PLEASE NOTE: Use of this system indicates that you accept these terms. If you do not accept these terms please do not use this software. Please read these terms carefully before using this system.
Collect! is the copyrighted work of Comtech Systems Inc. and its suppliers. Any unauthorized use, reproduction or redistribution of Collect! is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Comtech Systems Inc. further represents that Collect! is owned and licensable by Comtech Systems Inc. and will not infringe on any copyright, registered or unregistered trademark, or right in confidential information or trade secret of any third party.
You may use Collect! on a single computer during the 30 Day trial period. After the 30 day trial period you must either purchase a License to use the software, subcribe to our Cloud Service, or destroy all copies of Collect!.
You are specifically prohibited from creating any copies of Collect! except a copy for off site storage backup for use on an emergency basis at no additional charge. If you are a subscriber to our Cloud Solution, backups are done automatically and are available upon request for a fee.
If you purchase Collect! for a premise installation, you may install and use Collect! only on one computer at a time. If you wish to use Collect! on more than one computer you must purchase a multi-User license for each additional computer.
If you purchase Collect! for a premise installation, you may install and use Collect! on a computer network provided it is used either on the number of computers, or by the Number Of Users you have purchased licenses for.
If you subscribe to Collect! for our cloud solution, you will be provided with a set of usernames equal to the number of seat licenses that you subscribe to. The number of seat licences that you subscribe to will be the total number of users who can login to the server concurrently and who can login to Collect! concurrently.
You may not distribute copies of Collect! or accompanying written materials to others.
You may not share or distribute copies of Collect!, license codes, or accompanying written materials to others.
Except as otherwise provided herein and in the Collect! Purchase Agreement, the Collect! Agreement For Membership Services and the Collect! Service Retainer Agreement, Collect! is provided "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose. Comtech Systems Inc. ("Comtech") makes no warranties or representations regarding the accuracy or completeness of the software and/or information.
To the extent applicable within your state or provincial laws, in no event shall Comtech, or any of it's suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Comtech product, including loss of data and/or inability to restore database files, even if Comtech has been advised of the possibility of such damages.
Comtech hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability or fitness for a particular purpose.
Comtech makes no representations about the suitability of the information contained in the documents and related graphics published with Collect! for any purpose. Except as otherwise provided herein and in the Collect! Purchase Agreement, the Collect! Agreement For Membership Services and the Collect! Service Retainer Agreement, (i) all documents and related graphics are provided "as is" without warranty of any kind, and (ii) Comtech and it's related suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, and (iii) in no event shall Comtech and it's respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data, profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available with Collect!.
This agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. The parties agree to the exclusive jurisdiction of the courts sitting in the judicial district of British Columbia, Canada for any action or proceeding arising out of or in connection with this agreement and hereby waive any objection they may have to such venue, including, without limitation, an objection based on the assertion that this venue is an inconvenient forum.
Attorneys Fees and Costs
The parties agree that in the event Comtech brings an action to enforce its rights pursuant to this agreement or to construe the terms of this agreement itself, or is compelled to defend itself in an action, Comtech shall, in addition to any other relief, be entitled to an award of its attorneys fees and costs incurred and associated with a successful prosecution or defense of same as against the Client.