(i) "User" or "You" means the individual or the business entity to which a license is granted by Remarkebly for the use of the Software;
(ii) "Effective Date" means the date on which a User first installs the Licensed Software through Remarkebly's website or through a third-party application, extension, or add-on store such as the Chrome Web Store;
(iii) “Licensed Software” means the web-based software extension called Remarkebly, which is proprietary to Remarkebly;
Software License Grant
Subject to all of the terms and conditions of this Agreement and payment of any applicable fees, Remarkebly grants to the User a royalty-free, non-exclusive, non-transferable license to download, install and use the Licensed Software as part of the Service.
Remarkebly makes commercially reasonable efforts to provide support for the Service through the online Help Center located at You may also contact us directly at
Disclaimer of Warranties
To the greatest extent permitted by law, the licensed software and technical support provided by Remarkebly hereunder are provided on an "as is" basis. There are no warranties, representations or conditions, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage of trade or otherwise, regarding them or any other product or service provided under this agreement or in connection with this agreement by Remarkebly. Remarkebly disclaims any implied warranties or conditions of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. Remarkebly does not represent or warrant that the software shall meet any or all of User’s particular requirements, that the software will operate error-free or uninterrupted or that all errors or defects in the software can be found or corrected.
Limitation of Liability
To the greatest extent permitted by applicable law, in no event shall Remarkebly be liable to the User or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, loss of computer time, cost of substitute goods or services, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with this agreement.
The disclaimer of representations, warranties and conditions and limitation of liability constitute an essential part of this agreement. You acknowledge that for the disclaimer of representations, warranties and conditions and limitation of liability, neither Remarkebly nor any of its licensors or suppliers would grant the rights granted in this agreement.
Term and Termination
The term of this Agreement will begin upon the Effective Date and shall continue for as long as User uses the Service.
No delay or failure in exercising any right under this Agreement, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied term set out in this Agreement constitutes consent to any subsequent breach, whether of the same or any other provision.
If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
The User may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) without Remarkebly's prior written consent. Remarkebly may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.
Governing Law and Venue
This Agreement shall be governed by the laws of the Province of Quebec. No choice of laws rules of any jurisdiction shall apply to this Agreement. The User consents and agrees that the courts of the Province of Quebec shall have jurisdiction over any legal action or proceeding brought by the User arising out of or relating to this Agreement, and the User consents to the jurisdiction of such courts for any such action or proceeding.
This Agreement is the entire understanding and agreement between the User and Momentum with respect to the subject matter hereof, and it supersedes all prior negotiations, commitments and understandings, verbal or written, any purchase order issued by User.
If you have any questions about this agreement, please contact us at email@example.com.
Last updated 2018-12-19