PressReader Software License Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE PRESSREADER 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 PRESSREADER AS AN INTEGRAL PART OF IT.

PressReader is designed and programmed by NewspaperDirect, Inc. NewspaperDirect and its suppliers own all intellectual property in the Software. NewspaperDirect 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 licence 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) NewspaperDirect 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 NewspaperDirect (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 licence (e.g. volume licence) granted by NewspaperDirect. "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. "NewspaperDirect" means NewspaperDirect, Inc., 200-13111 Vanier Place, Richmond, BC, Canada V6V 2J1.


2. Software Licence

As long as you comply with the terms of this Software Licence Agreement (this "Agreement"), NewspaperDirect grants to you a non-exclusive licence 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 NewspaperDirect for viewing newspapers in, including but not limited to an offline environment. You are not authorised to integrate or use the Software with any other software, plug-in or enhancement.


3. Intellectual Property Ownership, Copyright Protection

The Software and any authorised copies that you make are the intellectual property of and are owned by NewspaperDirect, Inc. and its suppliers. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of NewspaperDirect, 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 NewspaperDirect 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 "greyed out" (the "Document Features"). The Document Features will only activate when enabled by NewspaperDirect 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, sublicence, assign or transfer your rights in the Software, or authorise 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 licence 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 licence to such previous version in order to use such Update. All Updates are provided to you on a licence 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 NewspaperDirect 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 NewspaperDirect makes no warranty as to its use or performance. NEWSPAPERDIRECT 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, NEWSPAPERDIRECT 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 NEWSPAPERDIRECT 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 NEWSPAPERDIRECT 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. NEWSPAPERDIRECT'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 NewspaperDirect's liability to you in the event of death or personal injury resulting from NewspaperDirect's negligence or for the tort of deceit (fraud). NewspaperDirect 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 NewspaperDirect's Customer Support Department.


8. Governing Law

This Agreement and any operating rules for the e-paper Service, powered by NewspaperDirect 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 British Columbia, 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 British Columbia in the city of Vancouver. 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 authorised officer of NewspaperDirect. Updates may be licensed to you by NewspaperDirect with additional or different terms. This is the entire agreement between NewspaperDirect and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.


10. Miscellaneous

Either NewspaperDirect 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 authorised individual and/or organisation whom you authorised 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 NewspaperDirect please use the address and contact information included with this product to contact the NewspaperDirect office.

NewspaperDirect and PressReader are either registered trade marks or trade marks of NewspaperDirect, Inc. in Canada, the United States and/or other countries.