Terms of Use of the MapleGuide.ca Website (“MapleGuide.ca Website”)
THIS SET OF TERMS AND CONDITIONS (“MapleGuide.ca Website Terms Of Use,” or “Terms
Of Use”) APPLIES TO YOUR USE OF THE MapleGuide.ca Website. YOUR USE OF THE MapleGuide.ca
Website INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR
AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF
YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO
BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.
GRANT, RESTRICTIONS, AND OWNERSHIP
MapleGuide.ca Inc. and its suppliers, as applicable (“MapleGuide.ca”), hereby
grant You the right to use the content comprising the MapleGuide.ca Website (the
“Content”). You may print the Content on The MapleGuide.ca Website intact from
within your browser for personal and fair use purposes only. The Content
has been compiled by MapleGuide.ca from a variety of sources, and is subject to
change without notice. You may not attempt to “pass-off” any of the
Content as your own work.
You acknowledge that certain areas of the MapleGuide.ca Website may apply other
rights and/or restrictions to their use in their own manner (“Separate
Licenses”). Any language within these Terms Of Use is subject to language
in the Separate Licenses to the contrary, as to their subject matter.
SOFTWARE: Specifically, but without limitation, any computer
software downloadable or otherwise available through the MapleGuide.ca Website is
licensed subject to the terms and conditions of its own applicable license
agreement, and specific terms and conditions applicable to Software in
download licenses within the MapleGuide.ca Website or otherwise available through
the MapleGuide.ca Website will supersede the provisions of these Terms Of Use.
The use of certain areas of the MapleGuide.ca Website is further restricted to
MapleGuide.ca support customers. You may not copy, adapt, modify, display, perform,
or otherwise use the Content (including use the Content on any other web
site or networked computer environment) for any other purpose or in any
other manner without the prior express written permission of MapleGuide.ca or its
suppliers, including without limitation such permission as may appear
within the MapleGuide.ca Website.
Your use of the Content is conditioned on your maintaining all
copyright, trademark and other proprietary rights notices appearing on the
Content. Any unauthorized use of any of the Content may violate copyright
laws. In many instances, the Content is subject to international patent, trademark, and
trade secret laws (collectively, the “Applicable Laws”), including without
limitation as indicated selectively within the Content. MapleGuide.ca and/or its
suppliers own the Content, which is generally protected by several of the
Applicable Laws.
You may use, print and/or download from the MapleGuide.ca Website the Content
displayed on the MapleGuide.ca Website for your personal, noncommercial purposes
only. If you breach any of these Terms Of Use, your authorization to use
the MapleGuide.ca Website will automatically terminate and you must immediately
destroy or delete any downloaded or printed material.
You agree that the Content is the proprietary information of MapleGuide.ca and/or
its suppliers, and that you will conform your access, copying, and use of
particular Content to the applicable MapleGuide.ca Website purposes indicated in
association with the particular Content.
IMAGES IN MapleGuide.ca Website
Subject to other provisions hereof to the contrary, You may not use,
reproduce or distribute any image in the MapleGuide.ca Website without securing the
advance written consent of MapleGuide.ca.
COMMUNICATIONS FROM YOU TO THE MapleGuide.ca Website
Except for orders for products provided through the MapleGuide.ca Website and as
specified in our Privacy Statement, all communications from You to the MapleGuide.ca
Website will be considered non-proprietary and non-confidential, and MapleGuide.ca
will have no obligations of any kind to You respecting such communications
and will be free to use them on an unrestricted basis. Specifically, but
without limitation, You authorize MapleGuide.ca to (i) reproduce, use, disclose and
distribute such communications to others, and (ii) use any ideas,
know-how, designs, concepts, techniques or the like contained in such
communications for any purpose whatsoever. You are solely responsible for
these communications and their legality under all applicable laws and
regulations. You agree that you will comply with the terms of our Privacy
Statement when using the MapleGuide.ca Website. You are responsible for the security
of any account names, identification numbers or passwords associated with
your access to and use of the MapleGuide.ca Website. MapleGuide.ca is not liable for any
unauthorized use of any accounts you establish through the MapleGuide.ca Website by You,
your employees, agents or anyone else.
