Software License Agreement THE LICENSEE AGREES TO ASSUME ALL LIABILITY FOR POSSIBLE DAMAGE OR INCONVENIENCE RESULTING FROM USE OF THE SOFTWARE. DISTRIBUTION OR TRANSFER OF THIS PROGRAM IS STRICTLY FORBIDDEN UNDER ANY CIRCUMSTANCES. LICENSE TERMS FOR CatchAPage 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 did not obtain this copy of the software legally, please destroy the copy immediately. If you do not accept these terms, promptly cease all further installation or use of the software. DEFINITIONS In this Agreement, “CatchAPage” means CatchAPage; "LICENSE AGREEMENT" means this Agreement, including any other document incorporated herein by reference, namely the Software Privacy Statement; "LICENSEE" means you, the licensee of the SOFTWARE; "SOFTWARE PRIVACY STATEMENT" means the Software Privacy Statement applicable to CatchAPage software; "SOFTWARE" means Software, these includes any technology and utility software licensed by CatchAPage from the developers and owners thereof, together with all accompanying documentation. LICENSE In consideration of your agreement to comply with the terms and conditions of this License Agreement, CatchAPage grants you, the 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 is non-transferable. The LICENSEE may not use this SOFTWARE on a network server or on more than one computer terminal at the same time. This Agreement does not grant the 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 CatchAPage through the registration process. CatchAPage uses this data to tailor its products and services. CatchAPage also uses customer contact information to send information about CatchAPage to users who indicated a preference to receive notification of product news and events. CatchAPage 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 CatchAPage Web site at http://www.CatchAPage.com/support/privacy-software.html. The LICENSEE acknowledges that the Software Privacy Statement forms an integral part of this Agreement and accepts the terms and conditions set forth therein. CatchAPage may modify the Software Privacy Statement at any time by posting 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, CatchAPage. 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 CatchAPage and/or its licensors. However, copyrights on abstracts and summaries of texts produced using the SOFTWARE remains the exclusive property of the holder of copyrights on the original text summarized. Thus, neither CatchAPage nor the LICENSEE may claim copyrights on a summary resulting from use of the SOFTWARE, and no right is granted to either party as a result of use of the SOFTWARE. By transmitting any suggestions, information, material, or other content (collectively, "contents") to CatchAPage, the LICENSEE (a) represents and warrants that such contents do 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 contents to CatchAPage, and (b) automatically grants to CatchAPage 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 contents (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 contents. Further, CatchAPage is free to use any ideas, concepts, know-how, techniques and suggestions contained in any contents or communications that the LICENSEE sends for any purpose whatsoever, including, but not limited to, creating, manufacturing, and marketing products and/or services using such information. The LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to humanly readable form. The LICENSEE may not modify, rent, lease, lend the SOFTWARE or distribute copies of it. The LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet. The LICENSEE may not create derivative software based upon any trade secret or proprietary information of CatchAPage and/or its licensors. The LICENSEE may not sub-license, assign or transfer this License. The LICENSEE may not copy the printed information in the package. The LICENSEE may not adapt or use any trademark or trade name, which is similar to, or likely to be confused with, that of CatchAPage or any of its licensors, or take any other action that impairs or reduces the trademark rights of CatchAPage or of its licensors. The LICENSEE may make one copy of the SOFTWARE for backup or archival purposes, provided that the LICENSEE duplicates the copyright notice and other identifying information on the disk's label, and affixes such notice to the backup copy. The LICENSEE may print a copy of the documentation from the disk only for the LICENSEE's use for the sole purpose of operating the SOFTWARE. The LICENSEE further acknowledges that this License is not a sale or an assignment of CatchAPage and/or its licensors' intellectual property rights in the SOFTWARE and the accompanying documentation, and that CatchAPage and its licensors continue to own title to the SOFTWARE and copyright of the printed information. NO WARRANTY CatchAPage does not warrant, guarantee or make any representations that the functions contained in the SOFTWARE will meet the 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 CatchAPage. 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 CatchAPage 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 SHALL CatchAPage 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 THE LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT CatchAPage 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 ALSO INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST THE LICENSEE. EXPORT LAW ASSURANCES The LICENSEE agrees that the SOFTWARE and other technical information, both printed and verbal, received from CatchAPage will not be exported outside the United States except as permitted by the laws and regulations of the United States. If the LICENSEE rightfully obtains the SOFTWARE and accompanying information outside the United States, the 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 the 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 the LICENSEE fails to comply with any provision of this Agreement. Upon termination, the 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 the LICENSEE and CatchAPage, 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 CatchAPage 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 the LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions. LANGUAGE OF AGREEMENT The LICENSEE agrees that this agreement is to be drafted in the English language. Le licencié accepte que la présente convention soit rédigée en anglais. El usuario acepta que esta licencia esté escrita en inglés. 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 © 1997-2003 CatchAPage All rights reserved. CatchAPage and the CatchAPage logo are registered trademarks of CatchAPage Other product and brand names may be trademarks or registered trademarks of their respective owners.