Sun Media Winnipeg Sun Software License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SUN MEDIA WINNIPEG SUN SOFTWARE ("SOFTWARE") YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR
THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4;
WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT
IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
FURTHERMORE, THIS SOFTWARE AND THIS AGREEMENT ARE PROVIDED AS AN ADDENDUM TO
THE CURRENT SUBSCRIBER AGREEMENT, TERMS OF USE OR ANY OTHER TERMS OF USE FOR
ANY SERVICE WHICH UTILIZES WINNIPEG SUN AS AN INTEGRAL PART OF IT.
Winnipeg Sun is designed and programmed by Sun Media Corporation, Inc. Sun
Media and its suppliers own all intellectual property in the Software. Sun
Media permits you to Use the Software only in accordance with the terms of this
Agreement. Use of some third party materials included in the Software may be
subject to other terms and conditions typically found in a separate license
agreement or "Read Me" file located near such materials.
1. Definitions
"Software" means (a) all of the contents of the files, disk(s),
CD-ROM(s) or other media with which this Agreement is provided, including but
not limited to (i) Sun Media or third party computer information or software;
(ii) related explanatory written materials or files
("Documentation"); and (iii) fonts; and (b) upgrades, modified
versions, updates, additions, and copies of the Software, if any, licensed to
you by Sun Media (collectively, "Updates"). "Use" or
"Using" means to access, install, download, copy or otherwise benefit
from using the functionality of the Software in accordance with the
Documentation. "Permitted Number" means one (1) unless otherwise
indicated under a valid license (e.g. volume license) granted by Sun Media.
"Computer" means an electronic device that accepts information in
digital or similar form and manipulates it for a specific result based on a
sequence of instructions. "Sun Media" means Sun Media Corporation,
333 King Street East Toronto, Ontario CA M5A 3X5.
2. Software License
As long as you comply with the terms of this Software License Agreement (this
"Agreement"), Sun Media grants to you a non-exclusive license to Use
the Software for the purposes described in the Documentation.
2.1 General Use. You may install and Use a copy of the Software on your
compatible computer, up to the Permitted Number of computers.
2.2 No Modification. You may not alter, disassemble, decompile, reverse
engineer or modify the Software or any portion thereof, or create a new
installer for the Software. The Software is licensed and distributed by Sun
Media for viewing newspapers in, including but not limited to an offline
environment. You are not authorized to integrate or use the Software with any
other software, plug-in or enhancement.
3. Intellectual Property Ownership, Copyright Protection
The Software and any authorized copies that you make are the intellectual
property of and are owned by Sun Media, Inc. and its suppliers. The structure,
organization and code of the Software are the valuable trade secrets and
confidential information of Sun Media, Inc. and its suppliers. The Software is
protected by law, including without limitation the copyright laws of Canada,
the United States and other countries, and by international treaty provisions.
Except as expressly stated herein, this Agreement does not grant you any
intellectual property rights in the Software and all rights not expressly
granted are reserved by Sun Media and its suppliers.
4. Restrictions
4.1 Notices. You shall not copy the Software. New installation is required for
any device you would like to use the Software on.
4.2 No Modifications. You shall not modify, adapt or translate the Software.
You shall not reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Software.
4.3 Document Features. The Software may contain features and functionality that
appear disabled or "grayed out" (the "Document Features").
The Document Features will only activate when enabled by Sun Media and/or your
paid subscription plan allows access to such Features. You agree not to access,
or attempt to access, disabled Document Features or otherwise circumvent the
permissions that control activation of such Document Features.