AVAILABILITY OF MapleGuide.ca Website
You acknowledge that temporary interruptions in the availability of the
MapleGuide.ca Website may occur from time to time as normal events. Under no
circumstances will MapleGuide.ca or its suppliers be held liable for any damages due
to such interruptions. The MapleGuide.ca Website and the Content may include
technical inaccuracies or typographical errors. The MapleGuide.ca Website is made
available internationally and may contain references to products, programs
and services of MapleGuide.ca and/or its suppliers that are not available in your
location. Such references do not imply that MapleGuide.ca or its suppliers intend to
make available such products, programs or services in your location.
MONITORING
It is neither the policy nor a practice of MapleGuide.ca to review communications
with the MapleGuide.ca Website to determine that such communications comply with
these terms and conditions and applicable laws and/or regulations;
however, MapleGuide.ca reserves the right to review such communications but has no
such obligation. MapleGuide.ca shall have no responsibility or liability for the
content of any communications posted to the MapleGuide.ca Website, nor for any
errors or violations of any applicable laws or regulations. MapleGuide.ca will
comply with court orders in any jurisdiction directing MapleGuide.ca to disclose the
identity of anyone posting communications to the MapleGuide.ca Website.
LINKS WITH OTHER SITES
MapleGuide.ca is not responsible for the content of any other web site linked to
or from the MapleGuide.ca Website. If you link to another site, you leave the MapleGuide.ca
Website. If you decide to link to another site, you do so entirely at your
own risk. MapleGuide.ca may provide links from the MapleGuide.ca Website to other sites, but
this is done solely as a convenience to you and in no way should be
interpreted as a referral or endorsement of any content, sponsor or owner
of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR
IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO
ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE,
ARE HEREBY EXCLUDED.
DISCLAIMER
THE CONTENT PROVIDED AT THIS MapleGuide.ca Website IS PROVIDED “AS IS” AND ANY
WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the
exclusion of implied warranties, so the above exclusion may not apply to
You. MapleGuide.ca does not warrant the accuracy and completeness of the Content on
the MapleGuide.ca Website. MapleGuide.ca takes no responsibility for viruses or other
destructive or intrusive computer programs that may damage your computer
system or data resulting from your access to or use of the MapleGuide.ca Website.
The Content at the MapleGuide.ca Website may be out of date, and MapleGuide.ca makes no
commitment to update the Content at the MapleGuide.ca Website. Information published
at the MapleGuide.ca Website may refer to products, programs or services that are
not or are no longer available in your geographic location. If software
available through the MapleGuide.ca Website is made applicable to its own license
terms and conditions, such terms and conditions supersede any terms and
conditions of these Terms of Use. However, in accordance with the
paragraph of these Terms Of Use entitled SOFTWARE, specific terms and
conditions applicable to Software downloadable or otherwise available
through the MapleGuide.ca Website will supersede the provisions of this paragraph.
LIMITATION OF LIABILITIES
IN NO EVENT WILL MapleGuide.ca OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE
TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THE MapleGuide.ca Website, THIS WEBSITE, ANY WEB SITES LINKED TO THIS MapleGuide.ca Website,
OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MapleGuide.ca
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE,
SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR
INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the
paragraph of these Terms Of Use entitled SOFTWARE, specific terms and
conditions applicable to Software downloadable or otherwise available
through the MapleGuide.ca Website will supersede the provisions of this paragraph.
INDEMNIFICATION
Upon the request of MapleGuide.ca, you agree to defend, indemnify and hold
harmless MapleGuide.ca and its suppliers, affiliates, representatives, officers,
directors, employees and attorneys from and against all liabilities,
claims, costs and expenses, including attorney fees, that arise in
relation to your accessing or use of the MapleGuide.ca Website and/or these Terms Of
Use or your uploading, downloading or transmission of any communications
or Content on the MapleGuide.ca Website. However, in accordance with the paragraph
of these Terms Of Use entitled SOFTWARE, specific terms and conditions
applicable to Software downloadable or otherwise available through the MapleGuide.ca
Website will supersede the provisions of this paragraph.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of MapleGuide.ca and/or
others used on the MapleGuide.ca Website are the property of Silicon Graphics, Inc.,
its suppliers, or their respective owners. You may not use, and nothing
contained on the MapleGuide.ca Website grants, by implication, waiver, estoppel or
otherwise, any right to use, any trademark displayed on the MapleGuide.ca Website
without the written permission of Silicon Graphics, Inc. or the respective
owner, which written permission may be expressed within the MapleGuide.ca Website.
AGREEMENT IN ENGLISH
You and we agree that these Terms Of Use and all related documents be
written and interpreted in the English language.
