In order to use or enhance your use of the Rogers Hi-Speed Internet services (the "Services") you will need to install certain software, including Rogers Cable Communications Inc. ("Rogers") software, Yahoo! Inc. and its affiliates (collectively "Yahoo") software and certain Third Party Software. Prior to installing or using the current version of the Software you must first agree to the end-user license agreements below and any agreements that are displayed during installation. These end-user license agreements are legally binding contracts that should be read in their entirety. The installation process may be via a CD-rom or a web-based download process. "Software" means the Rogers Software, the Yahoo Software and the Third Party Software, collectively. "Third Party Software" means any third party software, including but not limited to software from Macromedia, Inc., Microsoft Corporation and Adobe Systems Inc., and the Optional Software.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of the end-user license agreements below. If you click on the "I Decline" button, you are not granted a license to install and use any of the Software.
This installation process contains optional Third Party Software you may wish to install, including Zone Alarm from Zone Labs, Inc. and TrueSwitch from Esaya Inc. ("Optional Software"). The Optional Software is licensed under separate end-user license agreements that you must agree to prior to installation. Declining to install the Optional Software will not impact your ability to use the Services, except that you may not be able to read or view certain documents without appropriate replacement software.
You acknowledge and agree that neither Rogers nor Yahoo is liable or responsible to you or any third party for the Software, or your use of the Software, including any Third Party Software that you may use or access while using the Services. Neither Rogers nor Yahoo accepts liability for or makes any representations, warranties or conditions regarding the Software, including without limitation, the Software's accuracy, suitability for a particular purpose, merchantable quality, whether it is free or will remain free, or otherwise. You bear the entire risk and cost associated with the use of the Software, including impaired performance of the Services or your computer if you install (or choose not to install) any of the Software. Any obligations of Rogers, Yahoo or any third party hereunder are several and not joint.
You acknowledge that the privacy policies of Rogers and Yahoo do not extend to information collected by third parties while you are on a third party web site. You agree that you are responsible for reviewing and consenting to any third party privacy policies before disclosing personal information to such third party.
During registration and installation of the Software, you agree that Rogers, Yahoo and the other licensors contemplated by this agreement may use or implement "session cookies" or "persistent cookies" to help you successfully complete the registration and installation process. Session cookies are used only during the registration and installation process and may override certain of your Internet browser settings. The session cookies are removed upon completion of the registration and installation process. A "session cookie" for purposes of this agreement is generally defined as a cookie with a small piece of text that is sent to your browser when you access a web site or server. The session cookie will be stored temporarily in your computer's RAM (random access memory). It is cancelled when you close your browser and the session is ended. The session cookie may be written to the temporary folders or cached on your computer, but will not permanently overwrite the browser or control settings on your computer. A "persistent cookie" for purposes of this agreement is generally a cookie with a small piece of text that is sent to your browser when you access a web site or server and is stored on your computer's disk.
ROGERS SELF HEALING SOFTWARE LICENSE AGREEMENT
ROGERS IS PLEASED TO PROVIDE TO ITS CUSTOMERS SELF HEALING SOFTWARE (INCLUDING ANY THIRD PARTY SOFTWARE THAT MAY BE CONTAINED THEREIN), ANY RELATED UPDATES AND SUPPORTING MATERIALS (IN PRINTED OR ELECTRONIC FORMAT) (TOGETHER "ROGERS SOFTWARE") FOR USE WITH THE SERVICES. AS A CONDITION OF USING THE ROGERS SOFTWARE, YOU AGREE TO ACCEPT AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT IN PART A OF THIS AGREEMENT ("ROGERS AGREEMENT"). ROGERS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE PORTIONS OF THIS ROGERS AGREEMENT AT ANY TIME WITHOUT YOUR CONSENT OR AUTHORIZATION. ROGERS WILL NOTIFY YOU OF ANY CHANGES TO THIS ROGERS AGREEMENT BY POSTING NOTICE OF SUCH CHANGES ON THE ROGERS WEBSITE OR BY SENDING NOTICE VIA E-MAIL OR POSTAL MAIL. YOUR CONTINUED USE OF THE ROGERS SOFTWARE FOLLOWING NOTICE OF SUCH CHANGE MEANS THAT YOU AGREE TO AND ACCEPT THIS ROGERS AGREEMENT, AS AMENDED. IF YOU DO NOT AGREE TO ANY SUCH CHANGE, YOU MUST IMMEDIATELY STOP USING THE ROGERS SOFTWARE AND YOU MUST COMPLY WITH THE OBLIGATIONS SET OUT IN SECTION 8 BELOW.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Rogers Agreement.
The following agreement ("Yahoo License Agreement") explains how you may use the Yahoo Software. "Yahoo Software" means the Yahoo software applications, documentation, local computer files and any updates furnished by Yahoo in its sole discretion. The Yahoo Software contains Third Party Software (as defined above) licensed from third parties that enables Yahoo Software to perform certain functions, including without limitation, to access proprietary data on third party data servers.
