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	Presagis Newsletter

	* Presagis Internet Service Portal End User Agreement 1. Acceptance of Terms This PRESAGIS Internet Service Portal (“PISP”) End User Agreement (the “Agreement”) is a legal agreement between you, as the user of this PISP (“You”) and PRESAGIS (together the “Parties” and individually a “Party”). BY CLICKING ON “I AGREE” BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE PRESAGIS INTERNET SERVICE END USER AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ABIDE BY AND COMPLY WITH ALL TERMS, CONDITIONS AND NOTICES CONTAINED IN OR REFERENCED IN THIS AGREEMENT, AND THAT YOU HAVE THE AUTHORITY TO DO SO. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON "I DISAGREE" BELOW. If You do not agree to be bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between You and PRESAGIS and PRESAGIS shall have no obligation to supply the PISP to You. PRESAGIS reserves the right to make changes to this Agreement and recommends You review the terms accessible via the site on a regular basis. You further agree that your continued use of the PISP constitutes your acceptance of the terms of this Agreement, as revised. 2. Members Account This Agreement is for the personal use of the Member and this Agreement is not transferable to any other user or to any third party. All Members of the PISP shall receive a confidential password and an account. Each Member is entirely responsible for any and all activities which occur under his account whether authorized or not authorized. Member agrees to notify PRESAGIS of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of PRESAGIS. 3. Terms and conditions of use PRESAGIS reserves the right to discontinue or modify the PISP at any time without notice to You. AS A PRECONDITION FOR YOUR USE OF THE PISP, YOU MUST BE A PARTY IN GOOD STANDING TO A CURRENT, VALID PRESAGIS END-USER/SOFTWARE LICENSE AGREEMENT WITH PRESAGIS, AS APPLICABLE. AS APPLICABLE, THE PISP MAY BECOME INACCESSIBLE AT ANY TIME WITHOUT NOTICE. You agree to be governed by any additional terms and conditions that may apply to You arising out of your accessing, browsing and/or using of this PISP site, whether contained on this PISP site. You agree to comply with the terms and conditions of the PRESAGIS End-User/Software License Agreement between You and PRESAGIS relating to your use of the PRESAGIS software on any PRESAGIS software provided to You, as well as the terms and conditions of any other agreement between You and PRESAGIS, or between You and your third party provider of PRESAGIS software, and nothing herein shall release You from any obligations contained in such agreements. IN CONSIDERATION OF YOUR USE OF THE PISP, YOU AGREE TO: (A) PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF WHERE REQUIRED BY PRESAGIS, INCLUDING WITHOUT LIMITATION, YOUR ACCOUNT AND BILLING INFORMATION (SUCH INFORMATION BEING THE "PERSONAL DATA") AND (B) MAINTAIN AND PROMPTLY UPDATE THE PERSONAL DATA TO KEEP IT TRUE, ACCURATE, CURRENT AND COMPLETE. FAILURE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE PERSONAL DATA TO PRESAGIS MAY RESULT IN DELAYS OR NON-PERFORMANCE OF THE PISP FOR WHICH PRESAGIS IS NOT RESPONSIBLE. You are responsible for all activities undertaken by You using the PISP. All such activities are at your own risk. You shall not use, nor permit others to use, the PISP or any PRESAGIS services provided to You in a manner or for a purpose contrary to this Agreement. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify PRESAGIS of any unauthorized use of your password or account or any other breach of security. 4. Disclaimer Regarding Accuracy of PISP Information While PRESAGIS makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. In the event of any conflicting terms or information on the PISP, your original Software License Agreements and the applicable Terms and Conditions of sales and licensing with PRESAGIS shall take precedence over any other terms and conditions regarding the use of the PISP. 5. Prohibited Uses You agree that You will not use the PISP in any manner which could damage, disable, overburden, or impair this site and/or any PRESAGIS services (or the network(s) connected to such site or services) or interfere with any other party's use of the PISP and/or other PRESAGIS services. You will not attempt to gain unauthorized access to the PISP and/or any PRESAGIS service, other accounts, computer systems or networks connected to or accessed through the PISP, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through the PISP. The PISP may include e-mail services and/or other message or communication facilities designed to enable You to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service rendered using the PISP. PRESAGIS reserves the right but is not obliged to review materials posted to or sent through a Communication Service and may remove any materials in its sole discretion. PRESAGIS does not control or endorse the content, messages or information found in any Communication Service and, therefore, PRESAGIS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. PRESAGIS reserves the right to disclose any information including data about You, as PRESAGIS deems necessary to satisfy any applicable law, regulation, legal process or police, security service, regulator or governmental request. 