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END USER LICENSE AGREEMENT


IMPORTANT! YOUR ACCESS TO THIS WEB SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEB SITE BY CLICKING BOTH THE “I AGREE” AND “SUBMIT” BUTTONS, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW.


This is an agreement (the “Agreement”) between you (“You”) and the Information and Communications Technology Council (ICTC) of Canada Inc. (“ICTC”). “We” and “Us” means both You and ICTC. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out above. Throughout this Agreement, the term “web site” shall mean all ICTC online tools and programs.


You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, if to You, to the email address You provided with your user account, or if to ICTC to info@ictc-ctic.ca or such other ICTC email address with which ICTC chooses to communicate with you. This electronic Agreement shall be the equivalent of a written paper agreement between Us. Further, You hereby consent to the exchange of information and documents between Us by telephone, facsimile, regular mail or any other similar means of communication for which you have provided Us with Your contact information.


1. Ownership and Copyright


You acknowledge that any and all information is the property of ICTC, including but not limited to, reports, data, databases, graphics, photographs, interfaces, web pages, text, files, software, audio, video, tool names, programs names, corporation names, trade-marks, logos and trade names contained on this web site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto.


ICTC acknowledges that the reports generated by You in WORKPLACE COMMUNICATION REPORT and the WORKPLACE COMPETENCIES REPORT are expressly excluded from the above-mentioned definition of ‘Content’.


2. Permitted Use


ICTC hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download the Content.


3. Restrictions on Use


Other than the exceptions to the definition of the term ‘Content’ specified in section 1 of this Agreement, (e.g., the WORKPLACE COMMUNICATION REPORT and the WORKPLACE COMPETENCIES REPORT) You agree that You will not:


  1. distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or

  2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of ICTC or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent that the restrictions are prohibited by applicable law.


4. License To Use Your Information


With the exception of personal information addressed below at section 5 of this Agreement, You hereby grant to ICTC the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to ICTC by e-mail or any other forms of correspondence or communication, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. ICTC shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by ICTC in writing or required by law. You represent and warrant that you have the right to grant the license set out above.


5. Personal Information


ICTC collects the personal information You provide in order to create the WORKPLACE COMMUNCATION REPORT and the WORKPLACE COMPETENCIES REPORT. Provided that it is in a form that does not personally identify You, ICTC may use this information for statistical purposes or to improve its programs, tools or resources for You. ICTC retains Your personal information for a reasonable length of time to carry out the purposes for which ICTC collects, uses and discloses your personal information. You hereby consent to such collection, storage, use and disclosure of your personal information by ICTC.


YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY ICTC BY SENDING A REQUEST VIA EMAIL TO INFO@ICTC-CTIC.CA.


6. Limitations on Liability and Disclaimers


THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND ICTC ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.


This web site and its Content are not to be construed as a form of promotion or an offer to sell any product or service. This web site may contain links to other sites. ICTC does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, ICTC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. Unless expressly indicated otherwise, a link to another site should not be construed to mean that ICTC is affiliated or associated with same or that ICTC recommends or endorses any of the content, including without limitation any hyper-links to or content found, on other web sites. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.


ICTC will not be responsible for any damages of any nature or kind whatsoever, including without limiting the generality of the foregoing, direct or consequential damages, that You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize ICTC to make, or for any errors or any changes made to any transmitted, stored or received information.


You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions. Although ICTC makes reasonable efforts to ensure the content of the web site is up to date, accurate and complete, ICTC does not guarantee or warrant that the content is accurate, up to date, complete or untampered, and your reliance on the Content is at your own risk.


The Content is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this web site is not intended to be used as a substitute for professional advice. It is your duty to obtain professional advice from a qualified professional to meet your specific needs.


Except as expressly provided in this agreement, this web site and all Content, products, services and software on this web site or made available through this web site are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise.


In no event will ICTC, its affiliates and the respective directors, officers or employees of ICTC and its affiliates, be liable for any damages of any nature or kind whatsoever including, without limiting the generality of the foregoing, damages or losses resulting from: (a) viruses, data corruption, failed messages, transmission errors or problems; (b) telecommunications service providers; (c) links to third-party web sites; (d) the use or inability to use this web site or the Content; (e) any other web site accessed to or from this web site; or (f) events beyond the reasonable control of ICTC.

In no case will ICTC’s, its affiliates’ and the respective directors’, officers’ or employees’ of ICTC and its affiliates cumulative total liability arising under any cause whatsoever be for more than the amount, if any, paid by You under this Agreement to access this web site, in the year in which the claim arose.


ICTC assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to you. ICTC is not responsible for any Content or information that you may find undesirable or objectionable. ICTC disclaims any liability for unauthorized use or reproduction of any portion of the web site. Accessing the Content from jurisdictions where it may be illegal is prohibited.


7. Termination and Survival


This Agreement is effective until it expires in accordance with its terms and conditions or is terminated by ICTC, with or without cause, in ICTC’s sole and unfettered discretion. ICTC may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by ICTC shall be without prejudice to such rights and remedies as may be available to ICTC, including injunction and other equitable remedies.


Despite anything contained in this Agreement to the contrary, the disclaimers, limitations on liability, ownership provisions and indemnities will survive the expiration and the termination of this Agreement and will continue in full force and effect without limitation.


8. Indemnity


You agree at all times to indemnify, defend and hold harmless ICTC, its affiliates and the respective directors, officers or employees of ICTC and its affiliates, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by ICTC directly or indirectly in respect of:


  1. any information or other content You provide on or through this web site or which is sent to ICTC by e-mail or other forms of communications; or

  2. Your use or misuse of the Content or this web site, including without limitation infringement claims.


9. Governing Law


ICTC is physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Ontario courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time.


10. Interpretation


The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. Any and all references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.


11. Entire Agreement


These terms and conditions and any and all legal notices on this web site constitute the entire agreement between You and ICTC with respect to the use of this web site and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on ICTC unless executed by ICTC in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.


12. Severability


Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.



13. Enurement


This Agreement shall inure to the benefit of and be binding upon each of Us and our respective heirs, executors, administrators, successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement.


14. Language


In the event that there are any discrepancies between the English version of this Agreement and any translation thereof, the English version of this Agreement shall govern. In the event that ICTC provides You with a translation of the English version of this Agreement, you hereby agree that the translation is provided for Your convenience only.


© Information and Communications Technology Council (ICTC) of Canada Inc.



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