FCS Sheet 2 – Myths about Family-Centred Service

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LIMITATION OF LIABILITY In no event will McMaster be liable to You or any other person or entity, for any costs, claims or damages of any kind, including lost profits, data, business interruption or special, incidental or consequential damages, in any way arising out of or in connection with the Measure, its use or performance or this License, even if McMaster has been advised of the possibility of such damages. 10. INDEMNITY In consideration for the benefit obtained under this License, You will indemnify, defend and hold harmless McMaster, its directors, officers, employees, agents and affiliates from and against any claims, liability, loss, damage, costs or expenses of any kind, (including, but not limited to reasonable legal, expert and consultant fees) causes of action, actions, claims, demands, lawsuits or other proceedings,(collectively, “Claims”) resulting directly or indirectly from your possession and or use of the Measure. 11. 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It may be terminated by McMaster immediately without notice if You fail to comply with any of the terms and conditions of this License. Upon termination of this License, Your rights to use terminate and You must immediately stop using the Measure, uninstall and return to McMaster all copies of the Measure and any user documentation in Your possession or control. 15. REPRESENTATION OF AUTHORITY You represent and warrant that you possess the legal authority to enter into this License and that You will be financially responsible for Your use of the Measure You are responsible for supplying any hardware, or software necessary to use the Measure. 16. NO ASSIGNMENT You must not assign, sublicense or otherwise transfer this License or any rights granted by this License without the prior written consent of McMaster and any attempt to do so without the consent of McMaster will be void. 17. 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COMPLETE LICENSE This License contains the entire agreement between You and McMaster relating to the Measure, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between You and McMaster with respect to the Measure. You should print out and/or download a copy of this License and retain it for Your records. McMaster reserves the right to make changes to this License without notice. 19. SEVERABILITY If any provision of this License becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted. 20. NOTICES All notices or other communications to be given under this Agreement by one party to the other shall be in writing and shall be delivered in one of the following formats: electronically, by prepaid courier, by registered prepaid mail or by hand. Such notices are deemed received after verification of such receipt or seven (7) days, whichever is lesser. Notices to McMaster must be addressed to : McMaster University CanChild 1400 Main Street West IAHS Building, Room 408 Hamilton, ON L8S1C7 Attention: Director, CanChild 21. WAIVER If either party omits or delays to require the other party to punctually fulfill any of its obligations under this License, this omission or delay will not operate as a waiver by that party of its rights under this License. 22. SURVIVAL Clauses 3 (Ownership), 7 (Disclaimer of Warranties), 8 (Assumption of Risk), 9 (Limitation of Liability), 10 (Indemnity), 13 (Acknowledgment of McMaster), and 16 – 24 (General provisions) survive termination of this License. 23. GOVERNING LAW This License will be interpreted in accordance with the laws of the Province of Ontario, and the applicable federal laws of Canada. 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FCS Sheet 2 – Myths about Family-Centred Service

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