XL Link Mapper© License Agreement and Purchase Conditions – Version 1.0 

 

XL Link Mapper Subscriber Agreement  

 

Notwithstanding the translation of this Agreement into a language other than English, the English language version of this Agreement shall always be controlling and the sole basis for interpretation of the terms herein. 

Olympia Sol4 Inc software is not sold; rather, copies of Olympia Sol4 Inc software are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH OLYMPIA SOL4 INC THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE SOFTWARE, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU.  

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE SUBSCRIPTION ISSUED TO YOU OR YOUR ORGANIZATION. BY DOWNLOADING THE SOFTWARE OR USING IT OR PURCHASING A LICENSE (SUBSCRIPTION), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE, DO NOT PURCHASE A LICENSE (SUBSCRIPTION) OR CANCEL YOUR SUBSCRIPTION AT RENEWAL TIME – NO REFUND WILL BE ISSUED. IF YOU HAVE PROBLEMS UNDERSTANDING THIS AGREEMENT, E-MAIL US AT info@olympiasol4.com 

This Olympia Sol4 Inc (OS4) Subscriber Agreement (the « Agreement ») between OLYMPIA SOL4 INC and the User or Subscriber (“You”) is effective as of the date of the license/subscription purchase (the « Effective Date »). This Agreement also applies to the Demo/Trial version of the Software as soon as it is installed on a computer. 

“Olympia Sol4 Inc” (OS4) is the entity with which the Subscriber places an order to procure the Software License (subscription). 

If you are a Procuring Party and are acting as the authorized representative of a Subscriber in applying for, or reselling a Subscription, you represent and warrant to OS4 and Relying Parties that you have obtained the authority of the Subscriber to enter into this Agreement on behalf of the Subscriber and that you shall comply with and procure Subscriber’s compliance with this Agreement. 

If Subscriber procures the Software License through a Procuring Party, then Subscriber hereby represents and warrants that Subscriber has authorized such Procuring Party to act on Subscriber’s behalf for the Software, including but not limited to the application, acceptance, operation, renewal, and revocation of Subscriber’s License. By authorizing a Procuring Party to provide or resell the Software License to Subscriber, Subscriber hereby confirms its acceptance of this Agreement as it relates to Subscriber’s use of the Software. If Subscriber does not agree to the terms of this Agreement, then Subscriber may not purchase or use the Software. 

If the User of the Software and Subscriber are two separate entities and the User is a natural or legal person, Subscriber shall ensure that the User ratifies the requirements of this Agreement applicable to User. 

 

Preamble – Ownership 

The object code version of the Software component, including any revisions, corrections, modifications, enhancements, updates and/or upgrades thereto about to be installed by you (hereinafter in whole or any part thereof defined as: « Software »), and the related services, websites, web services, materials and documents pertaining to the Software which may include, without limitation, user guides, manuals, and any other written material provided by Olympia Sol4 Inc (the « Documentation »), ARE NOT FOR SALE and are and shall remain Olympia Sol4 Inc’s sole property. All intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software, in the form of object code only, and the Documentation (collectively the  »Licensed Product »), are and shall be owned solely by Olympia Sol4 Inc.  

This License Agreement does not convey to you an interest in or to the Licensed Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. Nothing in this License Agreement constitutes a waiver of Olympia Sol4 Inc’s intellectual property rights under any law, and all rights not granted to you herein are expressly reserved by Olympia Sol4 Inc. The Licensed Product is protected by law, including but not limited to the copyright laws of Canada and other countries, and by international treaty provisions. 

 

1.0 Definitions 

The current versions of the Agreement documents are located at: 

https://www.xllinkmapper.com/en/terms/ 

https://www.xllinkmapper.com/fr/terms/ 

 

The following definitions are used in this Agreement. Any terms used but not defined herein shall have the meaning ascribed to them in the commonly recognized Industry Standards in Canada. 

Affiliate: A corporation, partnership, joint venture, or other entity controlling, controlled by, or under common control with another entity, or an agency, department, political subdivision, or any entity operating under the direct control of a Government Entity. 

Back-End, or Back-End System: A web-hosted part of the Software created and operated to provide services to the users and enable Software functionality and license control. 

