Legal Information

This legal information provides you with the terms and conditions related to the use of this website and the use of the Digital Alarm Clock software. Check back here to see updates to the Website Terms of Use and the Privacy Policy. The Software Licence Agreement provided here is for your reference, but you should consider the copy included with your version of Digital Alarm Clock as authoritative. Please contact support@macalarmclock.com if you have any questions or comments.





WEBSITE TERMS OF USE

(Jump to: Privacy Policy | Software License Agreement)

Please read these Terms Of Use carefully before using this site. If you do not agree with any of the below Terms Of Use, do not use this site. Acutus Trading Ltd ("Acutus") makes available information, materials, and products on this Web site, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. Acutus reserves the right to change these terms and conditions from time to time at its sole discretion. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Acutus retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

Trademarks, Copyrights and Restrictions

The information on this Web site is protected by copyright: Copyright © 2004-2017 Acutus Trading Ltd. All Rights Reserved. This site is controlled and operated by Acutus. All material on this site, including, but not limited to software, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Acutus or by other parties that have licensed their material to Acutus. Material on www.acutus.ca or any web site owned, operated, licensed or controlled by Acutus is solely for your personal, non-commercial use. Except as specifically permitted herein, no portion of the information on this Web site may be modified and/or reproduced in any form or by any means without prior written permission from Acutus.

Use of Software

The software and accompanying documentation that are made available to download from this Web site are the copyrighted work of Acutus and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, which accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorized to use the software.

Use of Web Site Information

Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this Web site subject to the following conditions: (i) The document may be used solely for personal, informational, non-commercial purposes; (ii) The document may not be modified or altered in any way; (iii) Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and (iv) Acutus reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Acutus. Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Links

This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Acutus is not responsible for the content of the Linked Sites, whether or not Acutus is affiliated with sponsors of the sites. Acutus does not in any way endorse the Linked Sites. Acutus welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Acutus. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Acutus site, including but not limited to any product names, logos or screen shots, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Acutus site without prior written consent.

Submissions; Confidential Information; Privacy

Acutus shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Acutus' web site, you agree that Acutus has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Acutus' policies regarding privacy.

Forums; Chat Rooms

Acutus may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in Bulletin Boards, Chat Rooms, or other Forums are not necessarily those of Acutus or its affiliated or related entities or content providers. Acutus makes no representations or warranties regarding information or opinions that appear in the Forums, and does not endorse or guarantee the accuracy of any posting. Acutus assumes no obligation to monitor the Forums or to delete or edit any postings. However, Acutus reserves the right to delete, move, or edit any postings that we consider illegal, inappropriate, or otherwise inappropriate. By using Acutus' web site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify Acutus and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

Disclaimer of Warranties and Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ACUTUS, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ACUTUS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ACUTUS BE LIABLE FOR ANY SPECIAL, 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 ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. ACUTUS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

You expressly agree that use of the Acutus site is at your sole risk. You (and not Acutus) assume the entire cost of all necessary servicing, repair or correction. By way of example, and without limiting the generality of the foregoing, Acutus and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Acutus is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. This Web site can be accessed from other countries around the world and may contain references to Acutus products, services, and programs that have not been announced in your country. These references do not imply that Acutus intends to announce such products, services or programs in your country.

Governing Law and Jurisdiction

Unless otherwise specified, the materials in the Acutus web site is presented solely for the purpose of promoting programs and other products available in Canada. This Web site (excluding linked sites) is controlled by Acutus from its offices within the Province of Ontario, Canada. By accessing this Web site, you and Acutus agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and Acutus also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. Acutus makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. 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 any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Acutus.




PRIVACY POLICY

(Jump to: Terms of Use | Software License Agreement)

Acutus Trading Ltd ("Acutus") recognizes that our customers value their right to privacy and want to be assured that any personal information that they provide to us will be used in accordance with their wishes. Acutus is committed to ensuring that you are fully informed as to how your personal information will be used and that it will be kept secure.