6. International Use The PISP may be accessed globally, however, You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of controlled goods or technical data exported from or imported to Canada or the country in which You reside. Notwithstanding the foregoing, PRESAGIS makes no representation that the PISP is appropriate or available for use in any locations. Use of the PISP to access data or content that are illegal to access under the laws of the territory from which the PISP is being accessed is prohibited under this Agreement. 7. Government End Users The PISP and PRESAGIS Software are "Commercial Items", as defined by the different laws in effect in the different countries, including the US law, 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. 8. Use of Communication Services You agree that PRESAGIS may establish limits, including by providing a notice on the PISP website, concerning use of any services (including Communication Services) offered on this PISP site, including without limitation, the maximum disk space that will be allotted on PRESAGIS's servers on your behalf, and the maximum number of times and duration You may access the PISP in a given period of time. PRESAGIS reserves the right to change the foregoing limitations without notice. PRESAGIS will use reasonable care and skill in providing the Communications Services but cannot and does not guarantee that the Communications Services will be continuous, uninterrupted, timely, secure or error-free. For example, PRESAGIS needs to periodically fix software bugs, install updates and do general diagnosis and maintenance of the PISP, which will limit PRESAGIS’s ability to provide the Communication Services. PRESAGIS also needs to be able to do emergency maintenance and/or suspend access to the PISP and its servers. 9. Disclaimer of Warranties EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, THE PISP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND AT YOUR SOLE RISK, WITHOUT WARRANTY OF ANY KIND BY PRESAGIS. PRESAGIS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE PISP, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. EXCEPT AS EXPRESSLY PROVIDED HEREIN ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE OR NON-PERFORMANCE OF SOFTWARE, PERFORMANCE OF SERVICES AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. 10. Limitation of Liability EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU SPECIFICALLY AGREE THAT PRESAGIS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU SPECIFICALLY AGREE THAT PRESAGIS IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, INTANGIBLE AND INDUSTRIAL RIGHTS. YOU SPECIFICALLY AGREE THAT PRESAGIS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION VIRUSES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT SHALL APPLY: (A) WHETHER AN ACTION, CLAIM OR DEMAND ARISES FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY LIABILITY CONNECTED WITH OR ARISING OUT THIS AGREEMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE PISP IS PROVIDED TO YOU WITHOUT DIRECT PAYMENT TO PRESAGIS AND THAT ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, (1) YOU MAY NOT RECOVER ANY DAMAGE AGAINST ANY PRESAGIS IN RELATION TO THE PROVISION, USE, PERFORMANCE OR NON-PERFORMANCE OF THE PISP OR ANY PORTION THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND (2) YOU AGREE THAT IN NO EVENT SHALL PRESAGIS BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO CLAIM ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS OR REVENUES AND LOSS OF DATA. THE FOREGOING DISCLAIMER SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PISP OR ANY PART THEREOF. IN NO EVENT SHALL PRESAGIS’S LIABILITY HEREUNDER EXCEED USD 1,000. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATION THE PROVISION OF THE PISP WITHOUT DIRECT PAYMENT TO PRESAGIS AND OTHER TERMS SET FORTH IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT AND COULD IMPACT PRESAGIS´S ABILITY TO OFFER THE PISP AND YOUR ABILITY TO USE THE PISP. 11. Indemnification You shall defend, indemnify, and hold harmless PRESAGIS from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by PRESAGIS in connection with all claims, suits, judgements and causes of action: (i) for infringement of intellectual property right or other proprietary rights arising from your combining with or using any device, system or service in connection with the PISP or any portion thereof, (ii) for damages arising from your breach of any provision of this Agreement. No remedy herein conferred upon PRESAGIS is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement pursuant to Section 13, You shall pay to PRESAGIS all attorney fees, collection fees, and related expenses, expended or incurred by PRESAGIS in the enforcement of any right or privilege hereunder .The foregoing indemnity shall apply to PRESAGIS and its respective directors, officers, employees and independent contractors. 