END-USER LICENCE AGREEMENT (EULA)
for Homeless Individuals and Families Information System “HIFIS” software
IMPORTANT – READ CAREFULLY: By clicking “I Accept” and by installing, copying, accessing or otherwise using the “Homeless Individuals and Families Information System” software technology version 4, or any subsequent version, (the " HIFIS SOFTWARE "), you agree to be bound by the terms of this End-User Licence Agreement ("EULA"). If you do not agree to these terms, do not install, copy, access, or otherwise use the HIFIS SOFTWARE.
AGREEMENT: This EULA is a legal agreement between the End-User, ("You") and the Minister of Employment and Social Development Canada, representing Her Majesty the Queen in Right of Canada (“ESDC”) who owns all right, title and interest in the HIFIS SOFTWARE and related Documentation and all of the files and intellectual property associated with it.
SOFTWARE: The HIFIS SOFTWARE includes any associated media, printed materials and electronic documentation (“Documentation”) and any software updates, add-on components, web services and/or supplements that ESDC may provide to you or may make available to you after the date you obtain your initial copy of the HIFIS SOFTWARE if such items are not accompanied by a separate licence agreement.
GRANT OF RIGHTS: The HIFIS SOFTWARE is licensed to you, not sold. You are authorized to use the HIFIS SOFTWARE as follows:
Demo Version: ESDC grants you a non-exclusive, non-transferable and non-assignable right to use an unregistered copy of the HIFIS SOFTWARE for evaluation purposes. The Demo Version licence is limited to a maximum of 40 client inputs and is granted at the sole discretion of ESDC.
Full Version: To obtain access to the Full Version Licence you must agree to the terms and conditions of this EULA and you must register it with ESDC.
VALIDITY OF LICENCE
The granted licence is only valid for version 4 or later of the HIFIS SOFTWARE. If a certain version is no longer offered, access to and technical support for such a version of the HIFIS SOFTWARE is not guaranteed.
INTELLECTUAL PROPERTY RIGHTS: The HIFIS SOFTWARE is protected by intellectual property laws and treaties. No right, title or interest in or to any intellectual property rights in relation to the HIFIS SOFTWARE is granted under this EULA.
THINGS YOU MAY DO
Archival or Backup Copies: You may copy the HIFIS SOFTWARE for back-up and archival purposes, provided that the original and each copy are kept in your possession and that your installation and use of the HIFIS SOFTWARE does not exceed the scope of this Licence.
Server Deployment or Use: You may install copies of the HIFIS SOFTWARE on web server(s) for the purpose of using the HIFIS SOFTWARE within the organization identified in your registration with ESDC.
Third Party Components and Plug-Ins: Any third party software, including any third party's plug-in, may be used at your discretion with the HIFIS SOFTWARE. If you choose to use such third party software, then such use shall be governed by such third party's licence agreement. ESDC is not responsible for any third party software and will not be liable for your use of third party software.
THINGS YOU MAY NOT DO
The HIFIS SOFTWARE and Documentation are protected by Canadian copyright laws and international treaties. You must treat the HIFIS SOFTWARE and Documentation like any other copyrighted material.
You agree to not:
- copy the HIFIS SOFTWARE except for archival or backup copying, as provided above;
- modify or adapt the HIFIS SOFTWARE, except where software design allows for customization
- reverse engineer, disassemble, decompile or make any attempt to discover the source code of the compiled portion of the HIFIS SOFTWARE;
- sub-licence, rent, lease or lend any portion of the HIFIS SOFTWARE or Documentation.
If you do not comply with any of these terms and conditions, ESDC may terminate your Licence.
WARRANTY AND DISCLAIMERS
You accept the HIFIS SOFTWARE “AS IS”. By using the HIFIS SOFTWARE you agree that its use is entirely at your own risk.
ESDC DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether ESDC knows or had reason to know of your particular needs.
LIABILITY AND INDEMNIFICATION
ESDC, ITS EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, INJURIES, LOSS, OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM THE USE OR THE INABILITY TO USE THE HIFIS SOFTWARE OR THE FAILURE TO SAFEGUARD THE DATA CONTAINED IN THE HIFIS SOFTWARE. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE, PROFIT OR SAVINGS, LOST, DAMAGED OR STOLEN DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS.
You agree to indemnify and hold ESDC, its employees and agents, harmless from and against any claims, damages, complaints, costs or expenses, loss, actions or causes of action you or any third party incurred or suffered, as a result of the use or inability to use the HIFIS SOFTWARE or your failure to safeguard the data contained in the HIFIS SOFTWARE.
ESDC reserves the right to terminate your licence and consequently, your use of the HIFIS SOFTWARE at any time. Your licence will also automatically terminate if you fail to comply with any term or condition of this EULA.
You may also terminate it at any time. In the event, you wish to terminate your licence to use the Full version of the HIFIS SOFTWARE, you must inform ESDC of your intention.
You agree, on termination of this licence, to destroy all copies of the HIFIS SOFTWARE and Documentation in your possession.
The HIFIS SOFTWARE contains trade secrets and proprietary know-how that belong to ESDC and it is being made available to you in strict confidence. Any use or disclosure of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with this licence agreement, may be actionable as a violation of our trade secret rights.
- This EULA becomes effective when you accept the terms and conditions by clicking “I Accept”. It remains in effect until terminated.
- This EULA is the entire agreement between you and ESDC concerning the HIFIS SOFTWARE and Documentation and supersedes any prior communication, download or representation concerning the HIFIS SOFTWARE.
- This EULA is a licence agreement only, not a contract for services or a contract of service or employment. Nothing in this EULA shall be construed as creating a partnership, employment or agency relationship between ESDC and yourself.
- ESDC may amend the terms of this EULA by posting the amended terms on its website, or by giving notice with updates. Your continued use of the HIFIS SOFTWARE after the effective date of any amendment will deem your agreement. Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is posted in the HIFIS SOFTWARE itself or on the HIFIS website.
- This EULA is governed by the laws of Canada.