1. What Information Do We Collect?

Acutus may collect personal information from you relating both to your identity and personal preferences as well as our products. Acutus will endeavor only to collect such information as is necessary for the stated purpose for which we are collecting the information. For example if you purchase a Acutus product, we will require your name and address so that we can send the product to you and your credit card details to obtain payment. Wherever possible Acutus will provide you with clear information as to the type of information, we wish to collect and how we want to use it. You will be given a clear option to agree or not agree to such information being collected. If we require further information, we will clearly set out the information we wish to collect and the purposes for which we are collecting it. There are a number of different ways that we may collect personal information from you. At the time of collection we will set out clearly the information that we are collecting and the purposes for which we will use it. Communications From You: You may email or write to us providing your name and contact details and any other personal information contained in your message. Customer Support: You email us in respect of technical assistance you require in respect of our products or information that you would like to receive relating to our products. Purchases: If you wish to purchase Acutus Products from our website or over the telephone we, or our associates, will require sufficient information to complete the purchase including your credit card details, your contact details and an address for shipping. We may also ask if you would like to be placed on our mailing list for information about product updates. Mailing Lists: You may subscribe to one or more mailing lists from us and we will always obtain your consent before subscribing you to such a mailing list. These lists are used to communicate information about us or our products to you. We never rent or sell our mailing lists to other groups or organizations. You may ask to be removed from our mailing lists at any time. Aggregate Information: Whenever you enter our website, our web server automatically collects and aggregates information in respect or your visit. This information includes URLs or domains of referring websites, browser type, operating system, the pages that you access and the date and time of your visit. In general this aggregate information will not identify you personally. If we do correlate such information to you, we will treat it in accordance with this policy.

2. Purposes For Which We Use Information

Our objective is to inform you before or at the time of collection as to the information we are collecting and the purposes for which we wish to use such information. We will seek your clear consent to your information being used for the stated purposes and will only collect such information as is reasonably necessary to achieve those purposes. Acutus will clearly inform you as to information that it requires to proceed with the stated purpose and information that is merely optional. If you choose not to provide required information Acutus may not be able to comply with your request or provide certain services. Product Purchases: When you purchase products from our website or from our associates' website, we will use your information to process payment and deliver the product to you. Contacting You: If you have requested us to provide you with information, we will your contact information so as to contact you. Internal Analysis: We may use the information you provide us with for our own internal statistical and analytical purposes, to evaluate and profile customers including customer preferences and purchasing trends which we may use for marketing purposes and in respect of operations and development.

3. Sharing of Information with Third Parties

We may share the information that you have provided to us with associates of Acutus. Such affiliated companies will also comply with the terms of this policy. Legal Disclaimer: Although we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site or Software products.

4. Cookies

Acutus Trading uses a software technology called "cookies." Cookies are small text files tht we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this web site to personal information that the visitor has provided, such as an e-mail address, we do not use cookies for this purpose. We do use cookies to determine how many visitors we have and how often they visit various sections of our site.

5. Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. We are particularly sensitive to visitors' security concerns regarding the use of credit cards to purchase products over the Internet. For orders placed in the store at acutus.ca or directly through our software, we work with our partners to use a technology that automatically encrypts credit card data while information is being transmitted over the Internet, provided that the visitor's browser supports the Secure Socket Layer protocol (SSL).

6. Links

We may offer links from our website to other websites which may be hosted by our co-branding partners or by unrelated companies which we think may be of interest to you. Such websites are not governed by this privacy policy and Acutus makes no representation as to their practices for dealing with your personal information. We recommend that you check the privacy policy of any website at the beginning of your visit.

7. Chat Rooms and Newgroups

Acutus' website may have chat rooms, newgroups, or other forums which permit individuals to interact online. Any information you transmit online in such forums will be made public and Acutus cannot control nor is it responsible for the use any third parties may make of such information.

