Terms and Conditions of Use of Softcity Website

Softcity Technologies Canada Inc. operates the Softcity Marketplace Website (“Website”) as a website where Internet users can see and purchase software listed herein (“Software”) directly from the developer of such software (“Developer”) Carefully read the following terms and conditions before proceeding. Your access to the Website is subject to these terms and conditions. Accessing the Website indicates your acceptance of the terms and conditions of access and that you intend to be legally bound by them. If you do not agree with these terms and conditions please click on the exit button below. You hereby consent to the exchange of information and documents between us electronically over the Internet or by email and this constitutes an electronic agreement between you (“You” or “Your”) and Softcity Technologies Canada Inc. (“Company”, “We” or “Us”).

Please contact us at Softcity.com for any queries.

1. Ownership and Copyright

You hereby acknowledge that any and all information, content, data, graphics, interfaces, web pages, text, files, Software, names, trademarks, trade-names and logos contained on this Website (collectively “Content”) and all information relating thereto, including the manner in which the Content is presented are the property of their respective owners, Company or Developer as the case may be.

2. Permitted Use

Company hereby grants you a personal, non-transferable, and non-exclusive license to access, read and download one copy of the Content.

3. Restrictions on Use

You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content by any media, or creative derivative works, reverse engineer, decompile, disassemble, adapt, translate, transmit, sell, sub-license, export, host, or make available to any other person or otherwise use the Content. You shall not do anything that could infringe the proprietary rights of Company.

4. Personal Information

You may choose to send various information which is personal to you including your name, postal address, and email address. In addition, Company may from time to time, monitor your use of the Website and collect and store personal data about you for purposes of providing a better service to You in the context of the activity of the Website. You hereby consent to such collection, storage and use.

5. Limitation of Liability and Disclaimers

Notwithstanding our efforts to select payment methods that are secure, there is no guarantee that personal information and transactions on this Website or on the Internet will be maintained confidential and secure. The use of this Website and supply of Your personal data is at Your own risk. Company assumes no liability pertaining to the Content or the Software, Your use of the Website, or the receipt, storage, transmission or other use of Your personal information. You hereby waive any and all cause of action against Company whether it be in tort, breach of contract or otherwise. In providing links to other sites Company is in no way endorsing or guaranteeing the reliability of such sites and excludes all liability with respect to such other sites. This Website and all Content are provided on an “as is where is” basis without and representations, guarantees, warranties of any kind whether express or implied including without limitation warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, merchantability, non-infringement or fitness for a particular purpose. In the event that You choose to purchase Software at the Website, you acknowledge that Your only recourse in the event that you are dissatisfied with such Software is against the Developer and You hereby renounce all cause of action against Company. Company hereby excludes all liability including for indirect or consequential damages including for loss of use, lost profits, lost savings, viruses, data corruption, transmission errors, or events beyond the control of Company even if Company was advised of the possibility of such damages or claims in advance.

6. Termination

This Agreement is effective until terminated by Company with or without cause at Company's discretion, without notice to You if You fail to comply with any of these terms without prejudice to any remedies that may be available to Company.

7. Governing Law and Dispute Resolution

This Website, the content and the Company are located in the Province of Quebec, Canada. This Agreement will be governed by the laws of Quebec and the federal laws of Canada applicable therein. In the event of a dispute, You and Company agree to submit to the jurisdiction of the Quebec Superior Court. You agree to opt out of any class actions against Company. You exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act. You and Company have agreed that this Agreement will be drawn up in English. Nous nous sommes entendus pour que cette Entente soit redigée en anglais.

8. General

This Agreement and its schedules constitute the entire understanding and agreement between the You and Us regarding the subject matter contained herein and supersedes and replaces all other prior or contemporaneous written or oral communications regarding same. This Agreement may not be altered, modified or amended except by a written amendment executed by You and Us. If any provision of this Agreement is held to be invalid or unenforceable in any jurisdiction, You and We shall amend the provision so as to make it valid, and such invalidity shall not affect any other provision of the Agreement. Nous nous sommes entendues pour que la présente entente soit écrite en anglais. We have agreed that this Agreement should be drafted in English.

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