Digital Copyright Canada

Who says only software can be licensed?

tOM ;-)

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Wired Issue 9.10 - Oct 2001 http://www.wired.com/wired/archive/9.10/rlm.html

Reader License Agreement

IMPORTANT! READ CAREFULLY BEFORE BREAKING SEAL: This Reader License 
Agreement (the Agreement) is a binding legal agreement between you and 
Condé Nast Publications Inc., publisher of Wired magazine. By tearing the 
perforated seal, you agree to be bound by the terms of this Agreement. Your 
agreement constitutes an acknowledgment that you have read this Agreement, 
understand it, and are bound by its terms and conditions. If you do not 
agree to the aforementioned terms and conditions, do not tear the 
perforated seal. 

Covering the seal with adhesive tape may keep you from inadvertently 
entering into the Reader License Agreement. However, Wired magazine will 
not be held liable for accidental breakage of the seal and subsequent 
inadvertent entry into this Agreement. 

Any attempt to reseal the Agreement using any commercially available or 
privately mixed glue, mucilage, gum, paste, or cement with the intent to 
circumvent the terms of the Agreement is prohibited. 

GRANT OF LICENSE: Wired magazine hereby grants you a nonexclusive, 
nontransferable license to read the Article subject to the following terms. 

You may license only one copy of the Article for reading, defined as a real-
time activity in which the eyes scan one word at a time in sequence without 
repetition. You may read the Article at any time of day, using lightbulb 
ratings of your choice. You may read the Article at any location except 
under circumstances that might interfere with the opportunity for other 
readers to glimpse your copy. You may allow someone else to read the 
Article only with periodic interruptions to suggest that the person obtain 
his or her own Reader License. Reading will take place only in a manner 
that complies with all applicable laws in the jurisdictions in which the 
reading takes place. Reading will not take place during the commission of 
unlawful acts, including, but not limited to, armed robbery, narcotics 
sale, flag burning, and terrorist activities. You may read the Article any 
number of times, provided the words are scanned sequentially rather than in 
a repetitive pattern conducive to memorization. Memorization in excess of 
two consecutive sentences is grounds for termination of your license to 
read the Article. 

You may read the Article only for private, noncommercial use. You may not 
read the Article aloud or as part of a dramatic monologue. You may not read 
it to provide, or as part of, any commercial product or service. You may 
not use it in a PowerPoint presentation for any purpose - ever. 

Your license to read the Article expires 30 days after acceptance of the 
Reader License Agreement, as indicated by tearing the perforated seal, 
after which the printed ink may fade in such a way that the words may cease 
to be legible. In this case, purchasing another license will be your sole 
remedy. 

Any graphic elements appearing in proximity to the text of the Article, 
including but not limited to photos, diagrams, captions, and 
advertisements, are included for viewing at your option. If you choose to 
view such elements, such use will be governed by a separate Graphical 
Elements Viewer Agreement, with all the rights and restrictions that 
pertain to such use. The Agreement prohibits any use of these elements 
aside from viewing in the context of the Article, including, but not 
limited to, interpersonal communication, modifications of the Article, 
creation of new articles, and drawing eyeglasses, mustaches, scars, and 
pimples on portrait photographs. 

LICENSE RESTRICTIONS: In no event may you transfer, assign, rent, lease, 
sell, or otherwise dispose of the Article on a temporary or permanent basis 
except as expressly provided herein. You may not modify, translate, parse, 
or reverse-engineer the Article. You may not remove any proprietary notices 
or labels. You may not post the Article to any Internet or intranet site 
not maintained by Wired magazine. Any such forbidden use shall immediately 
terminate your license to read the Article. 

You may not read the Article in conjunction with any device, program, or 
service designed to circumvent technological measures employed to control 
access to, or the rights in, a content file or other work protected by the 
copyright laws of any jurisdiction. 

You may not copy the Article except for backup or archival purposes and 
during special promotional opportunities, in which case you will accept 
responsibility for the surrender of remuneration and user data to Wired 
magazine. 

COPIES: You may make a single, personal hard copy of the Article for backup 
or archival purposes, provided that any copy contains the original 
Article's proprietary notices. You may make a personal copy using a 
photocopier with the following limitations: (a) all pages must be 
reproduced, (b) all advertisements must be included in their original 
positions, including but not limited to facing and backing pages, (c) the 
first page must be a copy of Wired magazine's October 2001 issue cover in 
which the Article was first published, and (d) all pages must be bound 
using a stapler or other binding device. 

Standard photographic equipment may be used to produce a personal copy 
provided that color equipment is used and that all pages are reproduced at 
their original size. In this case, the resulting negatives belong solely to 
Wired magazine and negatives must be surrendered within 48 hours of 
developing. 

A fax transmission is considered a personal copy if the receiving fax 
machine is less than 50 miles from the transmitting fax device. Otherwise, 
it is considered a distribution copy and is expressly prohibited by this 
Agreement. 