8. Children

This site is a general audience site which is neither designed nor intended to collect personal information from children who are under the age of 13. In order to ensure compliance with the provisions of legislation such as the Children's Online Privacy Protection Act children under the age of 13 should not provide any personal information to this site. We ask that parents supervise their children while online.

9. Access, Modification and Accuracy of Information

We take reasonable steps to ensure that the information that we receive from you is accurate and kept up to date. You have the right to access your information to verify the information that we have collected in respect of you. You also have the right to request that your information be modified or deleted, including any changes to any consents that you may have given in respect of us contacting you relating to information that you receive from us. You may also ask at any time that your preferences as to the type of communications that you receive from us are modified in order to stop receiving them or to be added to our mailing list. We will endeavor to deal with all such requests for access and modifications in a timely manner. We will not be able to comply with requests in respect of information that we may have archived as part our business operations.

10. Retention and Storage of Information

We will retain your information for a reasonable time to permit us to use it for the purposes that we have communicated to you. When information is no longer required, we will ensure that all such data is removed from our database. We may use the services of third party companies to physically collect and store your information on our behalf. Any such companies will have to comply with the terms of this policy.

11. Changes to Privacy Policy

We may change the terms of this privacy policy from time to time in order to reflect our practices and provide greater protection for your information. Any change to this policy will be clearly displayed on this website. Any changes to this policy will not have retrospective effect. Information collected by us will be dealt within accordance with the provisions of our policy which were in effect at the time of collection.

12. Business Transfers

The information that is collected by Acutus is considered to be an asset. In the event that Acutus, any affiliated company, division or portions of its assets are acquired by another company, such information may be one of the transferred assets. We will take reasonable steps to place a notification of such a transfer on our website.

13. Acceptance of Terms

By using our services, accessing our website or purchasing our products you are consenting to the practices relating to information collection and use that are described in this policy.

14. Contact Us

Any requests for access to your information, modification of your information or questions in respect of this policy should be sent to the following email address support@acutus.ca.



SOFTWARE LICENCE AGREEMENT

(Jump to: Terms of Use | Privacy Policy)

Software Licence Agreement
For Digital Alarm Clock

1. Agreement Controls the Relationship

This Software Licence Agreement (Agreement) sets forth all terms and conditions, obligations, responsibilities, liabilities and remedies as among (a) you, (b) Coverall Crew Corporation (the Author), and the Representatives (defined at Section 11) in regards to your use of Digital Alarm Clock, that has been created and is owned by the Author (the Software) and any related services, materials, and documentation. By using the Software, you confirm that you (a) have read and understood this Agreement, (b) accept and agree to be bound by its terms and conditions, (c) acknowledge that this Agreement sets forth your exclusive remedies in respect of any claims you may have related to the Software, and (d) understand that this Agreement fully sets out the obligations and limitations of liabilities of the Author, their licensors and the Representatives to you, notwithstanding any other prior or contemporaneous writing (including any related packaging or advertisements), promise, understanding, or oral representations made by any party including the Author.

2. Rejection of Agreement

2.1 If you obtained the Software but do not agree with or consent to be bound by the terms of this Agreement, you must (a) immediately discontinue all use of the Software and any related services, materials and documentation; (b) immediately delete from your computer any file which you may have downloaded from the Software, and destroy any and all copies made by you (or with your permission) of any portion of the Software; and (c) within ten (10) days deliver to the Author, at the address set forth in Section 12.3, the Software and all other items provided to you with or in connection with the Software plus documentation evidencing the date and amount you paid for the Software (e.g. dated receipt, shipping invoice). If you comply with the terms of this Section 2.1, you shall receive a full refund of any monies you paid for the Software.

2.2 If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and you do not agree with this Agreement, do not use the Software.

3. Consideration

You agree that valid and sufficient consideration for this Agreement is the mutual exchange of promises between you and the Author, as set out in this Agreement. For greater certainty, you agree that your possession and use of the Software, or a copy thereof, is valid and sufficient consideration in exchange for your agreement to be bound by the terms and conditions of this Agreement.

