TERMS AND CONDITIONS OF USE AND SALE
Last Updated Jan. 28, 2026

These Terms and Conditions (“Terms”) govern the installation, access, use, and reference of all products, software, services, documentation, and related materials provided by Connectiware Systems Inc. (“Connectiware”).

1. ACCEPTANCE OF TERMS
BY INSTALLING, ACCESSING, USING, OR OTHERWISE REFERENCING ANY PRODUCT, SOFTWARE, SERVICE, OR DOCUMENTATION PROVIDED BY CONNECTIWARE (COLLECTIVELY, THE “OFFERINGS”), THE USER OR CUSTOMER (“USER”) ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
IF THE USER DOES NOT AGREE TO THESE TERMS, THEY MUST NOT INSTALL, ACCESS, OR USE THE OFFERINGS.
These Terms apply to all quotations, invoices, documentation, downloads, licenses, subscriptions, updates, and related services unless expressly agreed otherwise in writing by an authorized officer of Connectiware.

2. DISCLAIMER OF HIGH-RISK USE
THE OFFERINGS ARE NOT DESIGNED, TESTED, OR INTENDED FOR USE IN LIFE SAFETY, MEDICAL, OR OTHER HIGH-RISK OR MISSION-CRITICAL APPLICATIONS.
Such applications include, but are not limited to: nuclear facilities, aircraft navigation or communication systems, life support systems, medical devices, emergency response systems, or any environment where failure could reasonably be expected to result in death, personal injury, or severe property or environmental damage.
Any use of the Offerings in such environments is undertaken entirely at the User’s sole risk, and Connectiware expressly disclaims any and all liability arising from such use.

3. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
CONNECTIWARE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR AVAILABILITY.
Connectiware does not warrant that the Offerings will be uninterrupted, error-free, secure, or free from defects, nor that any defects will be corrected.

4. DOCUMENTATION AND INFORMATION DISCLAIMER
While commercially reasonable efforts are made to ensure the accuracy of documentation and informational materials, Connectiware does not warrant that such information is error-free, complete, current, or suitable for any particular purpose.
Any reliance on documentation, configuration examples, guidance, or informational content is at the User’s own risk and subject to the limitations of liability set forth herein.

5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONNECTIWARE, ITS AFFILIATES, INTEGRATORS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH THE OFFERINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CONNECTIWARE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE OFFERINGS SHALL NOT EXCEED THE GREATER OF:
(i) THE AMOUNT ACTUALLY PAID BY THE USER TO CONNECTIWARE FOR THE SPECIFIC OFFERING GIVING RISE TO THE CLAIM; OR
(ii) $1,000.00 CAD
THIS LIABILITY CAP APPLIES IN THE AGGREGATE AND NOT PER INCIDENT, AND APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

7. INDEMNIFICATION
The User agrees to defend, indemnify, and hold harmless Connectiware, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
(i)The User’s use or misuse of the Offerings;
(ii)Any violation of these Terms;
(iii)Any unauthorized modification, integration, or alteration of the Offerings by the User or a third party; or
(iv)The User’s violation of any applicable law or regulation.

8. INTELLECTUAL PROPERTY
All intellectual property rights in and to the Offerings, including but not limited to software, firmware, documentation, designs, trademarks, trade secrets, and know-how, are and shall remain the exclusive property of Connectiware or its licensors.
No portion of the Offerings may be copied, reproduced, reverse engineered, decompiled, disassembled, or distributed without prior written authorization from Connectiware, except as expressly permitted by applicable law.

9. EXPORT CONTROLS AND SANCTIONS COMPLIANCE
The Offerings may be subject to Canadian, United States, and international export control laws and economic sanctions.
The User agrees to comply with all applicable export and import laws and represents that they are not located in, under the control of, or a national or resident of any country or entity subject to applicable trade sanctions or embargoes.
The User shall not export, re-export, or transfer the Offerings in violation of such laws.

10. FORCE MAJEURE
Connectiware shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, civil disturbances, governmental actions, utility or telecommunications failures, supply chain disruptions, internet or cloud service outages, or failures of third-party service providers.
Performance obligations affected by such events shall be suspended for the duration of the force majeure event.

11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The parties agree that any legal action or proceeding arising out of or relating to these Terms or the Offerings shall be brought exclusively in the courts located in Vancouver, British Columbia, Canada.
The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

12. SEVERABILITYIf any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

13. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties with respect to the Offerings and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
In the event of a conflict between these Terms and any purchase order or customer-provided document, these Terms shall govern unless expressly agreed otherwise in writing by an authorized officer of Connectiware.

14. SURVIVAL
The provisions relating to limitation of liability, liability cap, disclaimer of warranties, indemnification, intellectual property, governing law and jurisdiction, export controls, and any provisions which by their nature should survive, shall survive any termination, expiration, or cessation of use of the Offerings.

15. FEEDBACK
Any feedback, suggestions, or recommendations provided by the User regarding the Offerings may be used by Connectiware for any purpose without obligation, compensation, or restriction.

16. NO PROFESSIONAL ADVICE
The Offerings are provided for informational and operational purposes only and do not constitute legal, medical, safety, financial, or other professional advice. The User is solely responsible for evaluating the suitability of the Offerings for their intended use.