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Please read the following agreement carefully before accessing any of PŮR Investing Inc.'s interactive Asset Allocation Tools (the “Tools”) available on the PŮR Website (the “Site”). The Tools are the property of PŮR Investing Inc. (“PŮR”), and their use is licensed to you under the terms of this End User License Agreement (“Agreement”). By using a Tool, you acknowledge that you have read and understand this Agreement, and that you agree to be bound by its terms and conditions. PŮR expressly does not agree to license the use of any Tool to you unless you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please promptly exit this page by clicking “I do not accept” at the end of this Agreement without trying to access any of the Tools. 1. Grant of License; Ownership If you click “I accept” at the end of this Agreement, PŮR grants to you a limited, non-exclusive, non-transferable single user license to use the Tools, each for its intended purpose, subject to the provisions of this Agreement. You may use the Tools on only one computer at a time. You may not display the Tools through a projector or otherwise provide others with access to the Tools. You may not use the Tools for commercial purposes. You are licensed to use them for your personal, non-commercial use only and not for the benefit of any third party. You may not transfer, publish, assign, disseminate, sublicense, sell, loan, rent, or otherwise make available the Tools (or any derivation, revision, or combination thereof) to any third party, use the Tools for any commercial purposes or for any public display, or mirror the Tools on any other server. The Tools are proprietary to PŮR and/or its affiliates, who retain exclusive title to and ownership of the copyrights, trademarks, trade secrets and other intellectual property rights vested in them. No part of any Tool may be modified, printed (unless instructed otherwise by the Tool), copied or distributed in hardcopy or machine-readable form without prior written consent from PŮR. All rights not expressly granted are reserved by PŮR. Any other use of the Tools by any person or entity is strictly prohibited and a violation of this Agreement 2. Intellectual Property The Site, the Tools, and any other information provided on the Site (collectively, the “Information”) contains material that is protected by Canadian and international copyright law and trade secret law as well as by international treaty law and you understand that you have no ownership rights in any Information contained on the Site. 3. Disclaimers THE INFORMATION CONTAINED IN THE SITE OR OBTAINED THROUGH USE OF THE TOOLS IS NOT INTENDED AS LEGAL OR INVESTING ADVICE AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN INVESTMENT COUNSELLOR. The economy changes rapidly, and there is no guarantee that all the information obtained through using any particular Tool will be current or correct. The Information on the Site or gleaned through the use of the Tools is not guaranteed for completeness or accuracy. It is your responsibility to evaluate the accuracy, completeness or usefulness of all Information and you acknowledge that you are responsible for the entire risk with respect to the quality and performance of the Information and the Site and that you bear all risk in connection with your use of the Information. THE TOOLS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUR, FOR ITSELF AND FOR ITS OFFICERS, DIRECTORS AND SHAREHOLDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PŮR DOES NOT REPRESENT OR WARRANT THAT THE TOOLS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. 4. Limitation of Liability IN NO EVENT SHALL PŮR, ITS DIRECTORS, OFFICERS OR SHAREHOLDERS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF CAPITAL OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE TOOLS. The maximum liability of PŮR to you is the sum of One ($1.00) Dollar, expressed in Canadian funds. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE PROVISIONS IN THE SECTION ABOVE ENTITLED “DISCLAIMER” AND THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THOSE PARTICULAR EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY TO YOU, THE REMAINING EXCLUSIONS OF WARRANTIES AND EXCLUSIONS OF LIABILITY REMAIN IN FULL EFFECT WITH YOU. 5. Access You agree that you will indemnify, defend and hold each of PŮR and its officers, directors and shareholders (collectively, the “PŮR Parties”) harmless from and against all claims, liability, losses, costs and expenses (including legal fees) incurred by a PŮR Party in connection with any use or alleged use of the Site, the Information or the Tools under by any person, whether or not authorized by you. PŮR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PŮR's defence of such claim. 6. Application; Amendment; Termination This Agreement shall govern your access to and use of the Tools from and after the date you evidence your asset to this Agreement by clicking “I Accept” at the end of this Agreement. PŮR may, but shall have no obligation to, require from time to time that you reaffirm your agreement to the terms of this Agreement as a condition to granting you access to Tools in the future. PŮR may propose amendments to this Agreement at any time and by continuing to use this Site thereafter you are deemed to agree to these amendments. PŮR may terminate this Agreement at any time in its sole discretion. Upon termination, you agree to cease use of the Information which is in your possession or under your control. You acknowledge that any use of the Information or the Tools subsequent to termination may result in liability on your part. Any provisions of this Agreement that by their nature operate beyond the termination or expiry of this Agreement will survive such termination, including all provisions relating to confidentiality, proprietary rights, and non-disclosure. 7. General You agree that this Agreement will be interpreted and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law provisions. You submit to the exclusive jurisdiction and venue of the courts sitting in Toronto, Ontario, in respect of any dispute arising under this Agreement. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You agree that this Agreement comprises the entire agreement between PŮR and you and supersedes any prior agreements between you and PŮR with respect to the subject matter of this Agreement. Any waiver or modification of this Agreement will only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will be interpreted to effect the intention of the parties. |