User Agreement 2018-12-16T19:12:33-05:00

USER SOFTWARE LICENSE AGREEMENT


THIS IS A LICENSE AGREEMENT (“AGREEMENT”) BETWEEN Staffing+ CORP., (“Staffing+”) AND THE INDIVIDUAL USER (“USER”). THIS AGREEMENT PROVIDES THE USER THE RIGHT TO USE THE SCHEDULING DATABASE (THE “DATABASE”), ALSO KNOWN AS “Staffing+”, AND OTHER CONTENT AND UPDATES THERETO MADE AVAILABLE BY Staffing+ (COLLECTIVELY, THE “CONTENT”), AS WELL AS WEB-BASED OR MACHINE EXECUTABLE, NAVIGATIONAL SOFTWARE AND RELATED DOCUMENTATION AND UPDATES THERETO MADE AVAILABLE BY Staffing+. THE CONTENT AND SOFTWARE ARE REFERRED TO COLLECTIVELY AS THE “Staffing+ INFORMATION.” LICENSOR IS WILLING TO GRANT LICENSEE THE FOLLOWING LICENSE (THE “LICENSE”) TO USE THE Staffing+ INFORMATION ACCORDING TO THIS AGREEMENT, ONLY ON THE CONDITION THAT USER ACCEPTS ALL TERMS IN THIS AGREEMENT. IF USER DOES NOT AGREE TO ANY OF THE TERMS BELOW, Staffing+ IS UNWILLING TO LICENSE THE Staffing+ INFORMATION TO USER.

  1. LICENSE. Staffing+ grants User a non-exclusive, non-transferable license to (a) register, access and use the Staffing+ Scheduling Database via the Internet; and (b) solely to access the Content on the Staffing+ website, except as authorized on a case-by-case basis.
  2. RESTRICTIONS. User may not use, copy, modify, or transfer the Staffing+ INFORMATION, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, recompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing. Any attempt to transfer any of the rights, duties or obligations hereunder is void. User may not rent, lease, loan, resell for profit, or distribute the Staffing+ INFORMATION, Software or any part thereof.
  3. OWNERSHIP. The Staffing+ System is the property of Staffing+ CORP. or its licensor(s) and is protected by copyright and other intellectual property laws. The Staffing+ Scheduler is licensed, not sold to User for use only under the terms of this Agreement, and Staffing+ reserves all rights not expressly granted to User.
  4. TERM; TERMINATION. This agreement shall terminate immediately without notice to User if User breaches any term or condition of this Agreement. Staffing+ reserves the right to terminate this Agreement, or any of its services and/or product offerings at any time and for any reason upon 90 days written notice to the User. Upon termination, the license granted herein shall immediately cease, and User shall terminate all access to the Staffing+ scheduler.
  5. THIRD-PARTY SOURCES. Staffing+ acknowledges that the Staffing+ database may incorporate portions of SQL Server version 2008, a Microsoft product that provides database structuring and customisation. SQL is derived from source code developed and made available by Microsoft. Pursuant to the Microsoft SQL license agreement, which is based on the Microsoft Public License (a copy of which is incorporated in the Software source code), Staffing+ has the right to distribute the original user access. The Internet connectivity and browsing functionality for the site are the User’s responsibility and subject to User obtaining an Internet connection through any third party provider as well as obtaining a licensed copy of:
    Verified Browsers

    • Firefox 14.x or above
    • Internet Explorer 9.x or above
    • Google Chrome 22.x or above
    • Safari 5.x or above

    Further, (a) the terms of this Agreement are in no way intended to alter or restrict User’s license and other rights under either the Microsoft agreement or the Internet Explorer Public License; (b) any terms which differ from such agreements are offered solely by Staffing+ alone, and not by SQL, Microsoft/Internet Explorer or other contributor; and (c) Staffing+ expressly agrees to defend and hold such parties harmless from any liability incurred by such parties as a result of such differing terms.

  6. DATABASE MAINTAINED BY Staffing+. User acknowledges and agrees that (a) Staffing+ may, from time to time, elect to update various parts of the Database or the user interface, but Staffing+ does not warrant or guarantee that any aspects of the Software will be updated at any time during the term of this Agreement;
    (b) Staffing+ does not assume, and expressly disclaims, any obligation to obtain and include any information in the Database;
    (c) Staffing+ is not advocating the use of any product advertised in the Database (or elsewhere), nor is Staffing+ responsible for misuse of a product due to typographical or other errors in the database, User negligence or otherwise;
    (d) User agrees to guarantee to seek additional source of information pertinent to his/her schedule in case of Staffing+ malfunction for any reason; and
    (e) User acknowledges the possibility of human error or various Internet or Software failures. In such circumstances User should confirm information in the Database/Scheduler through independent sources. User agrees and acknowledges that User is at all times personally responsible and accountable for attending scheduled shifts or other duties;
  7. WARRANTIES; DISCLAIMER.
    1. Software Warranty. Staffing+ does not warrant that User’s use of the Software will be error-free or uninterrupted. Staffing+ will, at its own expense and as its sole obligation and User’s exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the Software reported to Staffing+ by User in writing during the term of this Agreement.
    2. Disclaimer. Because Internet based applications have limitations and susceptibility to temporary interruptions of services, Staffing+ recommends that User frequently copies or backs up information stored in the Staffing+ system, including but not limited to Master Schedule, Personal Schedule and Contact Information. The Staffing+ INFORMATION is provided to user “As Is.” Except as specifically set out in this Agreement or the Service Agreement, Staffing+ and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness or currency of the Staffing+ INFORMATION provided hereunder; and expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability and fitness for a particular purpose.
  8. LIMITATION OF LIABILITY. Neither Staffing+ nor its affiliates, agents or licensors shall be liable under any claim, demand or action arising out of or relating to User’s use of the Staffing+ INFORMATION/ Scheduler, nor Staffing+’s performance of (or failure to perform) any obligation under this Agreement, nor for direct, special, incidental or consequential damages, including, without limitation, damages due to lost profits or business interruption, or other damages caused by the inability to use the Staffing+ INFORMATION/Scheduler, even if Staffing+, its affiliates, agents or licensors have been advised of the possibility of such loss or damages and whether or not such loss or damages is/are foreseeable, except for direct damages arising from its breach of this agreement or negligence.
  9. PRIVACY. Please refer to Staffing+’s privacy policy on the login page.
  10. WAIVER. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  11. ASSIGNMENT. Neither this Agreement nor any rights or obligations of User hereunder may be assigned by User in whole or in part without the prior written approval of Staffing+. Any assignment in derogation of the foregoing shall be null and void.
  12. SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
  13. COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between Staffing+ and User which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives.
  14. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada.
  15. This agreement shall enure to the benefit of and be binding on the parties hereto and their respective heirs, legal personal representatives, successors and assigns.

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