End User Licence Agreement
Opt+® Mastercard® Prepaid Card Application Licence
Copyright © 2017 Attain Finance Canada, LLC
*** END USER LICENCE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THIS SOFTWARE.
This is a binding licence agreement (“Agreement”) between you and Attain Finance Canada, LLC, Inc. (“Attain Finance Canada”) for your use of Attain Finance Canada’s Opt+® MASTERCARD® Prepaid Card mobile application software application software ("Opt+® MASTERCARD® Prepaid Card"), which is used to access certain parts of your financial information held by Attain Finance Canada. By accepting this licence and downloading and using our mobile application software, you agree that this Agreement is a legally binding and valid contract, and you agree to be bound by it. Subject to the terms of this Agreement, Attain Finance Canada, LLC grants to you a limited, personal, non-exclusive, non-transferable licence, without right to sub-licence, to use Opt+® MASTERCARD® Prepaid Card mobile application software in accordance with this Agreement. Attain Finance Canada, LLC does not transfer the title of Opt+® MASTERCARD® Prepaid Card mobile application software to you; the licence granted to you is not a sale.
Opt+® MASTERCARD® Prepaid Card mobile application software and the licence herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licenced in whole or in part. You will use Opt+® MASTERCARD® Prepaid Card mobile application software only for your own personal use, and you will not use it in a commercial application, or to provide financial services to any other person, or in a service bureau or “software as a service” environment. You will not use, attempt to use or assist others to use Opt+® MASTERCARD® Prepaid Card or our mobile application software to access any information other than your own personal account information. You may make one copy for archive purposes only.
3. USER AGREEMENT
You shall not allow others to use, copy, or evaluate copies of Opt+® MASTERCARD® Prepaid Card or our mobile application software.
3.2 Use and Use Restrictions
Your use of Opt+® MASTERCARD® Prepaid Card mobile application software may subject you to device and telecommunications charges, which are your sole responsibility. You are also responsible for the selection and safekeeping of any personal access codes or passwords you create to access or use Opt+® MASTERCARD® Prepaid Card. You agree to update any registration data required by Attain Finance Canada as requested or appropriate, from time to time. Attain Finance Canada reserves the right to change the content accessed by Opt+® MASTERCARD® Prepaid Card mobile application software in its discretion. You shall use Opt+® MASTERCARD® Prepaid Card mobile application software in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
Opt+® MASTERCARD® Prepaid Card mobile application software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Opt+® MASTERCARD® Prepaid Card mobile application software, nor may you create any derivative works or other works that are based upon or derived from Opt+® MASTERCARD® Prepaid Card mobile application software in whole or in part. Attain Finance Canada, LLC retains sole and exclusive ownership of all right, title and interest in and to Opt+® MASTERCARD® Prepaid Card mobile application software and all intellectual property rights relating thereto recognized or protected under the laws of the United States of America. Copyright law and international copyright treaty provisions protect all parts of Opt+® MASTERCARD® Prepaid Card mobile application software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended to access certain of your financial information hosted by Attain Finance Canada. All rights not expressly granted hereunder are reserved by Attain Finance Canada.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Attain Finance Canada, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Opt+® MASTERCARD® Prepaid Card mobile application software. In no event (including, without limitation, in the event of negligence) will, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or financial loss), in connection with or arising out of or related to this Agreement, Opt+® MASTERCARD® Prepaid Card mobile application software or the use or inability to use Opt+® MASTERCARD® Prepaid Card mobile application software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Attain Finance Canada warrants that it has sufficient legal rights in Opt+® MASTERCARD® Prepaid Card mobile application software to enter into this Agreement, and that your use of Opt+® MASTERCARD® Prepaid Card mobile application software will be free from the adverse claim of any third party. If Attain Finance Canada breaches this warranty, your sole remedy, and Attain Finance Canada’s sole obligation, will be to terminate your use of the Opt+® MASTERCARD® Prepaid Card mobile application software. Except as indicated in this Section, Attain Finance Canada makes no representation or warranties in respect of Opt+® MASTERCARD® Prepaid Card mobile application software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. In particular, Attain Finance Canada does not warrant that Opt+ ® MASTERCARD ® Prepaid Card mobile application software or your use of it will be free from interruption, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of force majeure.
3.6 Governing Law
This Agreement shall be governed by the law of the state of Nevada You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the state and federal courts in and for the state of Nevada. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Licence and not affect the validity and enforceability of any other provisions.
Attain Finance Canada may terminate this Agreement without penalty and upon notice to you if it ceases to provide the products and services accessed by or used in conjunction with Opt+® MASTERCARD® Prepaid Card mobile application software. Attain Finance Canada may suspend its provision of these services on a temporary basis, or without a stated recommencement date, with or without notice. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this licence. Upon termination of this licence granted herein for any reason, you agree to immediately cease use of Opt+® MASTERCARD® Prepaid Card mobile application software and destroy all copies of Opt+® MASTERCARD® Prepaid Card mobile application software supplied under this Agreement.
4. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY OTHERWISE INDICATED IN THIS AGREEMENT, OPT+® MASTERCARD® PREPAID CARD MOBILE APPLICATION SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY OPT+® MASTERCARD® PREPAID CARD MOBILE APPLICATION SOFTWARE AS WELL.
5. CONSENT OF USE OF DATA
You agree that Attain Finance Canada may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Opt+® MASTERCARD® Prepaid Card mobile application software. Attain Finance Canada may also use this information to provide notices to you which may be of use or interest to you. Attain Finance Canada will maintain the confidentiality of the information thus gathered in accordance with standard industry practices. Attain Finance Canada may use third parties to provide some or all of the data hosting services accessed by Opt+® MASTERCARD® Prepaid Card mobile application software.
This Agreement constitutes the entire agreement between you and Attain Finance Canada and governs your use of the Opt+® MASTERCARD® Prepaid Card mobile application software, superseding any prior agreements between you and Attain Finance Canada. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Attain Finance Canada’s’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Attain Finance Canada will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Opt+® Prepaid MASTERCARD® Prepaid Card is provided by Attain Finance Canada, LLC
Opt+® is a registered trademark of Attain Finance Canada, LLC® Mastercard and the Mastercard brand mark are registered trademarks of Mastercard International Incorporated. This card is issued by PACE Savings and Credit Union Limited pursuant to licence by Mastercard International. Use of this card is governed by the agreement under which it is issued.