By clicking on the "I Accept" button, you acknowledge and agree that you have read, understand and agree to abide by the terms and conditions of this Yahoo License Agreement and you represent to Yahoo that you have attained the age of majority in your province or territory of residence.
The Yahoo Software is owned by Yahoo (or Yahoo's licensors) and is licensed to you on a worldwide, non-exclusive, non-transferable basis, subject to the limitations below. All rights not expressly granted to you are reserved by Yahoo. By installing the Yahoo Software, you agree to comply with the terms and conditions of this Yahoo License Agreement, applicable laws, regulations and any additional Yahoo policies and third party policies accompanying the data, products or services you may access using the Yahoo Software.
The Yahoo Software is protected by intellectual property laws (including copyright, and trademark laws), international treaties and/or other proprietary rights and laws of Canada, the U.S. and other countries. Without limitation, you will comply with applicable laws, as well as any additional copyright notices or restrictions contained in this Yahoo License Agreement. Yahoo and its licensors own all right, title, and interest in and to their applicable contributions to the Yahoo Software. This Yahoo License Agreement grants you no right, title, or interest in any Yahoo or third party intellectual property including but not limited to the Yahoo Software, Yahoo trademarks, and Third Party Software and creates no relationship between you and Yahoo (other than that of licensor and licensee) or Yahoo's licensors. All rights not expressly granted to you are reserved by their owners.
You agree to indemnify and hold the Yahoo Entities harmless from any claim or demand, including reasonable lawyers' fees, made by a third party arising out of your use of the Yahoo Software, your violation of any terms or conditions of this Yahoo License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
If the Yahoo Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo 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 Software License Agreement apply.
This Yahoo License Agreement is governed by the laws of the United States (as applied by federal courts sitting in the State of California) and of the State of California, except conflict of law rules. You consent to exclusive jurisdiction and venue in Santa Clara County, California and waive the defense of forum non-conveniens. The United Nations Convention on the International Sale of Goods does not apply to this Yahoo License Agreement.
If a court of competent jurisdiction finds any provision of this Yahoo License Agreement unenforceable, then the remainder of the Yahoo License Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
Yahoo's failure, in any instance, to exercise any of its rights under this Yahoo License Agreement will not constitute a general waiver of such or any other rights hereunder.
Yahoo may modify this agreement without your consent. We will notify you of modifications by posting change notices on our Web site or by sending notice via e-mail. Amendments are deemed effective on the earlier of thirty (30) days after notice of an amendment is posted, or immediately upon receipt in the case of notices sent to you. Your continued use of the Yahoo Software means you agree to the amendments. If you do not agree to any modification made to this agreement, you must immediately stop using the Yahoo Services and notify us, in accordance with Section 11 above, that you are terminating this Agreement.
This Yahoo License Agreement, the current versions of the End User Agreement and Yahoo Terms of Service constitute the entire understanding between the parties regarding use of the Yahoo Software and supersedes all prior or contemporaneous understandings. No amendment to this Yahoo License Agreement is binding unless made by an authorized representative of Yahoo acting in his or her official capacity. No third party constitutes an authorized Yahoo representative for this purpose. In the event of any conflict between the terms and conditions of this Yahoo License Agreement or current versions of the End User Agreement and Yahoo Terms of Service, the terms and conditions of this Yahoo License Agreement will control, except to the extent that the other Yahoo terms, conditions or policies impose additional restrictions and liabilities on your actions. Neither the course of conduct between us nor trade practice modifies any provision of this Yahoo License Agreement.
Sections 2b, 3, 5, 7 to 14, 16 and this Section 17 will survive any termination of this Yahoo License Agreement.
This Agreement allows you to:
You may not make or distribute copies of the Macromedia Product, or transfer the Macromedia Product from one hardware product or medium to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Macromedia Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Macromedia Product or any part thereof. You will not export or reexport, directly or indirectly, the Macromedia Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
The foregoing license gives you limited rights to use the Macromedia Product. You do not become the owner of, and Macromedia and its suppliers retain title to, the Macromedia Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Macromedia.
The Macromedia Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Macromedia including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Macromedia and you. You agree that Macromedia would not be able to provide the Macromedia Software on an economic basis without such limitations.
RESTRICTED RIGHTS LEGEND The Macromedia Software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Macromedia, Inc., 600 Townsend Street, San Francisco, CA 94103, Attention: General Counsel.
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product ("OS Product") described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING, OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OS PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY, OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS 98, MILLENNIUM EDITION, WINDOWS NT 4.0, WINDOWS 2000 OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THE FOREGOING OPERATING SYSTEMS (EACH AN "OS PRODUCT"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of the end-user license agreements above. If you click on the "I Decline" button, you are not granted a license to install and use any of the Software.