4. Activation Codes

4.1 You may purchase from the Author and/or authorized Representatives an electronic activation code (Activation Code) to enable and/or disable portions of the Software such that the Software operates in a state known as the Activated Mode.

4.2 You agree that by purchasing an Activation Code, you are providing payment for the right to use information owned by the Author concerning its scientific experience and, for greater certainty, the right to use computer software owned by the Author. You warrant that you understand that the supply of this Software and/or an Activation Code by the Author and/or Representatives is a supply of intangible personal property.

4.3 You agree that without purchasing an Activation Code, the Software may be restricted, disabled and/or otherwise reduced in capacity. Under such circumstances, some portions of the Software may initially be disabled, and other portions of the Software may initially be enabled, such that the Software is operating in a state known as an Evaluation Mode, Demonstration Mode, and/or Demo Mode.

4.4 You agree that the use of an Activation Code is restricted to your personal use only and is not to be shared, copied, resold or otherwise distributed in any form whatsoever. It shall be considered a breach of the terms of this Agreement if an Activation Code is shared, copied, resold or otherwise distributed contrary to this provision. The Author encourages the redistribution of copies of the Software but restricts and does not condone or otherwise support the redistribution of Activation Codes.

5. Support

5.1 The Author and/or its Representatives in their sole discretion may make available to you updates and error corrections (collectively, updates) to the Software. As determined by the Author in their sole discretion, updates may be provided (a) electronically via the world-wide-web and/or (b) via media (e.g. CD-ROM). You may be charged an additional fee if the Author makes updates available (y) both electronically and via media and you choose media or (z) in different media forms and you choose the form which is identified as having an additional fee. It is your sole responsibility to establish and maintain adequate access to the world-wide web in order to receive the updates and to maintain in good working order the computer on which you will use the Software. It is your obligation to install all updates and error corrections within thirty (30) days of such being made available to you by the Author (or its Representatives).

5.2 In its sole discretion, the Author and/or its Representatives may provide technical support for the current release/version of the Software and the immediately preceding release/version for a period of six (6) months following the date the subsequent release/version (if any) is made generally available to customers of the Software. Technical support provided by the Author may be subject to an additional fee to be paid in advance. The Author reserves the right to discontinue technical support for the Software at any time in its sole discretion.

6. Licence Grants

You are granted a non-exclusive, limited licence to access the Software on a single computer. You are permitted to make up to one hundred (100) electronic copies of the Software for your own use, including backups, restorations, transfers and downloads. You may make use of an Activation Code only if purchased by you and only on a single computer. You may not use an Activation Code on more than one computer at one time. You may not make any copies of printed materials or any online materials, including user documentation, provided or made available to you in connection with the Software (if any).

7. Licence Restrictions

7.1 The Software and any materials provided to you in connection with the Software contain the Author's trade secrets. You may not disclose such trade secrets or decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form.

7.2 You may not modify, adapt, translate, rent, sublicence, assign (except as permitted under Section 7.4), lend, resell for profit, distribute, or network any portion of the Software, or related materials, or create derivative works based thereon or any part thereof.

7.3 The Software and materials provided to you in connection with the Software are protected by Canadian and other copyright laws and international treaties. Unless expressly permitted under your applicable licence grant in Section 6, any of the following actions by you, among others, would be considered violations of this Agreement: (i). Distributing copies of the Software to entities or persons in countries not authorised to receive copies of the Software; (ii). Permitting others to access the Software for their own purpose; (iii). Enabling others to use your Software registration, access codes, passwords, serial numbers and/or Activation Codes; or (iv). Copying any portion of the printed materials, if any, accompanying the Software, or printing multiple copies of any user documentation.
7.4 Subject to the Author's approval, you may only transfer/assign your rights in and to the Software to a third party, or sell the computer on which such software is installed to a third party, provided that, within fifteen (15) days of the transfer/assignment to that third party, (a) you notify the Author of the transfer/assignment and complete any transfer forms required by the Author, (b) the third party enters into the most current version of the Software Licence Agreement for the applicable software as provided by the Author; and (c) you or the third party pay all fees which might be due and owing in connection with your prior use of the applicable software and/or the related technical support. If you transfer/assign your rights to the Software to any third party, you may not keep a copy of such software or any related materials/documentation for yourself.

