Quick Pole License Agreement
SONIDEFT LTD.
QUICK POLE SOFTWARE
LICENSING AGREEMENT
WITNESSETH:
WHEREAS, Sonideft Ltd. ("Licensor") has developed a software program called "Quick Pole"
("Quick Pole"), designed to assist qualified personnel with establishing and designing utility
poles.
WHEREAS, You ("Licensee"), are a qualified person seeking greater assistance, swiftness, and
reliability in designing utility poles.
WHEREAS, Licensor and Licensee (collectively, the "Parties") enter into this Agreement in
order to permit Licensee to grant Licensor a single license to use Licensor's Quick Pole software.
WHEREAS, Licensor and Licensee anticipate the possible need to amend this Agreement or
enter into other Agreements in the future that may provide additional terms or conditions
governing the business relationship between the parties.
NOW WHEREFORE LICENSOR AND LICENSEE, IN A SPIRIT OF COOPERATION
AND COLLABORATION, AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. Under this Agreement and according to these terms, Licensor hereby grants the
following license rights to Licensee, which hereby accepts these license rights. The following,
granted license is a non-exclusive, non-transferrable license, subject to the terms and conditions
expressed within this Agreement, to use the Quick Pole software:
2. Licensee agrees that it will, as a condition of its license to use the Quick Pole
software, perform the following actions:
2.1 Ensure that the Quick Pole software has Internet access sufficient to allow
for the receipt of updates to the Quick Pole software, and for the
verification of Licensee's license to use the Quick Pole software.
2.2 Ensure that any employees or contractors of Licensee who use the Quick
Pole software are themselves qualified professional engineers, are acting
under the direct supervision of a qualified professional engineer, are
competent utility pole designers, or are working under the direct
supervision of a competent utility pole designer.
2.3 Delete and destroy any and all copies of the Quick Pole software, and any
accompanying printed materials, in case Licensee's license to use the
Quick Pole software has been terminated by Licensor for failure to comply
with this Agreement.
2.4 Hold the trade secrets of Licensor, including the sequence, structure, and
organization of the Quick Pole software, in the strictest confidence.
3. Licensee agrees that it will, as a condition of its license to use the Quick Pole
software, not perform the following actions:
3.1 Rent, loan, resell, sublicense, assign, distribute, or re-distribute the
original Software or a copy of the Software to any other person and/or
company, or in any way allow more than one user to access the Quick
Pole software under the same single-user license key;
3.2 Make the Software available on any file-sharing or application hosting
service;
3.3 Electronically send the Software to any other person;
3.4 Copy the printed materials or user documentation accompanying the
Software other than as necessary to support the uses permitted herein.
3.5 Reverse engineer, disassemble, or decompile the Software except and only
to the extent that such activity is expressly permitted by applicable law.
3.6 Remove, emulate, or reverse-engineer of all or any part of the Software or
protection devices contained therein.
4. The Parties agree that the duration of the license to use the Quick Pole software
granted by Licensor to Licensee shall be for a term dependent upon the payment method chosen
by Licensee:
4.1 a. If Licensee paid the full price for the Quick Pole software,
Licensor grants Licensee a non-exclusive, non-transferrable license to use
the Quick Pole software for a minimum of 12 months, conditioned only upon Licensee's
continued adherence to the terms and conditions expressed within this
Agreement.
b. Licensee agrees to pay to Licensor a software update and
maintenance fee at the end of the current subscription period.
4.2 If Licensee elected to rent the Quick Pole software, Licensor grants
Licensee a non-exclusive, non-transferrable license to use the Quick Pole
software for the duration of the rental/subscription period.
5. Licensor hereby confirms that it holds all legal right, title and interests in and to
certain intellectual property rights relating to the Quick Pole software licensed under this
Agreement. Licensor further confirms that it holds all legal right, title and interests in and to the
Quick Pole software.
6. Licensee hereby agrees that Licensor may terminate Licensee's license to use the
Quick Pole software if, in Licensor's sole discretion, Licensor forms the belief that Licensee has
failed to abide by the terms of this Agreement.
7. Licensee agrees and understands that the Quick Pole software is provided "as is."
Licensee further agrees and understands that Licensor expressly disclaims express or implied
warranties of any kind, including without limitation warranties of merchantability, non-
infringement, or fitness for a particular purpose. Licensee further agrees and understands that
Licensor does not warrant the accuracy or completeness of any information, text, graphics, links
or other items contained within the Software; that the Software is error-free; or that designs
generated by it will be acceptable. Licensee further agrees and understands that Licensor
expressly disclaims any warranty to Licensee's authorized users or to any third party. Licensee
assumes all responsibility for the design assumptions and results provided by and through
Licensee's use of the Quick Pole software, regardless of the extent to which the software
protocols and inner workings of the Quick Pole software have been made public.
