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SITE LICENCE AGREEMENT FOR CAREER CRUISING SUBSCRIPTION
SERVICES
Thank you for reading this agreement!
In order to help you understand how Career Cruising subscriptions
work, we have tried to translate most of the legalese into
readable English. After all, we are in the business of creating
well organized and easy-to-read information. So please read
these terms carefully and contact us at info@careercruising.com
if you have any further questions.
This is a binding legal agreement between
us, the Licensor, Anaca Technologies Ltd., and your organization,
the Subscriber, the organization intending to license the
Career Cruising Service (the "Service"). In exchange for
the annual subscription fee, we grant the Subscriber, Its
Administrators and End Users a limited right to use the
Service. The Service includes access to our website (www.careercruising.com),
a CD-ROM and documentation including a User's Guide. If
the Subscriber accesses, installs or otherwise uses the
Service, that means the Subscriber is agreeing to be bound
by this Site Licence Agreement. If the Subscriber doesn't
agree, everything we provided must be returned to us and
the Subscriber may not use or copy any of it.
We may make changes to this agreement
at any time in the future. Any changes become effective
when the subscription is renewed. It is the Subscriber's
responsibility to check the new agreement on renewal, because
that's what will apply. It will be posted at www.careercruising.com/legal/sitelicense.aspx.
TERMS AND CONDITIONS:
1.0 Definitions
1.1
"Documentation" means any activity sheets, support
materials or other documentation supplied with or within
the Service.
1.2
"End User(s)" means employees, faculty, staff,
students or clients officially affiliated with the Subscriber
organization.
1.3
"Invoice" means the invoice Licensor faxes, mails
or emails to the Subscriber which sets out the subscription
fees negotiated between the Licensor and the Subscriber
as well as any special conditions that apply to the subscription.
1.4
"Personal Information" is information about an
End User that is personally identifiable like a name, address,
email address, or phone number, and that is not otherwise
publicly available.
1.5
"Site" means:
(i) in the case of a (K to 12) school
any one or more buildings that are a part of a single postal
address and serviced by one principal, administrator or
similar administrative officer and shall include any one
or more computer workstations located within those buildings;
(ii) in the case of a post-secondary
institution any one or more departments of that post-secondary
institution which shall be in any one or more buildings
that are a part of a single address and serviced by one
principal, administrator or similar and shall include any
one or more computer workstations located within those departments;
(iii) in the case of a business or entity
other than a school shall mean the Subscriber's normal place
of business, at one address, and shall include any one or
more computer workstations located within that place of
business.
1.6 "Site Administrator(s)" means
any teacher, administrator or other professional, of the
legal age of majority, located at a Site. Each Site Administrator
must also be an End User.
TERMS AND CONDITIONS:
2.0 Use Licence
2.1
We grant the Subscriber the right to use the Service for
the term of this agreement. The Subscriber can use the Service
with an unlimited number of End Users, on all the computer
workstations at the Subscriber's Site. This is not an exclusive
right and it can't be transferred to others.
2.2
End Users can access the Service from the Subscriber's Site
by way of a username and password that we give the Subscriber.
In addition, End Users may access the Service from their
home computers using this same username and password.
2.3
The Subscriber can load the CD-ROM on all the computer workstations
at the Subscriber's Site. The Subscriber can also make a
copy of the CD-ROM for back-up purposes.
2.4
The User's Guide and other documentation may be copied for
use with the Service at the Subscriber's Site. End Users
may make screen prints from CD-ROM or Internet.
2.5
THE SERVICE AND ANY RELATED DOCUMENTATION AND MATERIALS
MAY ONLY BE USED FOR PERSONAL, NON-COMMERCIAL, EDUCATIONAL
PURPOSES.
2.6
This is a grant of a licence, not a transfer of title, and
under this licence neither the Subscriber nor any End User
is permitted to copy, post, modify, transmit or use the
Service, including its content, in any manner not expressly
authorized by this Site Licence Agreement.
3.0 Ownership
3.1
The Service, including all text, photographs, and other
content, is protected by copyright laws and international
treaties. Unauthorized use of the Service may violate copyright,
trade-mark and other laws. If the Subscriber copies any
part of the Service or Documentation, copyright notices
must be reproduced.
