End user agreement for myCopernic on the Go!
9.MISCELLANEOUS This Agreement shall be governed and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. The Licensee and Copernic agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in any dispute relating to this Agreement. Any cause of action by you with respect to the Software and/or this Agreement (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, presentations, warranties and understandings with respect to the Software, the content, goods and services provided thereby, and the subject matter of this Agreement. The previous statement shall not be interpreted to limit the right of Copernic to modify this Agreement for any update or upgrade of the Software. THE FAILURE OF A PARTY TO INSIST ON THE PERFORMANCE OF AN OBLIGATION HEREUNDER SHALL NOT BE DEEMED TO BE A WAIVER OF SUCH OBLIGATION OR OF ANY OTHER OBLIGATION. NO WAIVER OF THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL BE VALID UNLESS MADE IN WRITING AND DULY EXECUTED BY AN OFFICER OF COPERNIC. Licensee agrees to comply with all applicable international and national laws that may apply to the Software, including the Canadian and U.S. export regulations, as well as end user, end-use, and destination restrictions issued by Canadian, U.S. and other governments. You may not use, acquire, ship, transport, export, or re-export the Software, except as authorized by Copernic and as permitted by applicable law. The Software may not be acquired, shipped, transported, exported, or re-exported (i) into any U.S. embargoed country, (ii) to a national or resident of any U.S. embargoed country, or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If the Software is supplied to or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this License apply. The headings in this Agreement are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. The parties have agreed that this Agreement be drafted in the English language.