Last updated: November 11, 2021
Please read this End-User License Agreement carefully before downloading or using Diffchecker Desktop.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You to a Device, named Diffchecker Desktop
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Checker Software Inc., 407 - 13955 Laurel Dr. Surrey, BC V3T 1A8.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: British Columbia, Canada
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Subscription Term means the period commencing upon delivery by the Company to You of the Application, and continuing until expiration of the subscription term.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Subject to the terms and conditions of this Agreement and your payment of the required license fee, the Company grants to you, during the Term, a limited, non-exclusive, non-transferable (except as expressly permitted in this Agreement) right and license (during the term of this Agreement to install, activate, and use this version of The Application for your personal use or internal business purposes ("License") either (a) as one installed instance of the Application on one device, or (b) installed on up to three (3) different devices for your use on no more than one device at a time. This License does not allow multiple users to use the Application on multiple computers unless a separate license has been purchased for each user. This License will apply to all updates to the application, if any, made generally available by the Company without charge, provided, however, that upon downloading and installing an update to the the Application application, your right to use prior versions of the Application will terminate and earlier versions may no longer be used. This License will remain in effect unless and until this Agreement is either terminated according to its terms or superseded by a new agreement between the parties.
The Company reserves the right to change the terms of this Agreement in any future major or minor release of the Application. If you do not agree to accept the changes made in the Agreement, you may not use the new release of The Application but your License under this Agreement to your existing version of the Application will not be affected.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer and ending your subscription.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You may use the Application only as expressly permitted in this EULA, unless more rights are given under applicable law. You may not
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Any feedback or ideas You provide to the Company regarding the Application or any suggested improvements thereto will be the exclusive property of the Company. To the extent You own any rights in such feedback or ideas, You agree to assign, and hereby do assign, to the Company all right, title and interest in and to such feedback or ideas. You agree to perform all acts reasonably requested by the Company to perfect and enforce such rights. The Company will reimburse You for direct out of pocket costs incurred in complying with its requests.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Company also collects and uses, through its Application, Non-Personal Data for system administration, diagnostic, management, research and product development purposes, though diff content will never be in the data that is collected. Company may use this Non-Personal Data for any of the foregoing purposes to obtain a better understanding of Your and the Users' behavior and improve the quality and performance of its products and services, including the Application. Company may aggregate, analyze and share this Non-Personal Data with its third-party analytics service providers for analytics and usage statistical purposes ("Analytics Data"). Such Analytics Data helps Company provide more useful information and services to You and the Users. By clicking the "Accept" button, You acknowledge and agree to Company's use of the Non-Personal Data. You acknowledge and agree that Company owns, and shall continue to own, all intellectual property and other proprietary rights in and to all portions of the Analytics Data. You also hereby grant Company the right to use the Non-Personal Data to produce the Analytics Data, improve, enhance and further develop its Application. You further authorize Company to place such Non-Personal Data in a database controlled by Company or its third party analytics service provider where it may be combined with the data of others to form aggregate data for analysis of the performance of the Application and SaaS Offering and for the performance of services for others.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us: