IMPORTANT This is an agreement between you and TUCOWS Interactive Ltd. Please read it carefully before proceeding. This agreement provides you with rights described below to use the software programs contained on the "Best of Tucows" CD-ROM (the "Software"). Accept only if you agree to all terms.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE SOFTWARE WILL NOT CONTINUE.
1. PERMITTED USE. The Licensor hereby grants to you a personal, non-transferable and non-exclusive right to use the Software solely in object code format, solely for your own internal business or personal purposes and solely on a single computer at any one time. If you wish to use The Software on additional computers, you must obtain a separate licence for each.
2. RESTRICTIONS ON USE. You agree that you will not: (a) copy the Software except that you may make one copy of The Software solely for backup purposes; (b) assign this Agreement of transfer, lease, export or grant a sublicence of The Software or the licence contained herein to any other party unless authorized by the Licensor in writing; (c) network The Software or otherwise use it on more than one computer system at any one time; (d) reverse engineer, demcompile or disassemble The Software; (e) use the Software except as authorized herein; and, (f) permit third parties to use The Software in any way that would constitute breach of this Agreement.
3. OWNERSHIP AND COPYRIGHT. The Licensor and its suppliers are the owners of all intellectual property rights in The Software, related written materials, logos, names and other support materials furnished in this package. No title to the intellectual property in The Software, magnetic media or any other material provided therewith is transferred to you by this Agreement.
4. LIMITED WARRANTY. The Licensor warrants to you that the media on which the Software is recorded is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery assumed to be seven days from the date of shipping.
THE SOFTWARE AND RELATED MATERIAL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR DOWS NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR-FREE.
IN NO EVENT SHALL THE LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
5. LIMITATION OF REMEDIES. The Licensor's entire liability and your exclusive remedy shall be:
(a) refund of the purchase price, less any shipping costs if The Software package is unopened and the package is returned to the Licensor within ten (10) days with proof of the purchase;
(b) the replacement of any media not meeting the Limited Warranty herein which is returned to the Licensor within thirty (30) days with proof of purchase;or,
(c) termination of this Licence Agreement.
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of The Software and related materials. The Licensor may terminate this licence without notice to you if you fail to comply with any of its terms. Any such termination by the Licensor shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you written notice of termination from the Licensor or termination by you, you shall immediately (a) cease using The Software; (b) return to TUCOWS International Ltd. Or the Licensor The Software and all written documentation and all magnetic media provided to you (or destroy all copies thereof in your possession); and (c) within five (5) days thereafter, provide the Licensor with a written confirmation that you have complied with the foregoing. The provisions of Sections 2, 4 and 6 herein shall survive termination of this Agreement.
7. MISCELLANEOUS. This is the entire agreement between you and the Licensor pertaining to your right to use The Software, and supersedes all prior or collateral oral or written representations or agreements related thereto. In the event that one or more of the provisions if found to be illegal or unenforecable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the Province of Ontario, Canada.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, 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, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE.
