End-User License Agreement for 680News™ Mobile Application

End-User License Agreement for 680News™ Mobile Application

ATTENTION: YOU MUST SCROLL DOWN TO THE END OF THIS END-USER LICENSE AGREEMENT (THE “AGREEMENT) BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.

IMPORTANT: THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, ("YOU” OR “YOUR”) AND Rogers Digital Media (THE “LICENSOR”). BY CLICKING ON THE “AGREE” BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE 680NEWS™ MOBILE APPLICATION (THE “APPLICATION”) ON YOUR WIRELESS DEVICE, YOU AGREE TO BE BOUND BY (1) THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (2) THE TERMS AND CONDITIONS LOCATED ON WWW.680NEWS.COM (THE “680NEWS TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE 680NEWS TERMS, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL, COPY AND/OR USE THE APPLICATION.

1. LICENSE

Subject to your compliance with this Agreement, the Licensor hereby grants you a limited, non-exclusive, right to install and use the Application on one portable wireless device.

The Licensor is entitled to refuse, restrict, limit, suspend and/or interfere or interrupt the Application or any part thereof, without any notice to you to install a patch, revise, update, replace, repair, improve, and/or upgrade the Application or for any other reason.

Where used in this Agreement, and the term “Application” includes any patches, revisions, updates, upgrades or replacements of the Application (the “Revisions”) that may be delivered to you or that you may receive, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, they shall govern the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the Application as modified by the Revisions.

2. RESTRICTIONS ON USE OF APPLICATION AND LICENSE

Except to the extent otherwise expressly permitted hereunder or otherwise expressly permitted by the Licensor, and without limitation, the following restrictions shall apply to your use of the Application and the license granted herein:
(a) You may not copy or reproduce any portion of the Application;
(b) You may only use the Application for your own non-commercial use;
(c) You may not distribute, share through any information network, transfer, sell, lease or rent the Application or any part of it to any other person;
(d) You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Application or any part of it;
(e) You may not decompile, reverse engineer or disassemble the Application or any part of it; and
(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this Agreement.

3. DATA CHARGES

You acknowledge that data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Licensor shall have no liability to you whatsoever in respect of such charges.

4. INTELLECTUAL PROPERTY RIGHTS

The Application is protected by copyright and other intellectual property laws and treaties. All title to, and intellectual property and copyright rights in, the Application and/or any related documents are and shall remain owned and/or controlled solely and exclusively by the Licensor. The Licensor reserves all rights in the Application and/or any related documents not specifically granted to you under this Agreement. The Application is licensed, not sold. This Agreement does not grant you any rights to trademarks, copyrights or patents of the Licensor.

5. PRIVACY

You acknowledge that by installing the Application on your wireless device, the Licensor may collect or retain personal information such as, but not limited to, the serial number and IMEI number of your wireless device. The Licensor agrees to hold any of your personal information collected in accordance with the Privacy Policy located at http://www.rogerspublishing.ca/privacy.htm.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APPLICATION AT YOUR OWN RISK. THE APPLICATION AND ALL DATA AND CONTENT PROVIDED THROUGH THE APPLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND. THE LICENSOR AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES(THE “PARTIES” OR “PARTY’) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. THE LICENSOR CANNOT AND DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE DATA AND CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE OR CURRENT. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APPLICATION OR OTHERWISE. SHOULD THE APPLICATION PROVE TO BE DEFECTIVE, YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

NO PARTY SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APPLICATION (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APPLICATION OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS, DOWN TIME AND USER’S TIME), EVEN IF ANY PARTY CONCERNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO DOWNLOAD, COPY OR USE THE APPLICATION OR (ii) ONE DOLLAR CDN ($1.00 CDN).

8. DAMAGES ARISING OUT OF YOUR ACTIONS

You shall defend and hold the Parties harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your use of the Application, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this Agreement.

9. TERMINATION

Without prejudice to any other rights, the Licensor may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or the 680News Terms or for any other reason upon delivery of notice. In such event, you must destroy all copies of the Application and all of its component parts and associated documents.

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the Licensor relating to the Application and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Application or any other subject matter covered by this Agreement. The headings in this agreement are for convenience and reference only and do not effect the interpretation of this Agreement.

11. SEVERABILITY CLAUSE

To the extent the terms of any of the Licensor’s policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall prevail. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).

12. GOVERNING LAW

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You and the Licensor irrevocably submit(s) to the jurisdiction of the courts of the Province of Ontario and further agree(s) to commence any litigation, which may arise hereunder in the courts of Ontario. You hereby waive any right to a trial by jury.