Corporate License or Subscription: A subscription purchased by a corporation directly with Olympia Sol4 Inc or an authorized reseller, outside the general distribution platform (Microsoft Store). This type of License will come with specific, customized amendments to the Agreement. For all other considerations in the Agreement that are not updated within a specific Corporate License, the Agreement terms apply in full. 

Demo/Trial Mode: The original state of the software when first downloaded and installed via the Software’s install program provided by OS4. This mode allows the users to evaluate the functionality – up to ten (10) identified files in the Analyze stage, and up to three (3) remapped files in the Mapping stage; after which, the software will only allow to run folder scans (Analyze stage) and will stop after the tenth detected file, without allowing any further re-mapping. 

Digital Signature: To encode a message by using an asymmetric cryptosystem and a hash function such that a person having the initial message and the signer’s Public Key can accurately determine whether the transformation was created using the Private Key that corresponds to the signer’s Public Key and whether the initial message has been altered since the transformation was made. 

Domain Name: The label assigned to a node in the Domain Name System. 

Individual License or Subscription: A License purchased by an individual or a corporation for individual use. 

Legal Entity: An association, corporation, partnership, proprietorship, trust, government entity or other entity with legal standing in a country’s legal system. 

License: The purchased right to use the Software, in the form of a subscription plan or other type of licensing model that may be available for the Software at purchase time. Within the context of this Agreement, this term is a synonym of Subscription and both terms may be used jointly or separately. 

License Agreement: Refers to this document. Also referred to as “the Agreement”. 

Licensed User: The natural person or Legal Entity that purchases (or seeks renewal of) a paid license of the Software. Once the license issues, the Licensed User is also interchangeably referred to as the Subscriber. 

 

OS4: An abbreviated form for the name of the creator and publisher of the Software: Olympia Sol4 Inc. 

 

Payment Platform: A third-party corporation contracted to provide a secure payment platform and related services, such as but not limited to invoicing, renewal notifications and user portal. 

 

Permanent Information: Data or pieces of information that is necessary to operate the Software or for accounting or legal purposes. It is kept on file on a permanent basis, i.e. for the duration of the subscription and beyond as prescribed by the Canadian law and fiscal or accounting rules. This data differs from “work data”, the latter being created, updated and/or deleted in the process the Software’s functionalities. 

 

Procuring Party: A legal entity or business authorized by OS4 to resell or provide the Software to the Subscriber. 

 

Subscriber: A natural person or Legal Entity to whom a license or subscription of the Software is issued and who is legally bound by a Subscriber Agreement or Terms of Use. 

 

Subscription: The purchased right to use the Software, in the form of a subscription plan or other type of licensing model that may be available for the Software at purchase time. Within the context of this Agreement, this term is a synonym of License and both terms may be used jointly or separately. 

 

Suspect Code: Code that contains malicious functionality or serious vulnerabilities, including spyware, malware and other code that installs without the user’s consent and/or resists its own removal or detection, and code that can be exploited in ways not intended by its designers to compromise the trustworthiness of the platforms on which it executes. 

 

Terms of Use: Provisions regarding the purchase and acceptable uses of a piece of software in Canada. 

 

User: The natural person or Legal Entity that installs or uses the Software, whether within the context of a purchased subscription or not (Demo/Trial mode). 

 

 

2.0 Purchase Conditions and Client Information 

By purchasing a License of the Software or by installing or using the Demo/Test version of the Software, the client accepts the terms and conditions that apply to the Software License and its use in executable form only. Should these conditions vary in the future, OS4 will communicate the updated version to its identified active Subscribers so they can decide if the updated terms still fit their requirements.  

 

2.1 Object of the purchase: 

The Software is not sold; the Subscriber does not purchase the Software. Instead, the Subscriber purchases the right to install and use a copy of the Software within the Terms of Use described in the Agreement, and for the duration of the purchased subscription. 

Future updates to the Software will mostly be free of charge, except if a major version is created, which active Subscribers will be notified of. Free updates are covered in the purchase of a subscription, for the users to download and install.  

 

2.2 All sales are final: 

The Software is provided with a Demo/Trial mode that allows the User to evaluate its functionality, performance and usability, with a limited number of processed files. After the demo allowance has been reached, the User must purchase a subscription to continue using the Software.  

Before purchasing a license, the User can contact OS4 with any question, either via the Software itself or the dedicated Software’s website. 

After purchasing a License, the Software can readily be used for its intended purpose by the Subscriber. OS4 has no means to detect if the User has actually been using the Software or not. 