3.2
The Subscriber must make its best efforts to prevent any
illegal use of the Service by Site Administrators, other
End Users, or anyone else associated with the Subscriber's
Site. The Subscriber is solely responsible for the security
of its username and password and for all access to the Service
by means of its username and password.
4.0 Portfolio Tool
4.1
Career Cruising includes a Portfolio Tool which provides
a way for End Users to save and organize information they
view on Career Cruising, as well as Personal Information
and other information relating to their career interests.
The Portfolio Tool also helps End Users create resumes.
The information in End Users' portfolios is stored electronically
on our secure server.
4.2
Access to an End User's personal portfolio is limited by
the use of a personal portfolio username and password chosen
by the End User when he or she creates a personal portfolio.
An End User may change the information in his or her personal
portfolio, or his or her personal portfolio username and
password, at any time.
4.3
A Site Administrator who registers with us as a Portfolio
Administrator may also access and view the personal portfolios
of End Users at the site that he or she administers. In
the event an End User forgets his or her username and password,
a Portfolio Administrator will be able to retrieve the appropriate
username and password for the End User. However, the Portfolio
Administrator is not permitted to make any changes to the
personal portfolio of an End User.
4.4
The Subscriber, Portfolio Administrator(s) and End Users
are responsible for maintaining the confidentiality of the
personal portfolio usernames and passwords. The Subscriber
is also responsible for activities that occur within a personal
portfolio. While we provide access to the Portfolio Tool
for the benefit of our subscribers and End Users, we do
not have an obligation to monitor the use of the personal
portfolios.
4.5
The Portfolio Tool is provided for personal use only. It
must be used only for the purpose of collecting, organizing
and storing individual personal, career, education and life
planning information and related materials for the purpose
of career/life planning. Any unauthorized commercial use
of the Portfolio Tool is not allowed.
4.6
The Subscriber is responsible for each End User who registers
for the Services under Subscriber's subscription. If any
End User requires consent of a parent or guardian to use
the Service under any applicable law or policy, the Subscriber
is responsible for ensuring that such consent has been obtained.
The Subscriber warrants that the Portfolio Service will
not be used in any way or for any purpose that is unlawful
or prohibited by the terms of this agreement. The Subscriber
also agrees to notify us immediately upon becoming aware
of any unauthorized use of a personal portfolio.
4.7
We reserve the right to terminate the access of any End
User or Portfolio Administrator to the Portfolio Tool at
any time.
4.8
If the Subscriber is dissatisfied with the Portfolio Tool
or the following Privacy Policy, the Subscriber may instruct
us to discontinue access to the Portfolio Tool for its End
Users.
5.0 Portfolio Tool and Privacy
5.1
It is our policy to respect the privacy of End Users. Under
no circumstances do we rent or sell End User lists or Personal
Information to any third party. Nor do we share such information
with any third party, except under the circumstances described
in subsection 5.4.
5.2
Personal portfolio usernames and passwords are known only
to the End-Users and to the registered Portfolio Administrators.
In addition, our employees may occasionally access usernames,
passwords and Personal Information in the course of their
work duties, which include ensuring proper service and remedying
technical problems. If our employees become privy to any
such information in the course of their work duties, they
are bound to maintain confidentiality.
5.3
We use physical, electronic and procedural safeguards to
protect Personal Information. Personal Portfolios have been
designed to automatically close after a pre-specified period
of time of inactivity in order to provide additional protection
against unauthorized access by others. However, no security
measures are foolproof and we are not responsible if security
is breached by an End User or any other person.
5.4
It is possible that we may be required to provide usernames,
passwords or Personal Information in order to satisfy a
particular law, regulation, legal process, law enforcement
or governmental request. Accordingly, we must reserve the
right to monitor, review, retain or disclose any information
as necessary under those circumstances.
6.0 Subscription Fees
6.1
The Subscriber agrees to pay us the applicable subscription
fees as indicated on the invoice the Subscriber receives
from us.
6.2
Invoices shall be paid within thirty (30) days of receipt.
All taxes, shipping and handling are in addition to the
Subscription Fees and shall be paid by the Subscriber. We
reserve the right to suspend the Service, if any fees or
charges are not paid when due.
