THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YOUR SERVICE PROVIDER ("YOUR SERVICE PROVIDER"). BY OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THIS SOFTWARE.
For the purposes of this Agreement, Your Service Provider is Glinx Internet
Your Service Provider hereby grants to you a non-exclusive license (the "License") to use the accompanying Netscape client software product and documentation (collectively the "Software") on the following terms:
- use the Software on any single computer for the purpose of using the Glinx Service provided to you by Your Service Provider (the "Service");
- use the Software on additional computers as long as the first and subsequent computers are not used simultaneously and each is used solely for the purposes of using the Service; or
- copy the Software solely for archival or back-up purposes, provided any copy must contain all of the original Software's proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed above;
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;
- copy the Software or Documentation (except for back-up purposes);
- rent, lease, transfer or otherwise transfer rights to the Software; or
- remove any proprietary notices or labels on the Software.
This license does not grant you any right to any enhancement or update.
Title, ownership rights, and intellectual property rights in and to the Software shall remain in Your Service Provider and/or its suppliers. The Software is protected by copyright law and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
Your Service Provider warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the documentation accompanying same. Your Service Provider does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements.
Your Service Provider also warrants that the media containing the Software is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Your Service Provider's sole liability for any breach of this warranty shall be, in Your Service Provider's sole discretion:
(i) to replace your defective media; or
(ii) to advise you how to achieve substantially the same functionality with the Software as described in the documentation through a procedure different from that set forth in the documentation; or
(iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date: (a) of shipment to you of the repaired, corrected or replaced Software, or (b) Your Service Provider advised you how to operate the Software so as to achieve the functionality described in the documentation.
Only if you inform Your Service Provider of your problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Your Service Provider be obligated to honour this warranty. Your Service Provider will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY YOUR SERVICE PROVIDER. YOUR SERVICE PROVIDER MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS (SOME PROVINCES AND TERRITORIES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF THIS NATURE, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU IN WHOLE OR IN PART).
THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME PROVINCES AND/OR TERRITORIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NONE OF YOUR SERVICE PROVIDER'S DEALERS, AGENTS, OR EMPLOYEES ARE AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY PROVINCE, TERRITORY OR BY JURISDICTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL YOUR SERVICE PROVIDER OR ITS RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF YOUR SERVICE PROVIDER LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
This license will terminate automatically if you fail to comply with the terms and conditions described above. On termination, you must destroy all copies of the Software.
Your Service Provider reserves the right to have audits conducted to verify your compliance with this license.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE CANADA OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY CANADIAN GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN OR NATIONAL OR LAWFUL PERMANENT RESIDENT OF CANADA.
None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported into (or to a national or resident of) any other country to which Canada has embargoed goods.
By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
This Agreement represents the complete agreement concerning this License between the parties and supercedes all prior agreements and representations between them. You acknowledge that you have read this license, understand it and agree to be bound by its terms and conditions. It may be amended only by a written amendment executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Your Service Provider may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandè que cette convention ainsi que tous les documents qui s'y rattachent soient rèdigès en anglais.
This Agreement shall be governed by and construed under the laws of the province or territory in which your designated billing address is located and the federal laws of Canada applicable therein.