A personal copy may be drawn by hand using a pen, pencil, stylus, or 
crayon. Wired magazine is not responsible for repetitive stress injuries 
that may occur as a result of making such a copy. 

You may make a single personal digital copy of the Article using a scanner, 
digital camera, or word processor for storage or archival purposes with the 
following limitations: (a) you must apply a digital signature to the file 
that is unique, descriptive, and specific to you, and (b) you must deliver 
a hard copy of that signature to Wired magazine within 30 days of 
reproducing the Article. In no event may you email, attach to email, upload 
to a Web page, download to a floppy, rent, lease, sell, or otherwise change 
the fonts of this personal digital copy. 

A personal copy cannot be stored farther than 50 miles from the location of 
the original copy. Such a copy is for your own use only and may not be 
distributed to third parties or displayed outside your normal circle of 
family and social acquaintances. Any other copying, redistribution, 
retransmission, or publication of the Article is strictly prohibited 
without the express written consent of Wired magazine. 

SUBSEQUENT EXPRESSIONS: You agree to grant to Wired magazine an exclusive, 
royalty-free, worldwide, perpetual license to use any personal expressions 
that arise from the reading of the Article, such as letters to the editor 
but also including sudden intakes of breath, fits of pique, and fainting 
spells. Wired magazine has the right to sublicense, reproduce, distribute, 
transmit, create derivative works of, publicly display, and publicly 
perform any materials and other information including but never limited to 
ideas contained therein, by all means, in any media now known or hereafter 
developed throughout this known universe or any other to be discovered yet. 
You also grant to Wired magazine the right to use your name in connection 
with submitted materials and other information as well as in connection 
with all advertising, marketing, and promotional material related thereto. 
You agree that you shall have no recourse against Wired magazine or its 
editors for any alleged or actual infringement or misappropriation of any 
proprietary right in your communications to us. 

WARRANTY AND INDEMNIFICATION: You assume total responsibility and risk for 
your reading of the Article. Wired magazine does not guarantee or warrant 
the veracity or utility of information, facts, and perspectives contained 
within the Article. It is solely your responsibility to evaluate the 
accuracy, completeness, and usefulness of all facts, opinions, advice, and 
other information provided through the Article. Wired magazine does not 
make any express or implied warranties, representations, or endorsements 
whatsoever (including without limitation warranties of names, titles, 
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does not warrant that your reading experience will be uninterrupted or 
error-free, or that defects in the Article will be corrected. The Article 
and all ancillary elements are provided on an as-is basis. 

You agree to indemnify, defend, and hold harmless Wired magazine, its 
parent, subsidiary, and affiliated entities, and the editors, officers, 
directors, employees, agents, licensors, suppliers of each of them, and any 
third-party information providers to the Article from and against all 
losses, expenses, damages, and costs, including reasonable attorney fees, 
resulting from any action you may take as a result of reading the Article. 
In no event will Wired magazine be held liable for incidental, 
consequential, or indirect damages (including, but not limited to, damages 
for business interruption, loss of eyewear, and general annoyance) arising 
out of reading the Article or its disappearance subsequent to the 
termination of your license, should Wired be able to accomplish such 
disappearance, or any claim attributable to errors, omissions, or other 
inaccuracies in the Article or ancillary elements. Wired magazine is not 
responsible for any harm, damage, or distress that may result from reading, 
including, but not limited to, eyestrain, persistent ignorance, and credit 
card debt. 

You understand further that the Article may contain materials that may be 
offensive to you, and that, in some cases, such offense is intentional. You 
agree to access such materials at your own risk. Wired magazine accepts no 
responsibility whatsoever for your reaction to such materials. 

MISCELLANEOUS: Because some states do not allow the exclusion or limitation 
of liability for consequential or incidental damages, the above limitations 
may not apply to you. In such states, Wired magazine's liability is limited 
to the greatest extent permitted by law, subject to our legal team's 
ability to extend a rope ladder even into hell to pull us out of trouble. 

Wired magazine and Condé Nast Publications Inc. reserve the right to 
distribute the Article in other venues and to charge you a licensing fee 
even if you have already paid for another copy. You agree that you will not 
do anything to circumvent or defeat the features designed to stop further 
reading after this license expires. 

Wired magazine may modify the Agreement at any time, and such modifications 
will be effective immediately. Your continued access to and use of the 
Article shall be deemed your conclusive acceptance of the modified 
Agreement. 

Any failure to comply with the above terms will result in immediate 
disintegration of the Article into a fine pulp. The remaining bits, pieces, 
scraps, or fine powder may be used for any purposes other than the making 
of an article. 

---- Quidquid latine dictum sit altum viditur ----
   ,__@	tOM Trottier +1 613 860-6633 fax:231-6115
 _-\_<,	758 Albert St.,Ottawa ON Canada K1R 7V8
(*)/'(*)		ICQ:57647974 N45.412 W75.714
"They that can give up essential liberty to obtain a 
little temporary safety deserve neither liberty nor 
safety." -- Benjamin Franklin

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