Bell Express Vu previously sent you a letter relating to both your purchase of equipment that is designed to obtain unauthorized access to Bell Express Vu’s programming and your registration on a website that provides information and other services to individuals who are interested in pirating Bell Express Vu’s programming. A copy of that letter is enclosed for your reference.
We have not yet received a response to our initial letter. We have therefore retained the services of a personal service company to personally deliver this documentation to you.
Bell Express Vu remains willing to resolve this matter informally rather then commence a legal proceeding against you. In return for your cooperation, Bell Express Vu is willing to settle its claims on substantially the same terms as set forth in the original letter, provided that the settlement amount has been adjusted to $2000 to reflect the additional costs incurred by Bell Express Vu in personally serving you with this documentation.
Should you fail to respond to this letter or should you choose to reject Bell Express Vu’s settlement offer, please be advised that Bell Express Vu will take appropriate steps to protect its rights, including initiating legal proceedings in court seeking the award of damages and other relief.
To accept this offer and avoid any further legal action by Bell Express Vu, you must do each of the following on or before 5:00 pm Eastern Standard Time, July 16th 2007:
1. Deliver to Bell Express Vu a certified cheque, bank draft or money order in the amount of $2000.00 on account of damages.
2. Deliver to Bell Express Vu all illegally modified Access Cards, FTA receivers or other satellite signal theft equipment or devices in your possession, custody or control.
3. Complete sign and return to Bell Express Vu the enclosed two copies of the Settlement Agreement. Please note that the Settlement Agreement enclosed is a revised version of the previous Settlement Agreement sent to you in our initial letter. Accordingly, please only sign the copies of the Settlement Agreement enclosed in this letter.
Each of these is to be delivered to the following address:
Bell Express Vu Limited Partnership
Attention: Broadcast Security Office
Suite 300
100 Wynford Drive
Toronto, Ontario
M3C 4B4
Please reference your case number (page 1 of this letter) when you call or email us.
Please be advised that Bell Express Vu Customer Representatives will not be able to handle any inquires regarding this matter. Please direct any and all future inquiries to the Bell Express Vu Broadcast Security Office at 1-800-472-4359 or
[email protected].
Thank you for your immediate attention to this matter.
Sincerely
Bell Express Vu Limited Partnership
Broadcast Security Office
Settlement Agreement and Mutual release
This settlement agreement and Mutual Release (“Agreement”) is dated as of June 15th, 2007 (the “Effective Date”) and is made between Bell Express Vu Inc, in its capacity as a general partner Of Bell Express Vu Limited Partnership (“Express Vu”) and XXX XXXXX, a resident of the Province of XXXX (“End-User,” and with Express Vu, the “Parties”)
Recitals
WHEREAS Express Vu operates a digital television service in Canada (the :Express VU Service”) and possesses a proprietary interest in distributing the Express Vu Service securely only to those subscribers who pay to use it;
WHEREAS Express Vu invests substantial sums of money to design, engineer, and maintain a complex conditional access system employed to prevent unauthorized viewing of the Express Vu Service;
WHEREAS Express Vu has made certain claims against End-User alleging that, prior to the Effective Date, End-User has purchased, possessed, and illegally used hardware and/or software to circumvent Express Vu’s conditional access system and to use the Express Vu Service without payment to or proper authorization from Express Vu (the “Claims”).
Terms of Agreement
NOW THERFORE, in consideration of the mutual promises and covenants contained herein (including the above recitals), the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. End-User agrees to pay Express Vu the amount of $2000.00. Upon execution and delivery of this Agreement, End-User shall deliver to Express Vu at the address provided in Section 11 below, a cheque payable to :Bell Express Vu Limited Partnership” in the amount of $2,000.00.
2. End-User will:
(a) deliver to Bell Express Vu no later then ten days after the Effective Date, the End-Users sole expense and at the address provided in Section 11 below, all hardware and software in End-User’s custody and/or control which is adapted to circumvent Express Vu’s conditional access system and/or to receive and/or to use Express Vu Service without payment to Express Vu;
(b) Cooperate fully with Express Vu and provide Express Vu with all information in End-User’s possession regarding the unauthorized use of the Express Vu Service; and
(c) Not, at any time in the future, access or attempt to access the Express Vu Service without proper authorization from and payment to Express Vu.
3. The parties agree that any breach of any of the terms and conditions set forth in Sections 1, 2 or 8 of this Agreement will constitute a material breach of this Agreement. The parties further agree that it would be difficult to calculate the damages suffered by Express Vu if End-User fails to comply with each term and condition of this Agreement. Accordingly, if End-User fails to materially comply with the terms of this agreement (other than the terms contained in Section 1, above), End-User will pay Express Vu $5,000.00 in liquidated damages.
4. In return for the consideration stated in Sections 1 and 2, above, Express Vu hereby fully releases and forever discharges End-User form any and all civil claims, demands, injuries and causes of action, for damages or equitable relief, based upon the Claims (the “Release”). The Parties understand and specifically agree that the Release does not include or release (a) any obligation under this Agreement; (b) any claims that occur after the Effective Date; (c) any claims that End-User has trafficked in goods and/or services for unauthorized access to subscription television programming; and (d) any claims from persons or entities other then Express Vu, specifically including prosecution for violation of criminal law.
5. In return for the Release, End-User hereby fully releases and forever discharges Express Vu, its affiliates ( as that term is defined in the Canada Business Corporation Act) and their respective directors, officers, employees and agents from any and all claims, demands, injuries and causes of action, for damages or equitable relief, based upon the events leading to the execution of this Agreement including the Claims, the investigation of the Claims, and the negotiation and settlement that has resulted in this Agreement.
6. This Agreement is entered into for the sole purpose of resolving this dispute between the Parties and nothing herein is intended to be or shall constitute an admission of wrongdoing or of an illegal act.
7. Nothing in this Agreement prevents Express Vu from taking legal action against End-User with respect to the Claims or otherwise if End-User fails to meet all of the obligations set forth in Sections 1 or 2, above, or otherwise breaches any term of this Agreement.
8. End-User agrees to keep the terms and conditions of this Agreement strictly confidential and not to release or disclose the terms and conditions of this Agreement to any third party other then End-User’s legal representative and/or as may be required by law.
9. No breach of this Agreement can be waived unless it is in writing.
10. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of XXXX and federal laws of Canada applicable therein. End-User hereby consents to personal jurisdiction and venue in the Province of XXXX for any action arising from in any way related to this Agreement, including but not limited to enforcement thereof.
11. All notices related to this Agreement shall be in writing and shall be delivered either by hand or by a common postal carrier to the Parties, addressed to the Parties as specified in this Section 11 or at such other address as shall be designated by such Party in a subsequent writing. Any notice hereunder shall be deemed provided upon delivery to the Party’s address.