4.4 Transfer. You may not, rent, lease, sublicense, assign or transfer your
rights in the Software, or authorize all or any portion of the Software to be
copied onto another user's computer except as may be expressly permitted
herein. You may, however, transfer all your rights to Use the Software to
another person or legal entity provided that: (a) you also transfer (i) this
Agreement, and (ii) the Software and all other software or hardware bundled or
pre-installed with the Software, including all copies, Updates and prior
versions, to such person or entity; (b) you retain no copies, including backups
and copies stored on a computer; and (c) the receiving party accepts the terms
and conditions of this Agreement and any other terms and conditions upon which
you legally purchased a license to the Software. Notwithstanding the foregoing,
you may not transfer education, pre-release, or not for resale copies of the
Software.
5. Updates
If the Software is an Update to a previous version of the Software, you must
possess a valid license to such previous version in order to use such Update.
All Updates are provided to you on a license exchange basis. You agree that by
Using an Update you voluntarily terminate your right to use any previous version
of the Software. As an exception, you may continue to Use previous versions of
the Software on your Computer after you Use the Update buy only to assist you
in the transition to the Update, provided that: (a) the Update and the previous
versions are installed on the same computer; (b) the previous versions or
copies thereof are not transferred to another party or Computer unless all
copies of the Update are also transferred to such party or Computer; and (c)
you acknowledge that any obligation Sun Media may have to support the previous
versions of the Software may be ended upon availability of the Update.
6. No warranty
The Software is being delivered to you "AS IS" and Sun Media makes no
warranty as to its use or performance. SUN MEDIA AND ITS SUPPLIERS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE,
INCLUDING ITS BETA TESTING VERSION. EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE
EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SUN MEDIA
AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS
(EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE)
AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the
termination of this Agreement, howsoever caused, but this shall not imply or
create any continued right to Use the Software after termination of this
Agreement.
7. Limitation of liability
IN NO EVENT WILL SUN MEDIA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES,
CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES,
OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN SUN MEDIA REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR
ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SUN MEDIA'S
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing
contained in this Agreement limits Sun Media's liability to you in the event of
death or personal injury resulting from Sun Media's negligence or for the tort
of deceit (fraud). Sun Media is acting on behalf of its suppliers for the
purpose of disclaiming, excluding and/or limiting obligations, warranties and
liability as provided in this Agreement, but in no other respects and for no
other purpose. For further information, please see the jurisdiction specific
information at the end of this Agreement, if any, or contact Sun Media's
Customer Support Department.
8. Governing Law
This Agreement and any operating rules for the e-paper Service, powered by Sun
Media constitute the entire agreement between us with respect to the subject
matter hereof, and supersede all previous written or oral agreements between us
with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the Province of Ontario, Canada without regard to
its conflict of laws rules. For any suit, action or other proceeding arising
from or relating to this Agreement, you hereby irrevocably agree to personal
jurisdiction and exclusive venue of the Canadian Court, Province of Ontario in
the city of Toronto. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. This Agreement will not be governed by the conflict of law rules of
any jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
9. General Provisions
If any part of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of this Agreement, which shall remain valid
and enforceable according to its terms. This Agreement shall not prejudice the
statutory rights of any party dealing as a consumer. This Agreement may only be
modified by a writing signed by an authorized officer of Sun Media. Updates may
be licensed to you by Sun Media with additional or different terms. This is the
entire agreement between Sun Media and you relating to the Software and it
supersedes any prior representations, discussions, undertakings, communications
or advertising relating to the Software.
10. Miscellaneous
Either Sun Media or you may terminate this Agreement at any time. At the time
of termination you must uninstall the Software from any device it was installed
on by you or any authorized individual and/or organization whom you authorized
to do so. Without limiting the foregoing, we have the right to immediately
terminate your e-paper Account or any other related Account in the event that
you breach this Agreement. If your Account is terminated, you are and will
remain responsible for all charges incurred up to the time of the termination.
All provisions herein shall survive termination of this Agreement.
If you have any questions regarding this Agreement or if you wish to request
any information from Sun Media please use the address and contact information
included with this product to contact the Sun Media office.
Sun Media is a registered trademarks or trademarks of Sun Media Corporation in
Canada, the United States and/or other countries.