7.5 You may only use the Software for purposes that are in compliance with the laws of your local jurisdiction and for purposes that are in compliance with the laws of Alberta, British Columbia and Canada. You are expressly prohibited from using the Software for any use that is in contravention of laws, regulations, ordinances and legislation designed to protect intellectual property rights.

8. 60 Day Money Back Guarantee

In the event you determine that you are not satisfied with the Software, you may obtain a full refund of your purchase price of an Activation Code (minus applicable shipping and handling fees (if any)) if within sixty (60) days of purchase you:

1. Send to the address set forth in Section 12.3: all items provided to you as part of the Software and documentation evidencing the date and amount you paid for the Software (e.g. dated receipt, shipping invoice); and

2. Delete any Software and documentation downloaded or loaded onto your computer.

9. Limited Warranty

9.1 The Author warrants that all CD-Rom disk(s), diskettes or other media (collectively, disk(s)) provided to you as part of the Software and under this Agreement, when under normal use, shall be free from defects in material and workmanship for sixty (60) days from the date of your purchase of the Software (warranty period). If you obtained the Software from the Author or from a retail store and your disk(s) does not operate as warranted, the Author shall, at its option, repair/replace the disk(s) or refund your purchase price provided that you send the Author a replacement request, the defective disk(s), and evidence of the date and amount for which your purchased the Software, prior to the expiration of the warranty period. If the Software was pre-installed on your computer when you bought it, or the disk(s) came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain a replacement or repaired disk(s) from the manufacturer of your computer, at its option, by sending the manufacturer your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, prior to the expiration of the warranty period.

9.2 If you identify a defect after the warranty period, the Author may make a replacement disk(s) available if you send to the Author: your replacement request, the defective disk(s), and a cheque made payable to Acutus Trading in the applicable amount plus applicable tax. For all orders shipped within Canada, please add all applicable provincial and local sales tax as well as tax on shipping and handling based on your shipping address. Any request for the replacement of defective disk(s) (with the items identified in this Section 9.2) must be sent to the Author as set forth at Section 12.1.

9.3 THIS SECTION 9 SETS FORTH THE AUTHOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SOFTWARE, DEFECTIVE DISKS, SERVICES OR TECHNICAL SUPPORT PROVIDED AS PART OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.

10. Limited Warranty and Disclaimers

EXCEPT AS PROVIDED IN SECTION 9 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ANY RELATED DOCUMENTATION, MATERIALS, SERVICES AND TECHNICAL SUPPORT PROVIDED TO YOU IN CONNECTION WITH THE SOFTWARE ARE PROVIDED AS-IS AND YOU ACCEPT THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR, THEIR AFFILIATED COMPANIES, AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK(S), RELATED DOCUMENTATION, AND OTHER MATERIALS AND TECHNICAL SUPPORT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, OR NONINFRINGEMENT. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE SHALL PERFORM ERROR FREE OR WITHOUT INTERRUPTION, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES THE AUTHOR WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE INCLUDING THIRD PARTY SERVICES TO WHICH YOU MAY CONNECT THROUGH THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR AND THEIR LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES OR CONDITIONS, OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH THE SOFTWARE IN THIS AGREEMENT. THE AUTHOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY CONTENT, EVEN IF ACCESSED THROUGH THE SOFTWARE BY MEANS OF A LINK OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES REGARDING THE OWNERSHIP OR FUNCTIONALITY OF SUCH CONTENT.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE YOU PURCHASED THE SOFTWARE, OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY ACCORDING TO JURISDICTION.

