Website Terms of Use
~ Gouda Inc.

ACCEPTANCE OF TERMS OF USE:

Gouda Inc. ("Gouda Inc.") makes or may make available for your use on this Web Site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by Gouda Inc. (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use").

By accessing or using this Site, you agree to the Terms of Use. Gouda Inc. reserves the right to modify or change the Terms of Use from time to time at its sole and unfettered discretion. Your use of the Site will be subject to the most current version of the Terms of Use as posted on the Site at the time of such use.

Additionally, when using any Services or Materials on this Site, you will be subject to any guidelines or rules posted and applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

TERMINATION:

The Terms of Use shall be in effect until terminated by either party. You may terminate these terms at any time by destroying all Materials obtained from the Site, along with all related documentation and all copies and installations thereof.

If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded, printed, or saved in any other media from the Site.

COPYRIGHT AND RESTRICTIONS ON USE OF MATERIALS:

The Materials and Services on this Site are protected by copyright and/or other intellectual property laws. Any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided in this document, Gouda Inc. and its suppliers, agents or associates do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.

Except as specifically permitted in this document, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Gouda Inc..

Use of Software: The software and accompanying documentation that are provided by Gouda Inc. and or made available to download from this Site are the copyrighted work of Gouda Inc. and/or its suppliers, agents or associates. Use of the software is governed by the terms of the end user license agreement that 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 such terms, you will not be able to use the software. You may not de-compile, reverse engineer or otherwise attempt to discover the source code of any software provided or available on the Site.

Refund Policy: Once any software product is downloaded, the price paid for said software is non-refundable and the software is non-returnable except in the event that the software does not function as it is designed to do.

Use of Site Information: Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following terms and conditions:

The documents and information may be used solely for personal, informational, internal, and/or non-commercial purposes.
The documents and information may not be edited, modified, or altered in any way.
The documents and information on the Site may not be distributed to any other party or parties.
You may not remove any copyright or other proprietary notices contained in the documents and information.
Gouda Inc. reserves the right to revoke the authorization to view, download and/or print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Gouda Inc..
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design, layout or code of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Product Representation: Product-package imagery used throughout this Site is for presentation purposes and is representative only. Actual delivery of software products will be by File Transfer Protocol (FTP) download or email delivery. Responsibility lies with the customer regarding the creation of any physical back-up copies following any purchase and is restricted according to the terms of the Product Terms of Use outlined below.

WARRANTIES AND DISCLAIMERS:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Gouda Inc., THE MATERIALS AND SERVICES IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gouda Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS. Gouda Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gouda Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR SERVICES IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Gouda Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. Gouda Inc. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED ON THE SITE, AT ANY TIME AND WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS SITE MAY BE OUT OF DATE, AND Gouda Inc. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

Gouda Inc. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL Gouda Inc. OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, 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 Gouda Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gouda Inc. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

ONCE A SOFTWARE PRODUCT HAS BEEN DOWNLOADED, THE SOURCE CODE WILL HAVE BEEN REVEALED TO THE PURCHASER AND THEREFORE IT MAY NOT BE RETURNED AND NO REFUND SHALL BE MADE BY Gouda Inc., ITS AGENTS, DISTRIBUTORS OR SUPPLIERS EXCEPT IN THE CASE OF DEFECTIVE SOFTWARE AS OUTLINED IN THE LIMITED WARRANTY BELOW.

ADDITIONAL LIMITATIONS:

This Site contains links to third-party Web sites that are not under the control of Gouda Inc.. Gouda Inc. makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Gouda Inc. Web site, you do so at your own risk and Gouda Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Gouda Inc. provides these links merely as a convenience and the inclusion of such links does not imply that Gouda Inc. endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to Gouda Inc. products, services, and programs that have not been announced in your country. These references do not imply that Gouda Inc. intends to announce such products, services or programs in your country.

PERSONAL INFORMATION AND PRIVACY:

To learn about how Gouda Inc. protects your personal information, such as your name and address, refer to the Gouda Inc. Online Privacy Policy. Please note that any non-personal information or material sent to Gouda Inc. will be generally be deemed to NOT be confidential.

LICENSE FOR USER-PROVIDED INFORMATION AND CONTENT:

Certain Services offered on this Site accommodate or require user-supplied information, materials or communications (collectively, 'User Content'). Depending upon the nature of the Service, by submitting User Content to this Site you grant Gouda Inc. one of the following two types of licenses:

1. For User Content that is the result of your creative efforts, such as examples of work you have done using Gouda Inc. products, you hereby grant Gouda Inc. a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant Gouda Inc. the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the Site.
2. For User Content such as comments to the Gouda Inc. Forums, bug reports, piracy reports or product suggestions, and the like, you grant Gouda Inc. an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Gouda Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless:
(a) you grant us permission to do so;
(b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or
(c) we are required to do so by law.

MANAGING USER CONTENT AND COMMUNICATIONS:

Gouda Inc. reserves the right, in its sole and unfettered discretion, to delete or remove your User Content from the Site and to restrict, suspend or terminate your access to all or part of this Site, at any time for any reason without prior notice or liability.

Gouda Inc. may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. Gouda Inc. shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.

Gouda Inc. may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, guestbooks, chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.

To the maximum extent permitted by law, Gouda Inc. will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Gouda Inc. also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

INDEMNITY:

You agree to indemnify and hold Gouda Inc., and its subsidiaries, affiliates, resellers, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION:

These terms shall be governed by and construed in accordance with the laws of Ontario, Canada and International Laws as applicable, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts in Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing.

If you have questions or concerns regarding the Terms of Use, you may contact the corporation in writing at the following address:

Gouda Inc.
7167 Danton Promenade
Mississauga, Ontario
L5N 5P3

Or, contact us for further information:

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