Tompkins Home Hardware Building Centre

IMPORTANT – PLEASE READ CAREFULLY

Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between eSSENTIAL Accessibility Inc. and You, as a user, for the use of the eSSENTIAL Accessibility Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the eSSENTIAL Accessibility Software. You hereby agree and acknowledge that this Agreement covers all your use of eSSENTIAL Accessibility Software, whether it be from this installation or from any other terminals where eSSENTIAL Accessibility Software has been installed, by you or by third parties. Furthermore, by installing and continuing to use the eSSENTIAL Accessibility Software You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by eSSENTIAL Accessibility to show Your approval of any foregoing texts and/or to download and install the eSSENTIAL Accessibility Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the eSSENTIAL Accessibility Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the eSSENTIAL Accessibility Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet or Internet telephony, You may not enter into this Agreement and You may not download, install or use the eSSENTIAL Accessibility Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the eSSENTIAL Accessibility Software is allowed.

THE eSSENTIAL Accessibility SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; the eSSENTIAL Accessibility Inc. DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE eSSENTIAL Accessibility SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. the eSSENTIAL Accessibility FURTHER DOES NOT REPRESENT OR WARRANT THAT THE eSSENTIAL Accessibility SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES the eSSENTIAL Accessibility WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE eSSENTIAL Accessibility SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT the eSSENTIAL Accessibility, ITS AFFILIATES AND THE eSSENTIAL Accessibility STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE eSSENTIAL Accessibility SOFTWARE, AS SET FORTH BELOW.

The following is a legal software license agreement between you, the software end user, and eSSENTIAL Accessibility Inc.. Carefully read this license agreement before using the product. Using the product indicates that you have read this license agreement and agree to its terms.

Grant of License. The SOFTWARE PRODUCT is licensed, not sold. This license permits you to use one copy of the software included in this package on any single computer. For each software license, the program can be "in use" on only one computer at any given time. The software is "in use" when it is either loaded into RAM or installed into the hard disk, Server or other permanent memory. A special license permit from eSSENTIAL Accessibility Inc. is required if the program is going to be installed on a network server for the sole purpose of distribution to other computers.

Copyright. The software contained in this package is owned by eSSENTIAL Accessibility Inc. and is protected by International copyright laws, international treaty provisions, and all other applicable national laws. The software must be treated like all other copyrighted materials (e.g. books and musical recordings). This license does not allow the software to be rented or leased, and the written materials accompanying the software (if any) may not be copied.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the eSSENTIAL Accessibility software or any part thereof.

 Limited Warranty. eSSENTIAL Accessibility Inc., warrants that the software contained herein will perform substantially in accordance with the accompanying documentation. No Other Warranties. eSSENTIAL Accessibility Inc. disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware (if any).

 No Liability for Consequential Damages. In no event shall eSSENTIAL Accessibility Inc. or its suppliers be liable for any damages whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) which results from an inability to use this software, even if eSSENTIAL Accessibility Inc. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, the above limitations may not apply to you.

© eSSENTIAL Accessibility – Last revised: November, 2013