PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF USE CONTAIN RESTRICTIONS ON SOFTWARE USE AND LIMITATIONS OF LIABILITY AND INDEMNITIES.

Welcome to our website. These terms of use are a legal agreement between SES Inc. (“SES”, “we”, “our”, “us”, or “Provider”) and you, as the company or other person or entity (“Customer”, “you”, or “You”) using, viewing or otherwise accessing SES’s Software and Services. By accessing or using our software and services, you agree to comply with and be bound by the following terms and conditions.

Please read all the Terms before indicating acceptance. By making use of our Software and Services, you accept these Terms without change. If you do not accept them, you are not authorized to use the Services or the Software. You are bound by these Terms even if you do not read all of them.

A. Entire Agreement

These Terms together with any applicable SES Software Master Subscription Agreement, Privacy Policy and any appendix, policies and guidelines on the SES website, including without limit and any other legal notices, policies and guidelines of SES linked to these Terms constitute the entire agreement between you and SES relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

B. License Grant of Software

We grant you a non-exclusive, non-transferable, and non-assignable license to use our software and related documentation (collectively, the “Licensed Materials”) for your internal business purposes only.

The license is subject to the restrictions outlined in these terms and is valid for the specified license period.

C. Restrictions on Use

• You may not sublicense, transfer, or assign the license to any third party without our prior written consent.
• Reverse engineering, decompiling, or disassembling the software is strictly prohibited.
• The software may not be used for commercial hosting, server-based access, or in conjunction with desktop virtualization technologies unless expressly permitted.
• You are responsible for ensuring that third parties do not use the Licensed Materials in violation of these terms.

D. Ownership and Intellectual Property

All rights, title, and ownership of the software, documentation, and any related intellectual property remain with us or our licensors.

You acknowledge that the software contains proprietary trade secrets and intellectual property, and you agree to protect it accordingly.

E. Limited Warranty

We provide a limited warranty for the security key, which will be replaced if defective or damaged, provided the damage was not caused by misuse or attempts to circumvent its operation.

The software is provided “as is,” and we make no warranties regarding its performance, reliability, or suitability for your specific needs. You assume all risks associated with its use.

F. Limitation of Liability

Our liability for any claims arising from the use of the software is limited to the amount you have paid for the software in the 12 months preceding the claim.

We are not liable for any indirect, incidental, consequential, or punitive damages, including lost profits or savings, arising from the use of the software.

G. Maintenance and Support

We offer maintenance and support services, including software updates, technical assistance, and error correction, subject to the terms outlined in our maintenance agreement.

Maintenance services are optional, and you may discontinue them at any time by providing prior written notice.

H. Confidentiality

Both parties agree to protect each other’s confidential information and use it only for the purposes outlined in these terms.

Confidential information includes business plans, customer data, and any information marked or identified as confidential.

The confidentiality obligations remain in effect for two years from the date of disclosure.

I. Data Protection

Each party is responsible for complying with applicable data protection laws and regulations regarding the handling and transfer of data across borders.

J. Term and Termination

This agreement is effective for the specified license period and will automatically renew unless either party provides written notice of non-renewal at least 60 days before the end of the term.

Either party may terminate the agreement if the other party breaches its terms and fails to remedy the breach within 10 business days of receiving notice.

Upon termination, you must cease using the software and return or destroy all copies of the Licensed Materials.

K. Export Compliance

You agree to comply with all applicable trade control regulations and export laws. The software may not be exported to countries subject to trade sanctions or embargoes.

L. Governing Law

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

M. Miscellaneous

This agreement constitutes the entire agreement between you and us regarding the use of the software and supersedes all prior agreements or understandings.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

We may assign our rights or obligations under this agreement, but you may not do so without our prior written consent.

Contact Information

If you have any questions about these terms and conditions, please contact us at the information provided on our website.