FROM ACOVAN

PLEASE READ THIS RIA LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING the COMARKER™ rich internet application (COMARKER). BY USING COMARKER™, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. FURTHER SIGNIFY YOUR AGREEMENT BY CLICKING THE “AGREE/ACCEPT” BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE COMARKER™. This is a legal contract. Subscribers agree to be bound by these terms whether signed or unsigned. Any subscriber who does not agree with these terms should immediately stop using comarker and cancel their subscription.

IMPORTANT NOTE: To the extent that the COMARKER RIA may be used to reproduce materials, it is licensed to you only for reproduction of materials you are legally authorized to reproduce.

1. General. COMARKER™ documentation and any fonts accompanying COMARKER™ are licensed, not sold, to you by ACOVAN Language Services Inc, (ACOVAN), for use only under the terms of this License, and ACOVAN reserves all rights not expressly granted to you. The rights granted herein are limited to ACOVAN’S intellectual property rights in COMARKER™ and do not include any other patents or intellectual property rights. ACOVAN and/or ACOVAN’S licensor(s) retain ownership of the program. The terms of this License will govern any application upgrades provided by ACOVAN that replace and/or supplement the original COMARKER™ Rich Internet Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.
A. Certain components of COMARKER™ have been or may be made available by ACOVAN on its Open Source web site (
http://www.opensource.COMARKER.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components, provided that: (i) the resultant COMARKER™ is used, in conjunction with COMARKER™; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. ACOVAN is not obligated to provide any maintenance, technical or other support for applications resulting from this open-source collaboration.

C. Except as and only to the extent permitted in this License and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of COMARKER™ or any part thereof. COMARKER™ IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF COMARKER™ COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense COMARKER™. You may however rent, lease, lend, redistribute, sublicense or transfer any application created through open-source collaboration as described under Section 2B above.

Complimentary Subscriptions: Notwithstanding other sections of this License, subscriptions to COMARKER™ provided to you on a promotional basis may only be used by you and may not be resold or transferred.

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ACOVAN if you fail to comply with any term(s) of this License. Upon the termination of this License agreement, you shall be denied all use of COMARKER™.

5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF COMARKER™ IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMARKER™ IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ACOVAN AND ACOVAN’S LICENSORS (COLLECTIVELY REFERRED TO AS “ACOVAN” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMARKER™ RIA, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ACOVAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF COMARKER™, THAT THE FUNCTIONS CONTAINED IN COMARKER™ WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF COMARKER™ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMARKER™ RIA WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACOVAN OR AN ACOVAN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD COMARKER™ PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACOVAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE COMARKER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ACOVAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ACOVAN’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Province of British Columbia, as applied to agreements entered into and to be performed entirely within Canada and the Province of British Columbia. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of COMARKER™ licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ACOVAN. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

12. Third Party Acknowledgements.
A. Portions of COMARKER™ may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for COMARKER™, and your use of such material is governed by their respective terms.

B. COMARKER™ includes certain software owned by the Free Software Foundation, Inc. (”FSF”) and licensed by ACOVAN. You may obtain a complete machine-readable copy of the source code for the FSF software under the terms of the GNU General Public License, without charge except for the cost of media, shipping, and handling, upon written request to ACOVAN. The FSF software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GNU General Public License is available from ACOVAN.

Subscribers agree to obey any applicable local, state, and/or federal laws pertaining to their Internet access and use of these services. Subscribers may be held legally liable for content and material located on their subscription accounts, including but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secret; pornography; obscene and/or defamatory content.

ACOVAN reserves the right to monitor any and all communication and activity which occurs through or on its servers to ensure adherence to these terms. ACOVAN reserves the right to prohibit, remove, and/or block access to any pages which contain hyperlinks to content or material deemed inappropriate as defined herein. ACOVAN reserves the right to prohibit, remove, and/or block access to any pages which primarily contain content or material which promotes or induces illegal activity.

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