Therefore, any sale of a Software subscription is final, including renewals, and no refund request shall be accepted. This important aspect of the purchase is reminded to the user before they proceed with purchasing a license. 

 

2.3 Subscription Cancellation: 

All subscription purchases feature automatic renewal at the end of the subscription period. 

All subscription cancellations will take effect at the end of the current subscription. 

The Subscriber may cancel their subscription at any time by resetting the auto-renewal state to “off” within the Software (“Profile” window) and saving this setting. Their subscription will then simply expire and will not be renewed. 

In cases where the User does not have access to cancelling the automatic renewal, they should contact OS4 via the Software’s website or by email at info@olympiasol4.com. 

 

2.4 Client’s Private Information: 

OS4 keeps all Permanent Information in secured, encrypted databases and files, locally on the Subscriber’s computers and in the Software’s Back-End System. Only information strictly required to operate our platform is kept on file. 

No confidential information is necessary for OS4 to operate the whole architecture around the software, except for the following, for user identification and subscription management purposes: 

• Subscriber’s name 

• Subscriber’s email address 

OS4 does not share or sell any of its clients’ information. 

OS4 does not keep any payment information or user location on file. All private or confidential data required to process payments is managed by our Payment Platform partner, who is recognized for its expertise in banking transactions. 

Upon the Subscriber’s requests, OS4 will delete or anonymize the Subscriber’s information on file. This may cause the Software to become unusable, either immediately or at Subscription renewal time, or the Software may turn back into Demo/Trial mode, with all applicable limitations. No renewal will then be possible, and no purchase restoration can be performed any longer. 

 

3.0 Authority to Use the Software 

3.1 Grant of Authority for Licensed Users (Subscribers): 

From the Effective Date and for the term set forth within the validity period of any purchased subscription period (“Valid from” date to “Valid to” date), OS4 Inc hereby grants to the Subscriber the authority to use the Software on their computer equipment within the context of its advertised purpose. 

Individual License: The purchase of a Subscription of the software grants to the Subscriber the right to two (2) distinct installs, either on the same computer (at separate times) or for concurrent use on two (2) distinct computers. 

Corporate License: The purchase of a Subscription grants the Subscriber the rights described in the current Agreement except for the superseding amendments in their specific License Agreement Amendment. 

The Subscriber agrees to reasonably communicate the terms and conditions of this License Agreement to those persons, whether they are employed by the Subscriber or not, who come into contact with the Licensed Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Licensed Product for the purpose of deriving the source code of the Software or for fraudulent activities. 

The user will be able to use the Software an unlimited number of times during the Subscription period, and to process an unlimited number of files during that time, under the limitations described in the next section. 

 

3.2 Limitations on Authority:  

The Subscriber shall use the Software only in connection with properly licensed subscriptions or, if no subscription was purchased, in respect of the Demo/Trial mode limitations. 

In all cases (whether in Demo/Trial mode or under a subscription) any attempt to modify, decompile, disassemble, reverse-engineer or hack all or parts of the Software or its communications with the Software’s Back-End or Payment Platform in any way, is strictly forbidden and will lead to lawsuits. 

The Subscriber, except formally accepted in writing by an OS4 amendment, agrees NOT to:  

1. use, copy, modify, merge, sub-license, or transfer the Software or any other of OS4’s products, in whole or in part, except as expressly authorized in this License Agreement and in the Documentation,  

1. (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this License with/to anyone else,  

1. (iii) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code,  

1. (iv) place the Licensed Software, or any portion thereof, onto a server so that it is accessible via a public network, and  

1. (v) use any back-up or archival copies of the Licensed Product (or allow someone else to use such copies) for any purpose other that to replace an original copy if it is destroyed or becomes defective. If you are a member of the European Union, this License Agreement does not affect your rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs. 

The Subscriber of a corporate license shall ensure that the Software is not distributed or used outside the Domain(s) specified in their Corporate Subscription terms. 

The Subscriber shall not attempt to make a copy of the Software and its locally installed information and install this copy in violation of the granted utilization right limitations. Such attempts will lead to lawsuits. 

The Subscriber shall not attempt to temper with OS4’s digital signature of the Software. 