8. Licensee agrees and understands that the liability of Licensor for direct damages
under this Agreement shall be limited to the refund of the purchase price of the software. Except
as otherwise expressly provided within this Agreement, Licensee agrees that Licensor shall not
be liable for any indirect, punitive, exemplary, special, incidental, or consequential damages,
including without limitation damages for lost profits, business interruption, personal injury,
property damage, loss of data or the disclosure of confidential information, or for errors or
omissions contained within the software, even if Licensor has been advised of the possibility of
such damages.
9. Licensee agrees that it shall not compete with Licensor in any commercial or
business venture regarding the fields of endeavour and/or purposes for which the Quick Pole
software can be used.
10. Licensee agrees not to intentionally make, or intentionally cause any other Person
to make, any public statement that is intended to criticize or disparage Licensor, any of its
affiliates, or any of their respective officers, managers or directors. Licensor agrees to use
commercially reasonable efforts to cause its officers and members of its Board not to
intentionally make, or intentionally cause any other person to make, any public statement that is
intended to criticize or disparage Licensee. This section shall not be construed to prohibit any
person from responding publicly to incorrect public statements or from making truthful
statements when required by law, subpoena, court order, or the like.
11. Licensee agrees and understands that no software program can ever be totally free
of bugs or errors. If Licensee finds a bug or error in Quick Pole, Licensee agrees to inform
Sonideft of the bug or error by and through Sonideft's website (https://sonideft.com) or other means as may be provided through the software.
Licensee agrees and understands that Quick Pole will from time-to-time connect to the Internet
to download updates and/or fixes provided by Licensor, and to validate the status of Licensee's
license. Licensee agrees to grant Quick Pole any and all access Quick Pole may need to access
the Internet so as to facilitate these processes.
12. Licensee agrees and understands that Licensor may from time-to-time update this
Agreement. Licensor agrees to post a public notice on its web site - https://sonideft.com -
with appropriate notice and a link to the revised version of this Agreement. Licensee agrees that
this revised version shall come into full force and effect between the Parties five (5) days after
being posted onto Licensor's website.
13. Licensor and Licensee agree that this Agreement will be understood to be in force
under the laws of the Province of Nova Scotia and that no other promise or written agreements
will be permitted to change any of the terms of this Agreement, except and only to the extent that
such changes result from subsequent written amendments agreed to and signed by Licensor and
Licensee. In the event of a dispute arising under this Agreement, the Parties agree to meet in
good faith to resolve the dispute. If such efforts are unsuccessful, the parties shall submit the
dispute to non-binding mediation before a neutral mediator in Halifax, Nova Scotia, prior to any
lawsuit. The Parties consent to jurisdiction in the Province of Nova Scotia in the event of a
lawsuit.
14. CONFIDENTIALITY. The Parties agree to treat as confidential any and all
Confidential Information obtained from each other and to that end further agree that information
disclosed pursuant to this Agreement relating to the Quick Pole software, including efforts to
commercialize the Quick Pole software, shall be deemed Confidential Information.
Notwithstanding the foregoing, confidential information may be disclosed to the extent required
by any law or regulation of any governmental authority having jurisdiction over any of the
Parties, with appropriate efforts made to maintain confidentiality. Both Parties shall maintain
Confidential Information in confidence as set forth herein, for a period of five (5) years beyond
termination or expiration of this Agreement. Upon request from either Party, the confidentiality
of specific Confidential Information may be maintained for a longer time as the Parties may
subsequently agree. There are no obligations of confidentiality as to specific information (a)
which is publicly known at the time of disclosure under this Agreement or becomes publicly
known at any time other than through disclosure by the recipient of the information; (b) which is
demonstrably known to the recipient of the information prior to its receipt from the disclosure;
(c) which is disclosed to the recipient by a third party not under an obligation of confidentiality
and independently of the studies contemplated by this Agreement; or (d) for which disclosure has
been approved by the mutual written consent of the Parties; or (e) independently developed
without access to Confidential Information from the discloser.
15. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
16. This Agreement sets forth the entire agreement between Licensee and Licensor
pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements,
memoranda or letters of proposal or intent, discussions and understandings of Licensee and
Licensor. All discussions between Licensee and Licensor have merged into this Agreement, and
neither party shall be bound by any definition, condition, understanding, representation,
warranty, covenant or provision other than as expressly stated in or contemplated by this
Agreement or as subsequently shall be set forth in writing and executed by a duly authorized
representative of Licensee and Licensor to be bound thereby. No amendment or modification of
this Agreement shall be valid or binding upon Licensee and Licensor, unless agreed upon by
both parties, made in writing, and signed on behalf of each of Licensee and Licensor by their
duly and legally authorized representative officers.