© 1999-2002 Anaca Technologies Limited  
 Career Cruising
     
 
Site License Agreement
 

IMPORTANT - PLEASE READ CAREFULLY:

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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