Under no circumstances must the Software be used for criminal activities such as data theft, fraud, malware. The Subscriber should not use the Software to knowingly deploy or work with Suspect Code or otherwise distribute content that has the effect of misleading, inconveniencing or annoying the recipient such as software that includes unwelcome features or programs not disclosed appropriately to the user prior to processing their data, or is recognized as unwelcome or suspicious by commercial anti-virus scanning applications. 

 

3.3 Revocation of Authority:  

OS4 reserves the right to unilaterally revoke a subscription, with or without compensation, with or without advance notice, for any reason that OS4 will deem justifiable. 

This may include but is not limited to cases when: 

• The Subscriber violates the terms or the Agreement. 

• The Subscriber shows aggressive or abusive language or behavior towards OS4 or the OS4 staff. 

• The Subscriber did not provide OS4 or its Payment Platform partner with accurate, complete, and truthful information when registering or purchasing a Software license. 

• The Subscriber acquired a License fraudulently. 

 

4.0 Services Provided by Olympia Sol4 Inc 

4.1 Description of the additional services 

After acceptance of this Agreement and payment of applicable fees, in addition to the “Grant of Authority,” OS4 or a third-party provider designated by OS4 shall provide the following services from the time of issuance until the subscription expires: 

• Ability for the Subscriber to report suggestions or problems. 

• Ability for the Subscriber to consult the Subscriber’s invoice history. 

• Ability for the Subscriber to restore a valid (non-expired) subscription on a newly installed version of the Software, within the limits of the installation count granted by the Subscriber’s license. 

• Ability for the Subscriber to cancel the automatic renewal of their subscription. 

• Ability for the Subscriber to access their portal on our Payment Platform partner’s website, to update their payment methods and other functionalities. 

Note: These services are mainly related to the management of the Users subscription, and within the course of an active subscription, these services are not required to run the Software’s main functionality.  

 

4.2 Conditions of the OS4 services 

The services described above are offered by OS4 with the Software Subscription, are included in the license price, and will be provided on a reasonable best-effort basis. 

Although OS4 will run these services to the best of its abilities, based on reasonable effort, and with the best possible quality in the interest of its clients, these services shall in no way be interpreted as being subject to guaranteed service level, availability rate or uptime percentage. 

 

4.3 OS4 Liability 

OS4 shall not be liable for any loss of revenue or damages incurred by its clients due to the unavailability of services described in Section 4.2 at a given moment or period. 

OS4 shall not be liable for the unavailability or any other problem related to the services covered by its Payment Platform partner. 

OS4 shall not be liable for other reasons out of its control, such as but not limited to the lack or slowness of Internet connectivity. 

The Software provides functionality for file updates in batches. On several occasions while using the Software, the User is reminded that performing file backups prior to mass updates is a best practice. Backups are strongly recommended, as no software can be 100% guaranteed as being bug-free. OS4 shall not be liable for User’s operating the Software without first proceeding with recommended data backup. 

OS4 is not responsible for the capabilities of the User’s computer and its ability to run the Software effectively.  

OS4 shall not be held responsible or accountable for any loss of data or revenue, delay, nor any other type of direct or indirect damage that the Subscriber may experience after using the Software. 

OS4 shall not be in breach of its obligations as a result of any delay in or failure of performance on its part which arises out of any equipment failure or telecommunications breakdown beyond the reasonable control of OS4. 

OS4 does not provide a 365/24/7 support service. Support requests and inquiries shall be processed via the email address provided on the Software windows and on the Software’s website. Support requests and inquiries shall be processed on a reasonable effort basis and are not covered by a service level agreement. 

 

4.4 Microsoft Stipulation 

The Subscriber acknowledges that Microsoft may independently determine that changes in the Microsoft Store rules may cause the Software or its version updates to become temporarily or permanently unavailable on their distribution platform. In such a case, OS4 will reach out to its identified active Subscribers and advise on the situation and efforts to fix the problem or provide alternatives. 

 

 

5.0 Warranty 

5.1 Warranty Disclaimer.  

THE SUBSCRIBER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OLYMPIA SOL4 INC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, THE SUBSCRIBER’S USE OR ANY INABILITY TO USE PART OR ALL OF THE SOFTWARE FUNCTIONALITY, THE RESULTS OF ITS USE AND THIS AGREEMENT. 

NO OS4 DEALER, DISTRIBUTOR, CHANNEL PARTNER, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. 

