SOFTWARE LICENSE AND SERVICE AGREEMENT
IMPORTANT - BY CHECKING THE BOX BELOW YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.
1. Licensed Software and Service Description, Acceptance. Bell Canada makes available to you certain remote control software (the "Licensed Software"), which enables Bell Canada and its agents to provide certain support services to you, including taking temporary control of your personal computer and software in its attempt to troubleshoot and repair your service related problems (the "Service"). Neither the Software nor the Service will and are not intended to protect your computer from any virus, spyware and malware that may affect your computer at any time following the end of the session. Bell Canada will not be responsible for any corrupted data, files or viruses which affect you or your computer. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption.
By clicking on the "I Agree" button below, you acknowledge that you have read, understand and agree to be bound by this Software License and Service Agreement and any other additional terms, policies and practices that are displayed to you or to which you may be directed in connection with the Licensed Software and the Service, each as may be amended by Bell Canada from time to time (collectively, the "Agreement"). "You" and "Yours" means you and every person who uses the Licensed Software and the Service.
2. Access, Your Responsibilities. You acknowledge and agree that in order to provide the Service to you Bell Canada or its agents will access, take control of and make changes to your personal computer and/or software by remote control, including the modification to Internet-related software settings, installation and where applicable, de-installation of certain software and you hereby consent to such actions.
3. Software License. Bell Canada and its suppliers hereby grant you a nonexclusive, nontransferable right to use the Licensed Software for your private use on your computer in your residence. Your right to use the Licensed Software shall be subject to the terms and conditions set forth in this Agreement.
4. Restrictions. Except as specifically permitted in this Agreement, you shall not have the right to: (a) copy the Licensed Software; (b) sublicense or permit simultaneous use of the Licensed Software by more than one user; (c) resell, rent, lease, transfer, distribute, or otherwise provide the Licensed Software to a third party; (d) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Licensed Software; or (e) remove any copyright notice or any proprietary trade or service marks or notices from the Licensed Software or any related documentation.
5. Backup. Before installing the Licensed Software, please close all applications running on your computer. It is your responsibility to back-up all existing computer files by copying them to another storage medium prior to the installation of the Licensed Software. Bell Canada, its affiliates, agents and suppliers shall have no liability whatsoever for any damage or loss to data or peripherals.
6. Privacy and Security. The public internet and third party networks will be utilized to provide the Licensed Software and the Service to you. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Bell Canada is not responsible for any lack of privacy or security which may be experienced with respect to the provision of the Licensed Software and the Service to you, including as a consequence of your failure to adequately safeguard your system.
7. User Information; Recording; Other Information. You hereby acknowledge that Bell Canada, affiliates and agents may retain and use any information, comments or ideas conveyed by you relating to the Licensed Software and the Service. This information may be used to provide you with better service. The desktop sharing session may be recorded for quality assurance purpose. Further, by using the Licensed Software and the Service, Bell Canada may be sent information regarding your account and the configuration of your computer. This information will only be used for the purpose of configuring your computer for use with Bell Canada's internet access services and to assist Bell Canada in addressing any technical questions which may arise in providing the service to you. In addition, Bell Canada may use this information to create aggregated information (information which does not include any personally identifiable information about you) that may be used to improve the service Bell Canada provides to you, and to determine and disclose the aggregate number of customers that have used the Licensed Software and the Service. You hereby agree to the disclosure of the above referenced information to Bell Canada, its affiliates and agents and grant to Bell Canada the right to use this information in the manner set forth above.
8. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND THE SERVICE ARE PROVIDED BY BELL CANADA, ITS AGENTS AND SUPPLIERS ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND THAT BELL CANADA, ITS AGENTS AND SUPPLIERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE LICENSED SOFTWARE AND THE SERVICE. ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED. YOU ARE RESPONSIBLE FOR THE COMPATIBILITY OF THE LICENSED SOFTWARE AND THE SERVICE WITH ANY EQUIPMENT, SOFTWARE, SERVICES AND/OR OTHER MATERIALS NOT PROVIDED BY BELL CANADA PURSUANT TO THIS AGREEMENT (THE "THIRD PARTY EQUIPMENT AND SERVICES"). BELL CANADA DISCLAIMS ALL RESPONSIBILITY FOR DETERMINING COMPATIBILITY BETWEEN THE LICENSED SOFTWARE, THE SERVICE AND THE THIRD PARTY EQUIPMENT AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BELL CANADA, ITS AGENTS AND SUPPLIERS DO NOT WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY, SECURITY, ERROR-FREE OR UNINTERRUPTED OPERATION OR USE OF THE LICENSED SOFTWARE AND THE SERVICE OR THAT THE LICENSED SOFTWARE AND THE SERVICE OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BELL CANADA, ITS AGENTS OR ANY OF ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY GENERAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, LOSS OF USE OR LOSS OF DATA, ON ACCOUNT OF ANY ACT OR OMISSION OF BELL CANADA, ITS AGENTS, SUPPLIERS OR THEIR REPRESENTATIVES RELATED IN ANY WAY TO THE LICENSED SOFTWARE AND THE SERVICE PROVIDED HEREUNDER OR THIS AGREEMENT. THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.
10. Indemnity. You agree to defend, indemnify and hold Bell Canada, its affiliates, agents and suppliers, harmless from any and all liabilities, expenses and other amounts related to any violation of this Agreement by you or any user of your account, or in connection with your or their use of the Licensed Software and the Service.
11. No License; Intellectual Property of Bell Canada and Others. Bell Canada, its affiliates and its suppliers, as applicable, own all rights, title and interest in and to the Licensed Software and the Service. Except as expressly provided, nothing herein or within the Licensed Software and the Service shall be construed as conferring any license under any of Bell Canada's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
12. Amendments. Bell Canada may at any time and from time to time upon notice to you and without your consent amend or modify the Agreement or any part thereof or features or other aspects of the Licensed Software and/or the Service. Bell Canada will notify you of any amendment or modification to the Agreement or any material change to the Licensed Software and/or the Service in advance by posting notice of such change at www.bell.ca/agreements or by using any other notice method that will likely come to your attention. You agree to go to www.bell.ca/agreements periodically and to review this Agreement to be aware of such modifications. Nothing in the Agreement will be construed as obligating you to continue using the Licensed Software and the Service after any change is made to the Licensed Software, the Service or the Agreement; however, your sole remedy in the event that you do not wish to accept such change will be termination of the Agreement. Should you continue to use the Licensed Software and the Service after such change is effective, to the extent permitted by applicable law, such use will be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement will be required to accept such change.
13. Term and Termination. The term of this Agreement will continue until the end of the one-time session during which Bell Canada provides Licensed Software and the Service to you or until Bell Canada or you have de-installed the Licensed Software. Bell Canada may de-install the Licensed Software, terminate or suspend the Service and this Agreement at any time, including during the session, upon notice to you in its sole discretion. The accrued rights and obligations under this Agreement that by their nature or as specified under the Agreement are intended to continue beyond the termination of this Agreement until exhausted or fulfilled, will survive the termination of this Agreement, including without limitation Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12 and 14.
14. Miscellaneous. This Agreement and any other documents incorporated herein by reference or otherwise provided or made available to you in connection with the Licensed Software and the Service, as each or all may be amended from time to time, represent the entire agreement among you and Bell Canada with respect to the Licensed Software and the Service and supersede all prior agreements between you and Bell Canada. In the event of any inconsistency, the terms of this document will govern and prevail. Bell Canada may assign all or any portion of its rights and obligations under this Agreement to any affiliated entity without your prior written consent. You may not assign or transfer this Agreement. Any questions regarding the Agreement or notices to Bell Canada may be provided verbally by calling at 310-SURF (310-7873). Notices to you will be in writing and delivered by e-mail to the e-mail address provided to Bell Canada by you or by using any other notice method that will likely come to your attention. Bell Canada is a federally-regulated undertaking and as such the Agreement, including all matters relating to its validity, construction, performance and enforcement, will be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of the Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in the Agreement is declared to be void, invalid, in conflict with any such law or regulation, or otherwise unenforceable by a court of competent jurisdiction, that provision may be deleted or modified, without affecting the validity of the other provisions. Bell Canada's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Certain elements of the Licensed Software and/or the Service may be provided to you by third party service providers located outside of Canada and as such your use of the Licensed Software and the Service may be subject to the laws of foreign jurisdictions.
BY CHECKING THE BOX BELOW YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.