LICENSE TERMS FOR COPERNIC 2001 BASIC, COPERNIC 2001 PLUS AND COPERNIC 2001 PRO
Please read this License Agreement before installing or using this software. When you install or use this software, you agree to be bound by the terms of this License. If you didn't obtain this copy of the software legally, please destroy the copy immediately. If you do not agree to these terms, promptly cease all further installation or use of the software. It is agreed that certain restrictions under this License only apply to Copernic 2001 Basic or, as the case may be, to Copernic 2001 Plus and Copernic 2001 Pro software.
DEFINITIONS
In this Agreement, "CTI" means Copernic Technologies Inc.; "LICENSE AGREEMENT" means this Agreement, including other documents incorporated herein by reference, namely the Privacy Statement and the Skin Statement; "LICENSEE" means you, the licensee of the SOFTWARE; "SOFTWARE PRIVACY STATEMENT" means the Software Privacy Statement applicable to CTI software including Copernic 2001 Basic, Copernic 2001 Plus and Copernic 2001 Pro; "SKIN STATEMENT" means the CTI Skin Statement; "SOFTWARE" means the Copernic 2001 Basic, Copernic 2001 Plus or Copernic 2001 Pro software, depending on the product type purchased or used by the LICENSEE, as the case may be, being understood that Copernic 2001 Basic is offered free of charge while Copernic 2001 Plus and Copernic 2001 Pro are commercial products, including any technology and utility software licensed by CTI from the developers and owners thereof, together with all accompanying documentation; "SEARCH ENGINE" means the search tools available on the Internet.
LICENSE
In consideration of your agreement to comply with the terms and conditions of this License Agreement, CTI grants you, LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. It is also agreed that the License granted to the LICENSEE pertaining to Copernic 2001 Plus or Copernic 2001 Pro is non-transferable. LICENSEE may not use the SOFTWARE on a network server or on more than one computer terminal at the same time. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE.
PRIVACY
Demographic information (country) and contact information (e-mail address) are collected by CTI through the registration process. CTI uses this data to tailor its products and services. CTI also uses customer contact information to send information about CTI to users who indicated a preference to receive notification of product news and events. CTI does not sell, rent or disclose this information to other companies. You may remove yourself from the mailing list at any time. For more information on privacy issues, please visit the Software Privacy Statement, which can be found on the Copernic.com Web site.
LICENSEE acknowledges that the Software Privacy Statement forms an integral part of this Agreement and accepts the terms and conditions set forth therein. CTI may modify the Software Privacy Statement at any time by publication on its Web site. Your continued use of the SOFTWARE following notice of any such modification that may be posted on the SOFTWARE Web site or notified to you by any other means will be deemed conclusive acceptance of the revised terms of this Agreement. If any such revision is unacceptable to you, terminate use of the SOFTWARE immediately.
SKINS
Any direct use of Plug-Ins through a non-CTI proprietary application, including a custom or user-written application is prohibited by this License Agreement. Therefore, this restriction does not apply to non-CTI proprietary skins. CTI permits you to create, display, install and post unique skins to be used in connection with the SOFTWARE. You agree that you shall not create, display, install or post any skins that contain or include (a) nudity or pornographic material of any kind, including but not limited to material that exploits children or minors; (b) material that is offensive to the online community, including expressions of bigotry, prejudice, racism, hatred, or profanity; (c) material or information about illegal activities or which promotes harm, injury, or any act of cruelty to persons, property, or animals; (d) defamatory or libelous statements about any person or group; or (e) material which infringes the intellectual property or proprietary rights of any third parties. For more information on skins, please visit the Skin Statement, which is published on the Copernic.com Web site.
LICENSEE acknowledges that the Skin Statement forms an integral part of this Agreement and accepts the terms and conditions set forth therein. CTI may modify the Skin Statement at any time by publication on its Web site. Your continued use of the SOFTWARE following notice of any such modification that may be posted on the SOFTWARE Web site or notified to you by any other means will be deemed conclusive acceptance of the revised terms of this Agreement. If any such revision is unacceptable to you, terminate use of the SOFTWARE immediately.
COPYRIGHT AND RESTRICTIONS ON USE
The SOFTWARE contains copyrighted material and, in its humanly readable form, contains trade secrets and proprietary information owned by or licensed to CTI. Title to and ownership of the SOFTWARE and the documentation that accompanies the SOFTWARE and all intellectual property rights in the SOFTWARE and said documentation are and shall remain the sole property of CTI and/or its licensors.