LIMITATION OF LIABILITY. OLYMPIA SOL4 INC SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY CLAIMS, DEMANDS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING OUT OF THE USE OR FAILURE OF THE SOFTWARE OPERATED FOR WHATEVER REASON, WHETHER SUCH ACTION IS BASED IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE. 

 

5.2 Olympia Sol4 Inc Limited Warranty 

EXCEPT TO THE EXTENT PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, OLYMPIA SOL4 INC DISCLAIMS ALL WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  

TO THE EXTENT OLYMPIA SOL4 INC HAS ISSUED THE SOFTWARE IN ACCORDANCE WITH COMMONLY ACCEPTED QUALITY STANDARDS, OLYMPIA SOL4 INC SHALL NOT BE LIABLE TO THE SUBSCRIBER, RELYING PARTY OR ANY THIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH SOFTWARE. OTHERWISE, OLYMPIA SOL4 INC’S LIABILITY TO THE SUBSCRIBER, RELYING PARTY OR ANY THIRD PARTIES FOR ANY SUCH LOSSES SHALL IN NO EVENT EXCEED TWENTY-FIVE CANADIAN DOLLARS ($25 CAD) PER SUBSCRIBER OR RELYING PARTY PER LICENSE. 

THIS LIABILITY CAP LIMITS DAMAGES RECOVERABLE OUTSIDE OF THE CONTEXT OF THE OLYMPIA SOL4 INC WARRANTY POLICY. THE SOFTWARE WARRANTY POLICY DOES NOT COVER CLIENT LOSSES OR DAMAGES.  

IN NO EVENT SHALL OLYMPIA SOL4 INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, DELIVERY, RELIANCE UPON, LICENSE, PERFORMANCE OR NON PERFORMANCE OF THE SOFTWARE OR ANY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS SUBSCRIBER AGREEMENT. 

THIS LIABILITY LIMITATION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF SUBSCRIPTION LICENSES, TRANSACTIONS, OR CLAIMS RELATED TO THE SOFTWARE.  

 

6.0 Term and Termination 

6.1 This Agreement shall terminate upon the earliest of: 

• The uninstall of the Software from all computers operated by the User; or 
• The expiry of a Corporate License when not automatically renewed; or 
• The subscription cancellation by OS4. 

The Subscriber shall remain bound to the code and copy protection clauses in this Agreement, and any obligations or limitations towards OS4’s intellectual property until the software is physically uninstalled, including backup copies. 

6.2    Effect of Termination 

Upon termination of this Agreement for any reason, the Software will cease to function, including OS4 services, either immediately or at the end of the subscription period.  

OS4 services may allow for reinstating part or all of a former Subscriber’s profile data, but this convenience may not always be available, with no obligation for OS4 to provide this service, either free of charge or for a fee. 

 

 

7.0 Miscellaneous Provisions 

7.1 Governing Law and Venue 

The (i) laws that govern the interpretation, construction, and enforcement of this Agreement and all matters, claims or disputes related to it, including tort claims, and (ii) the courts that have exclusive jurisdiction over any of the matters, claims or disputes, are set forth in the table below. 

 

 OS4 Entity Governing Law Venue 

Olympia Sol4 Inc Province of Québec Courts of the Province of Québec, Canada 

 

7.2 Severability 

If any provision of this Agreement, or the application thereof, shall for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and application of such provision to other persons or circumstances shall be interpreted so as best to reasonably effect the intent of the parties hereto. 

 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. 

 

7.3 Binding Effect 

Except as otherwise provided herein, this Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of the parties hereto. 

Neither this Agreement not the Subscriber’s rights in the Software subscription shall be assignable by the Subscriber. 

Any such purported assignment or delegation shall be void and of no effect and shall permit OS4 to terminate this Agreement. 

 

7.4 Entire Agreement 

This Agreement, along with all documents referenced herein, any product or service agreement, and the reseller agreement (if you are a reseller) constitute the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or other communications with respect to the subject matter of this Agreement. 

 

7.5 Trade Names, Logos 

By reason of this Agreement or the performance hereof, the Subscriber and OS4 shall acquire no rights of any kind in any trademark, brand name, logo or product designation of the other party and shall not make any use of the same for any reason except as otherwise authorized in writing by the party which owns all rights to such trademarks, trade names, logos or product designation. 

 

7.6 Customer Support 

For support queries, Subscribers can contact GlobalSign via info@olympiasol4.com.