Please read this agreement before installing or using Time Tracker for Professionals (the "Software"). It is an agreement between you and Jeremy Hillier Consulting Inc ("we", "us"). By installing or using the Software you accept it. If you do not accept it, do not install or use the Software.
The main points
Please read these points before you install. The full terms below apply, and where they differ these points are only a summary.
The Software is a beta. It may contain errors that could damage or lose data, and it is provided "as is" (sections 2 and 6).
Your time entries, clients, projects and rates are stored only on your computer. We cannot see them and cannot recover them, so you keep backups (sections 4 and 5).
You are responsible for the time, rates, rounding and amounts you record and bill. Check every total before you rely on it (section 5).
Our liability is nil. Neither we nor Jeremy Hillier personally are liable for lost data, lost billable time or any other loss, and our total liability is CAD $0, whether or not you have paid (section 7).
Nothing in this agreement limits any consumer-protection right that cannot be waived or limited by agreement (section 7.4).
1. Your licence
1.1 Subject to this agreement, we grant you a non-exclusive, non-transferable, revocable licence to install and use the Software for your own personal use or for the internal business purposes of you or your business.
1.2 You may install the Software on computers that you own or control, and make copies of it for backup purposes.
1.3 This is a licence to use the Software, not a sale. We reserve all rights not expressly granted to you.
1.4 In this agreement "Software" includes the installer, the program files, the help text and any updates we provide, and "Your Data" means the time entries, clients, projects, rates, settings and any other information you enter into or import into the Software.
2. Beta versions
2.1 The Software is currently offered as a beta: an early version released for testing and feedback. A beta may contain errors, may change or remove features from one version to the next, and may be less reliable than a finished product. Keep backups of your data while you use it. A later beta may also need Your Data to be imported again, or may not be able to open a data file made by a different version.
2.2 Beta versions are free of charge. When the beta ends, later versions of the Software may require a paid licence. We will announce this on our download page before it happens. Ending the beta does not stop a version you have already installed from working, and your data remains yours.
2.3 If you would like others to try the Software, please send them to our download page rather than passing on the installer, so that each person receives the current version and this agreement.
2.4 If you send us feedback, suggestions or ideas about the Software, you allow us to use them freely, without payment or any other obligation to you.
3. What you may not do
You must not, and must not allow anyone else to:
- (a) sell, rent, lease, lend, sublicense, distribute or otherwise transfer the Software to anyone else, or provide it as a hosted or bureau service;
- (b) copy the Software except as allowed in section 1;
- (c) reverse engineer, decompile or disassemble the Software, except to the extent that applicable law expressly permits this despite this restriction;
- (d) modify the Software, or create works based on it;
- (e) remove or change any copyright, trademark or other notices in the Software; or
- (f) use the Software for any unlawful purpose.
4. Ownership and your data
4.1 The Software, and all copyright and other intellectual property rights in it, belong to Jeremy Hillier Consulting Inc or its licensors.
4.2 You own Your Data. We do not receive, collect or have access to Your Data (see the Privacy Note supplied with the Software). Because we hold no copy, we cannot recover it if it is lost.
5. Billing accuracy and backups
5.1 The Software is a tool to help you record time and prepare summaries. It does not provide accounting, tax, legal or professional advice.
5.2 You are solely responsible for the accuracy of the time you record, the rates you apply, the rounding rules you choose and every amount you invoice or report to a client or anyone else. Review all totals before you rely on them.
5.3 You are responsible for keeping backups of Your Data, for protecting the computer on which the Software and Your Data are stored, and for complying with any professional, contractual or record-keeping obligations that apply to you.
5.4 When you choose to export data, or to read data from another file or from an external accounting database, you are responsible for checking the result and for the files you choose.
5.5 Your data can be lost through a fault in the Software, a failure of your computer or storage, deleting or changing files, moving or synchronising folders, or any other cause. We are not responsible for that loss. The Software must not be the only copy of important information: keep up-to-date backups somewhere else.
6. No warranty
6.1 To the maximum extent permitted by law, the Software is provided "as is" and "as available", with all faults and without any warranty or condition of any kind, whether express, implied or statutory.
6.2 Without limiting section 6.1, we do not warrant that the Software will be error free, uninterrupted, secure, compatible with your systems, or that it will meet your requirements, and we disclaim all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title and non-infringement.
6.3 Some jurisdictions do not allow certain warranties to be excluded. In that case the exclusions apply only to the extent permitted by law.
6.4 As a beta, the Software may contain errors that cause data loss or other problems. You use it at your own risk, and you should keep up-to-date backups.
7. Limitation of liability
7.1 To the maximum extent permitted by law, neither Jeremy Hillier Consulting Inc, nor Jeremy Hillier personally, nor its owners, directors, officers, employees or contractors, will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, fees, billable time, business, goodwill or data, arising out of or related to the Software or this agreement, however caused, even if we were advised of the possibility of such damages.
7.2 The total liability of Jeremy Hillier Consulting Inc, of Jeremy Hillier personally, and of everyone acting for either of them, for all claims arising out of or related to the Software or this agreement is nil: zero Canadian dollars (CAD $0), whether or not you have paid for a licence and however the claim is made.
7.3 These limitations apply whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, and even if a remedy fails of its essential purpose.
7.4 Nothing in this agreement excludes or limits any right you have under consumer-protection law that cannot be waived or limited by agreement, or any liability that cannot be excluded or limited by law.
8. Updates and support
We may, but are not required to, provide updates, support or corrections. Updates are covered by this agreement unless they come with a different agreement, in which case that agreement applies to them.
9. Ending this agreement
9.1 This agreement continues until it is ended.
9.2 You may end it at any time by uninstalling the Software and destroying all copies in your possession.
9.3 It ends automatically, without notice, if you fail to comply with any of its terms.
9.4 When it ends you must stop using the Software and uninstall it. Your Data remains yours: uninstalling the Software does not delete your data folder.
9.5 Sections 3 to 7, 10 and 11 continue to apply after this agreement ends.
10. Governing law
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and we agree to the exclusive jurisdiction of the courts of the Province of Ontario.
11. General
11.1 This agreement, together with the Privacy Note, is the entire agreement between you and us about the Software and replaces any earlier understanding.
11.2 If any part of this agreement is found unenforceable, the rest remains in effect, and the unenforceable part will be applied to the greatest extent permitted.
11.3 Our failure to enforce any term is not a waiver of our right to enforce it later.
11.4 You may not assign this agreement. We may assign it to a successor of our business.
11.5 The parties have requested that this agreement be drawn up in English.
12. Contact
Jeremy Hillier Consulting Inc
Support and problem reports: support@hillierconsulting.ca
General questions and information requests: info@hillierconsulting.ca
Web: https://hillierconsulting.ca