Pyxis Technologies Inc. - Minyaa Suite License

Definitions

  • Pyxis Technologies Inc. means Pyxis Technologies Inc., located at 440, Armand-Frappier Blvd., Suite 120, Laval, Quebec, Canada, H7V 4B4.



  • Authorized Person means a licensed user of the Product for whom Subscriber has paid a license fee to Pyxis Technologies Inc. in accordance with clause 2 of this agreement.



  • Authorized Use means, in relation to the Product, a single installation (for greater clarity a single deployment of the Product within an application server) of the Product on a single physical server located at the Authorized Site, from where the Authorized Person may undertake use of the Product in accordance with the terms of this agreement.



  • This Agreement will be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without reference to the conflict of laws provisions, and the parties agree to attorn to the jurisdiction of the courts of the Province of Quebec.



  • Authorized Site means the business premises of the Subscriber from time to time or the premises of a third party hosting provider contracted by Subscriber.



  • Protected Code means source code contained within the Product that is protected against access by Pyxis Technologies Inc.



  • Subscriber means the individual or entity that has subscribed for the Product under the terms and conditions of this agreement.



  • USD means United States dollars. CAD means Canadian dollars.

License Fee

A one-off fee for amount of dollars and Authorized Persons according to purchasing transaction and information stated on Minyaa.com web site, such fee being non-refundable and payable on acceptance of the terms and conditions set out herein.

Grant of Licence

Subject to the terms of this agreement, Pyxis Technologies Inc. grants to the Subscriber, and the Subscriber accepts from Pyxis Technologies Inc., a worldwide, non-exclusive, non-transferable, non-sub-licenseable license to use the Product.

License's Restrictions

License entitles you
  1. to deploy a single instance of Minyaa Suite in a production environment on 1 server,
  2. Unlimited projects, users and issues, in respect of License details,
  3. Perpetual Minyaa Suite use,

No Warranty

Any person using the Product does so on the basis that Pyxis Technologies Inc. gives neither guarantee nor warranty nor makes any representations as to the correctness or completeness of the Product and no liability, contingent or otherwise is accepted by Pyxis Technologies Inc. for errors in the Product or omissions from the Product.

As is Basis

The Product is provided on an "as is" basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose. Without limitation, Pyxis Technologies Inc. will not be liable to any person for any loss, damage, cost, expense or other claim (including consequential damages and loss of profits) in relation to the Product including, without limitation:
  1. any use or reliance on a Product by the person (including the form and content of errors in and/or omissions from any information contained in a Product);
  2. any delay, interruption or other failure in the provision of the Product; or
  3. any change in the form or content of the Product.

Pyxis Technologies Inc. Obligations

Pyxis Technologies Inc. will supply the Subscriber with the Product and provide basic technical support for a period mentioned in the License Details (12 months by default) from the Commencement Date, which will include all generally available updates and/or enhancements from time to time.

For the avoidance of doubt, such technical support will include e-mail support for technical issues relating to the use of the Product but will not include any on-site visits to the Authorized Site or any other third party locations.

Publicity Rights

The Licensee grants Pyxis Technologies Inc. the right to include the Licensee as a customer, in any Product promotional material (Web-Site, Presentation Slides).

Licensee can deny Pyxis Technologies Inc. this right at any time by submitting a written request via email to sales@minyaa.com, requesting to be excluded partially (mentioning usable informations) or totally from Product promotional material.

Non Commercial Publicity Rights

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