By transmitting any suggestions, information, material, skins or other content (collectively, "Content") to CTI, LICENSEE (a) represents and warrants that such Content does not infringe upon the intellectual property or proprietary rights of any third parties (including but not limited to patents, copyrights, trademarks, or trade secrets) and that he or she has all rights necessary to convey such Content to CTI, and (b) automatically grants to CTI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. Further, CTI is free to use any ideas, concepts, know-how, techniques and suggestions contained in any Content or communications that LICENSEE sends for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to humanly readable form. LICENSEE may not modify, rent, lease, loan the SOFTWARE or distribute copies of it. LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet.
LICENSEE may not create derivative software based upon any trade secret or proprietary information of CTI and/or its licensors. LICENSEE may not sub-license, assign or transfer this License. LICENSEE may not copy the printed information in the package. LICENSEE may not adapt or use any trademark or trade name, which is similar to, or likely to be confused with, that of CTI or any of its licensors or take any other action that impairs or reduces the trademark rights of CTI or of its licensors.
LICENSEE may make one copy of the SOFTWARE for backup or archival purposes, provided that LICENSEE duplicates the copyright notice and other identifying information on the disk's label and affixes such notice to the backup copy. LICENSEE may print a copy of the documentation from the disk only for LICENSEE's use for the sole purpose of operating the SOFTWARE.
LICENSEE further acknowledges that this License is not a sale or an assignment of CTI's and/or its licensors' intellectual property rights in the SOFTWARE and the accompanying documentation and that CTI and its licensors continue to own title to the SOFTWARE and copyright of the printed information.
SPECIAL DISTRIBUTION RIGHTS RELATED TO COPERNIC 2001 BASIC
The Copernic 2001 Basic SOFTWARE may be freely distributed by the LICENSEE, provided that:
Such distribution includes only the original archive supplied by CTI. LICENSEE may not alter, delete or add any files in the distribution archive.
The distribution does not include a registration number. In particular, LICENSEE may not distribute a registered piece of SOFTWARE.
No money is charged to the person receiving the Copernic 2001 Basic SOFTWARE, beyond reasonable cost of packaging and other overhead.
NO WARRANTY
CTI does not warrant, guarantee or make any representations that the functions contained in the SOFTWARE will meet LICENSEE's requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. Any other software and any hardware furnished with or accompanying the SOFTWARE is not warranted by CTI.
LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED, AND TO ANY REMEDY AGAINST CTI AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CTI AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT CTI AND/OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CTI AND/OR ITS LICENSORS BE LIABLE FOR THE LACK OF CONTINUED AVAILABILITY OF SEARCH ENGINES OR CATEGORIES INCLUDED IN THE SOFTWARE OR UTILIZED BY IT. CTI AND/OR ITS LICENSORS MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS, TIMELINESS OR SUITABILITY OF THE CONTENT OF ANY SERVICE OR INFORMATION PROVIDED BY ANY SEARCH ENGINE OR DIRECTORY, AND TAKE NO RESPONSIBILITY THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CTI AND/OR ITS LICENSORS BE LIABLE IN ANY MANNER WHATSOEVER FOR THE USE OF A NON-PROPRIETARY SKIN THAT MAY BE ADDED TO THE SOFTWARE.
EXPORT LAW ASSURANCES
LICENSEE agrees that the SOFTWARE and other technical information, both printed and verbal, received from CTI will not be exported outside the United States except as permitted by the laws and regulations of the United States. If LICENSEE rightfully obtains the SOFTWARE and accompanying information outside the United States, LICENSEE agrees not to re-export the SOFTWARE and information except as permitted by the laws and regulations of the United States and the jurisdiction in which LICENSEE obtained the SOFTWARE.
TERMINATION
This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must immediately stop using the SOFTWARE, erase or destroy all copies of the SOFTWARE, and destroy all printed information provided with the SOFTWARE.
ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement between LICENSEE and CTI and supersedes any other prior agreements or communications regarding the SOFTWARE. If any provision of this agreement is held invalid, the remainder of this agreement shall remain in effect.
WAIVER
The failure by CTI or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions.
LANGUAGE OF AGREEMENT
LICENSEE agrees that this agreement be drafted in the English language. Le licenciΘ accepte que la prΘsente convention soit rΘdigΘe en anglais.
GOVERNING LAW
This Agreement shall be governed and be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Copyright ⌐ 1997-2001 Copernic Technologies Inc. All rights reserved.
Copernic and the Copernic logo are registered trademarks of Copernic Technologies Inc. Other product and brand names may be trademarks or registered trademarks of their respective owners.
