. To provide you with a credit, where applicable, is our only obligation to you. TaskArchitect is not obligated to sell products or services based on errors or misprints on our website.