12. Intellectual Property Rights Neither You nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including intangible, industrial, patents, designs, trademarks, copyright, trade-secrets or moral rights, relating to the contents of this site, including without limitation, software and information. Any rights not expressly granted herein are reserved. Use of the PISP is only licensed to You as expressly set out herein, and the site allowing You access to the PISP is protected by Canadian, U.S. and international copyright laws and international treaty provisions. You may not print, copy, reproduce, distribute, translate, modify or in any other manner duplicate any software or other materials provided to You in conjunction with the PISP, in whole or in part. You do not have the right to obtain or use any source code for any software provided to You in conjunction with the PISP, and You may not reverse engineer or disassemble any products or accessories provided to You in conjunction with the PISP, or translate, reverse engineer, decompile or disassemble, or otherwise attempt to derive the source code of any software provided to You in conjunction with the PISP. You agree that nothing in this Agreement shall affect any rights and recourse to any remedies that PRESAGIS may have under any applicable laws relating to the protection of PRESAGIS’s intellectual property or other proprietary rights, including industrial, intangible, patents, designs, trademarks, copyrights, trade secrets or moral rights. 13. Duration and Termination This Agreement shall begin upon acceptance of the PISP End User Agreement by You. This Agreement has no specific term and it may be terminated without notice at PRESAGIS’s discretion or as set out in this Section. This Agreement shall end, without further notice: (a) upon expiry or termination of your agreement(s) with PRESAGIS or any third party that provides you with PRESAGIS products and services, as applicable, (b) upon expiry or termination of your PRESAGIS End-User/Software License Agreement with PRESAGIS, (c) if You are in default of any obligation under this Agreement or under the PRESAGIS End-User/Software License Agreement, or (d) if PRESAGIS decides at its sole discretion to stop operating this PISP, whichever first occurs. If the PISP is used in a way deemed by PRESAGIS to violate this Agreement, PRESAGIS or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including email services). PRESAGIS reserves the right to investigate suspected violations of this Agreement. Upon termination of any account You may have with PRESAGIS, You authorize PRESAGIS to delete any files, programs, data and email messages associated with such account. You agree that nothing in this Agreement shall affect any rights and recourse to any remedies, including without limitation interim, interlocutory, injunctive and other equitable relief, or other remedies that PRESAGIS may have under any laws. 17. Governing Law and Dispute Resolution This Agreement is to be governed by and construed in accordance with the laws of the Province of Quebec, Canada. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are hereby excluded in their entirety from application to this Agreement. If You (1) live in a jurisdiction that does not have copyright legislation in force, or (2) live in a jurisdiction for which copyright legislation in force does not apply to software, then, in addition to any other obligations You may have under the applicable law in your jurisdiction, You expressly agree that the Copyright Act of Canada shall be deemed to apply to You and your use of the PISP. 18. Language The parties expressly agree that all performance under this Agreement and the resolution of disputes shall be conducted in the English language. It is the express wish of the parties that this Agreement and/or any related documents be drawn up in the English language. Il est de la volonté expresse des parties que le présent contrat et/ou tous les documents qui s’y rattachent soient rédigés en langue anglaise. 19. General Provisions Except as otherwise specifically stated in this Agreement, the provisions herein are for the benefit of the Parties and not for any other person or entity. PRESAGIS may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written consent of PRESAGIS (such consent may be withheld or conditioned at PRESAGIS’s discretion). PRESAGIS may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and PRESAGIS with respect to the PISP and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and PRESAGIS with respect to the PISP. The failure of either Party to enforce, in any one or more instances any of the terms and conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition. I AGREE I DISAGREE
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