Terms of Service – Canada

Terminology

Pen-Link Software

Pen-Link Software is software developed and manufactured by Penlink Canada, Inc.

Pen-Link Customer (also “Customer”)

A Pen-Link Customer, or Customer, is any agency or other entity that has one or more current, valid Licenses for Pen-Link Software purchased from or through Penlink Canada, Inc.

Basic Technical Support Package

Entitles our customers to normal business hours telephone support at Penlink Canada, Inc.’s published number and/or assistance via e-mail.

Standard Maintenance and Support

Standard Maintenance is a Maintenance option that includes Software Updates, Software Upgrades, and Basic Technical Support as defined herein.

Premium Maintenance and Support

Premium Maintenance is a Maintenance option that includes Software Updates, Software Upgrades, and Premium Technical Support as defined herein.

Software Update

A Software Update is an enhancement including additions, changes, and bug fixes to Pen-Link Software that is already in the applicable commercial market. Software Updates occur within the same major version number of an existing software product. For example, replacing Pen-Link v8.1.29.0 with Pen-Link v8.1.30.0 would constitute a Software Update. Such an update is often referred to as a New Build of the Pen-Link Software.

Software Upgrade

A Software Upgrade is the replacement of an older major version of an existing Pen-Link Software product or products, with a newer major version of a Pen-Link Software product or products, to the extent required to maintain the same operational functionality that was supported by the Pen-Link Software prior to the upgrade. For example, upgrading from Pen-Link Version 7 to Pen-Link Version 8 (where 8 is the newer major version) would constitute a Software Upgrade, so long as the installation of the newer version of the Pen-Link Software supported at least the same operational functionality that the Customer had under Pen-Link version 7. Upgrades do not apply to new software products that Penlink Canada, Inc. may release to the commercial market from time to time in the future.

Basic Technical Support (also “Basic Support”)

Basic Technical Support is a Support option that includes telephone-based Technical Support for the Pen-Link Software licensed by the Customer. Basic Technical Support also includes assistance via email or other automated processes such that Penlink Canada, Inc. may deem fit to offer. Basic Technical Support may be obtained by contacting Penlink Canada, Inc. via its published, main telephone number (currently 402-421-8857), its general support email account ([email protected]), or its World Wide Web site (www.penlink.com). Basic Technical Support is available Monday through Friday, from 8:00 AM to 5:00 PM Central time, except for holidays.

Premium Technical Support (also “Premium Support”)

Premium Technical Support is a Support option that includes all of the support services offered with Basic Technical Support (Section 1.8), plus Emergency After-Hours support for live communication interception and collection operations. Emergency After-Hours support services may be accessed through methods, including telephone access, that are provided to the customer at the time of purchase. Emergency After-Hours support services are available Monday through Friday, from 5:01 PM – 7:59 AM Central time and all-day Saturday & Sunday, including holidays.

Maintenance and Support Agreement (“Agreement”)

This Maintenance and Support Agreement is the Agreement between Penlink Canada, Inc. and the Customer regarding the terms and conditions under which the Maintenance and Support Services described in this document are purchased and provided.

Software Maintenance

Maintenance is an optional service offered by Penlink Canada, Inc. to augment a purchase of Pen-Link Software. Maintenance may be purchased by a Pen-Link Customer along with, or subsequent to, the purchase of Pen-Link Software.

Technical Support (“Support”)

Technical Support is an optional service offered by Penlink Canada, Inc. to support a Customer in the authorized use of licensed Pen-Link Software…

Terms and Conditions

Maintenance and Support Agreements are options made available by Penlink Canada, Inc. for a Customer to purchase…

Warranty and Liability Disclaimer

Penlink Canada, Inc. warrants that the Maintenance and Support services provided to the Customer under this Agreement shall be performed with due care…

Miscellaneous

This Agreement constitutes the entire Agreement between the Customer and Penlink Canada, Inc. related to the subject matter hereof…

1. Proprietary and Confidential Information

Nothing in this Proposal shall be deemed to grant to the Customer and/or End User any rights in patents, copyrights, proprietary information and trade secrets in the hardware, licensed software, documentation and services (collectively, the Deliverables). Customer and/or the End User shall retain and shall not remove or destroy any copyright, trademark, logos or other intellectual property rights legends or notices placed or contained in the Deliverables.