6.3
If the Subscriber agrees to a multiple year subscription
and thereby receives discounted subscription fees, but then
terminates the subscription early, then the Subscriber must
pay full, non-discounted yearly fees for each year in which
the Service was used.
7.0 Limitation of Liability
7.1
While we have made extensive efforts to ensure that the
content included in the Service is accurate, we cannot guarantee
that the information is free of errors or omissions. Nor
can we guarantee that it will achieve any specific purpose.
We do not promise that the Service will be compatible with
every Internet browser or with every workstation. And we
cannot guarantee that the Service will be uninterrupted
or error-free or that the Service and its server will always
be free of computer viruses or other harmful mechanisms.
The links we provide to other Web sites are for the Subscribers'
convenience; we do not control or endorse them and we are
not responsible for their content. In other words, WE ARE
PROVIDING THE SERVICE TO THE SUBSCRIBER "AS IS", WITHOUT
WARRANTEES OF ANY KIND. WE DISCLAIM AND SUBSCRIBER WIAVES
ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED.
7.2
We are not liable for any type of damages arising out of
the use of or inability to use the Service. The Subscriber
agrees that our liability to Subscriber, any End User or
any other person for any kind of damages, no matter what
they are or who caused them, will not exceed the Subscription
Fees paid to us by the Subscriber during the current subscription
term. This provision will apply to the maximum extent permitted
by law.
8.0 Rights of Licensor
8.1
We can add or subtract services, features and information
from any portion of the Service provided on the Internet,
without warning. However, notification of any such changes
will be provided by notices posted prominently within the
Service.
8.2
Any rights not expressly provided for in this agreement
are reserved to us.
9.0 Termination of Agreement
9.1
This Site Licence Agreement shall immediately terminate
without notice or any other act upon:
(i) Subscriber's failure to pay any
subscription fee or renewal fee when due; (ii) the attempted
illegal copying, distribution, transfer, assignment, lease
or sale of the Service, or rights thereto, without the prior
written consent of the Licensor; (iii) notice in writing
given by one party to the other upon the violation by that
party of any provision of this Agreement.
9.2
Upon termination of this Site Licence Agreement, the Subscriber
and each End User will cease using the Service. Use of the
Service following termination may result in additional fees
and charges being levied against the Subscriber.
9.3
The Subscriber acknowledges that the Service is provided
on a subscription basis only and that any portion of the
Service provided on CD-ROM may become inoperable on expiry
of the Term.
9.4
Paragraphs 1, 3, 5, 7, 8.2, 9, 10, 11 and 12 will continue
even after the termination or expiration of this Site Licence
Agreement.
10.0 Indemnity
10.1
If a third party makes a legal claim against us as a result
of the use of the Service by Subscriber or any of its End
Users, then the Subscriber agrees it will compensate us
for any damages or costs we have to pay, including legal
fees and expenses.
11.0 General Provisions
11.1
If we waive, delay or fail to exercise any right, provision
or entitlement in this agreement, that does not mean that
we are waiving any other provision, right or entitlement
in it.
11.2
This Site Licence Agreement and the Invoice constitute the
entire agreement between the parties and supersede all prior
agreements and understandings, oral and written, express
or implied, by and between any of the parties with respect
to the subject matter of this Agreement. No amendment, modification
or waiver of this Site Licence Agreement or Invoice shall
be binding unless in writing and signed by a duly authorized
representative of both parties.
11.3
This Site Licence Agreement is governed by the laws of the
Province of Ontario and Canada. The Subscriber agrees to
the non-exclusive jurisdiction of the courts located in
Ontario.
11.4
If one or more of the provisions contained in this Site
Licence Agreement are judged to be invalid, illegal or unenforceable
in any respect in any jurisdiction, the remaining provisions
will not be affected or impaired as a result, unless the
essential purpose of this Agreement is undermined by such
judgement.
12.0 Copyright and Trademark Notices
All Content is Copyright © 2007 Anaca
Technologies Ltd. and/or its suppliers, c/o Anaca Technologies
Ltd., Suite 1002 - 1867 Yonge Street, Toronto, Ontario,
Canada, M4S 1Y5. All rights reserved.
Career Cruising is a registered trademark
of Anaca Technologies Ltd
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