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End user agreement for Copernic Summarizer

LICENSE TERMS FOR COPERNIC SUMMARIZER

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. Note also that if you use or install the try & buy version of this software, you benefit from a one-time free trial period, the duration of which is specified in the software, before deciding or not to purchase a user license. If you do not accept these terms, promptly cease further installation or use of the software. It is agreed that certain restrictions under this License apply only to the try & buy or commercial version of Copernic Summarizer software.

DEFINITIONS
In this Agreement, "CTI" means Copernic Technologies Inc.; "LICENSE AGREEMENT" means this Agreement, including other documents 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 CTI software, including Copernic Summarizer; "SOFTWARE" means the Copernic Summarizer software application, including any technology and utility software licensed by CTI 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, CTI 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 the commercial version of Copernic Summarizer, is non-transferable. The 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 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, contact information and other types of information are asked by CTI during the registration process. CTI uses these data to tailor its products and services, and to evaluate worldwide Software diffusion. 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 at http://www.copernic.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. CTI 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 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.

However, copyrights on summaries of texts produced using the SOFTWARE remain the exclusive property of the holder of copyrights on the original text summarized. Thus, neither CTI 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, skins or other content (collectively, "Content") to CTI, the 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 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 CTI 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 CTI or any of its licensors or take any other action that impairs or reduces the trademark rights of CTI 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' 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 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 THE TRY & BUY VERSION OF COPERNIC SUMMARIZER
The try & buy version of the Copernic Summarizer SOFTWARE may be freely distributed by the LICENSEE, provided that:
1. Such distribution includes only the original archive supplied by CTI. The LICENSEE may not alter, delete or add any files in the distribution archive.
2. The distribution does not include a registration number. In particular, the LICENSEE may not distribute a registered piece of SOFTWARE.
3. No money is charged to the person receiving the try & buy version of the 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 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 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 SHALL 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 THE LICENSEE'S USE OF THE SOFTWARE, SUMMARIES OF TEXT PRODUCED USING THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, OR RESULTING FROM THE LICENSEE'S INABILITY TO USE ANY OF THESE PRODUCTS, 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 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 CTI 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 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 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.

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 © 2000-2003 Copernic Technologies Inc. All rights reserved.

Copernic and the Copernic logo are registered trademarks of Copernic Technologies Inc. Copernic Summarizer, the Copernic Summarizer logo, WebEssence and the WebEssence logo are trademarks of Copernic Technologies Inc. Other product and brand names may be trademarks or registered trademarks of their respective owners.

Copernic Technologies Inc.
360, Franquet #60
Sainte-Foy (Quebec)
Canada G1P 4N3