The Terms of this Proposal are confidential and may only be disclosed on a need-to-know basis, and in any event, may not be disclosed to any third party…

2. Product and Software Licenses

The Deliverables, including the licensed software and the documentation, are owned by Penlink Canada, Inc. and/or its affiliates and/or its suppliers and are protected by patent, trade secrets, trademarks, and copyright laws…

Restrictions On Use: Neither the Customer nor the End Users shall, without Penlink Canada, Inc.’s prior written permission…

3. Taxes

The prices in this Proposal do not include any customs, duties, value-added tax, or any other assessments which may be levied by the relevant authorities…

4. Limitation of Liability

PENLINK CANADA, INC. makes, and Customer and End User receive, no warranties or conditions of any kind, express, implied or statutory…

5. Operation – Product and Software

Use of the Deliverables shall be in accordance with applicable laws and shall be the exclusive province and responsibility of Customer and the End Users…

6. Permits

It should be the exclusive responsibility of the Customer to obtain any and all applicable permits, including but not limited to, marketing and export permits…

7. Data Access and Privacy Policy

Customers and End Users may choose to allow the Deliverables to automatically retrieve data from your system(s) or third-party systems…

Restrictions on use: Neither the Customer nor the End Users shall, without Penlink Canada, Inc.’s written permission…

8. Product and Software Licenses

The licensed software and the documentation are owned by Penlink Canada, Inc. and/or its affiliates and/or its suppliers and are protected by patent, trade secrets, trademarks, and copyright laws…

9. Indemnity

Customer and End User agree to defend, indemnify and hold harmless PENLINK CANADA, INC. from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses…

10. Miscellaneous

Notice and Modifications: Penlink Canada, Inc. may provide Customer and End Users with notices, including those regarding changes to Penlink Canada, Inc. terms and conditions…

Waiver: The failure of Penlink Canada, Inc. to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision…

11. Governing Law; Venue; Waiver of Jury Trial

This Agreement and any dispute of any sort that might arise between the Parties shall be governed by the laws of the Province of Ontario…

Terms of Service

Last updated on: September 26, 2022

By installing or using GeoTime® software (“Software”) of PENLINK CANADA, PENLINK CANADA INC. (“PENLINK CANADA”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”)…

You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement and PENLINK CANADA’s Privacy Policy before you may become a Software user…

1. Software License Terms

PENLINK CANADA INC. (PENLINK CANADA) has proprietary rights in GeoTime Desktop, GeoTime Offline Map Pack, GeoTime Glimpse, GeoTime Glimpse Offline…

Use of Software License: PENLINK CANADA grants you limited rights to use the Software solely for your internal business purposes…

2. License Activation

The person installing or using the Software will be the contracting party (“Licensee”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account…

If you are installing or using the Software on behalf of your employer, your employer shall be the Licensee…

3. General Conditions

Technical support is only provided to active Licensees on a fee-for-service basis…

You acknowledge and agree that PENLINK CANADA may amend these Terms of Service at any time…

4. Publications and Promotion

All materials which contain content created with PENLINK CANADA GeoTime®, such as screenshots and videos, must include the following acknowledgement…

5. Customer Responsibilities

You acknowledge that use is not intended for use with protected health information (PHI) under HIPAA, credit card numbers, financial account numbers…

6. Software Rights

We reserve the right to modify the Software for any reason, without notice at any time…

In the event of a dispute regarding Account ownership, we reserve the right to request documentation…

7. Limitation of Liability

You expressly understand and agree that PENLINK CANADA shall in no event be liable to you or to any other person or entity for any direct, indirect, economic…

8. Waiver and Complete Agreement

The failure of PENLINK CANADA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision…

9. Intellectual Property and Customer Content

We will not disclose your confidential information to third parties, except as required in the course of providing our services…

10. Orders, Fees, and Delivery

Prices are in U.S. Dollars and are subject to change without notice unless otherwise stipulated in the quote…

All software and licenses are fulfilled via electronic download…

11. Cancellation and Termination

You may cancel your License at any time by emailing [email protected]…

Upon termination of the Services by either party for any reason…

12. Modifications to the Service and Prices

Prices for the Software are subject to change upon 30 days’ notice from PENLINK CANADA…

PENLINK CANADA reserves the right to modify or discontinue the Service…