11. Limitation of Liability and Damages

11.1 THE ENTIRE AND SOLE LIABILITY OF THE AUTHOR AND THEIR AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (REPRESENTATIVES) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE AUTHOR OR ITS AUTHORISED RESELLER FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE AUTHOR NOR THEIR REPRESENTATIVES ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR'S AND THEIR REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES FROM ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.2 For the purposes of this Agreement, Representatives includes but is not limited to Acutus Trading, a proprietorship by virtue of the laws of British Columbia.

11.3 These limitations of damages set forth above are fundamental elements of the basis of the bargain between the Author and you. The Author would not be able to have provided the Software and/or the related services and materials without such limitations.

12. Notice and Returns

12.1 Notifications from the Author concerning the Software (e.g. availability of an update or error correction) and/or this Agreement may be made accessible online via this web site. In its sole discretion, the Author may also provide notification by other means such as e-mail and post. You agree that it is your sole responsibility to routinely visit this web site for notices regarding the Software and this Agreement and to ascertain how such may impact your use of the Software.

12.2 Notification by You to the Author: Any notification to be provided by you to the Author under this Agreement must be made by one of the following means: (a) an e-mail sent to support@acutustrading.com; or (b) a letter mailed to Acutus Trading Ltd, 2 - 190 Bruce Street, London ON N6C 1H1, CANADA.

12.3 Address for Product Returns: All product returns under this Agreement must be sent via registered mail to: Acutus Trading Ltd, 2 - 190 Bruce Street, London ON N6C 1H1, CANADA.

12.4 Address for Contacting the Author: If you have any questions concerning this Agreement, you may contact the Author by writing to: Acutus Trading Ltd, 2 - 190 Bruce Street, London ON N6C 1H1, CANADA.

13. Termination

This Agreement may be terminated by the Author immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately return to the Author the Software and all other materials provided to you under this Agreement, as well as destroy any complete and/or partial copies of the Software, including all backup copies and all other materials.

14. General Provisions

14.1 In the event of a conflict between this Agreement and the software licence agreement included in the manual you receive in connection with the initial shipment of Software to you, the terms and conditions of this Agreement shall control. This Agreement does not limit any rights that the Author may have under trade secret, copyright, patent, trademark or other laws. Your breach of this Agreement may subject you to civil and criminal liability. The Representatives are not the Authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on the Author, unless such are in writing and signed by an officer of the Author. Accordingly, such additional statements by Representatives are not binding on the Author and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision will be deemed, to the extent necessary, amended or omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Alberta law (without reference to conflicts or choice of law principles), except as to copyright and trademark matters, which are covered by Canadian federal laws and international treaties. This Agreement is deemed entered into at Calgary, Alberta, and shall be construed as to its fair meaning and not strictly for or against either party.

14.2 The Software may contain dated information. In using the Software, you understand that it may not include all the information or the most current information relevant to your particular needs or situation.

15. Privacy Policy

The Author gathers certain end user information and personal data from its customers. The Author adheres to all applicable laws governing the protection of any individual personal data provided to the Author in connection with the use of the Author's products/services. The Privacy Policy section of the Digital Alarm Clock website at «http://macalarmclock.com /legal/» provides the current privacy policy in full. The privacy policy is subject to change without notice.

16. Trademarks

Any product names, marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners and appear through the courtesy of such owners. Such marks are protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.

17. Language

It is the express wish of the parties that this agreement and all related documents be 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.



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Digital Alarm Clock and Radio-Réveil version 2.6 are available in French and English as Universal Binaries for Mac OS X.
Digital Alarm Clock and Radio-Réveil Copyright © 2017 Coverall Crew Corporation. Portions Copyright © 2003-2017 Acutus Trading Ltd. All Rights Reserved.
Distributed by Acutus Trading Ltd. Mac and the Mac Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.