Terms | MOSAID Technologies

Web Site Terms and Conditions of Use
Please read these Terms and Conditions carefully before using this Site.

ACCEPTANCE OF TERMS
MOSAID Technologies Incorporated, previously Conversant Intellectual Property Management Inc. This web site (this “Site”) is provided by MOSAID Technologies Incorporated (“MOSAID”), conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By browsing, accessing, using and/or downloading information (hereinafter collectively referred to as “Accessing” or “Access”) from this Site or downloading products from this Site (“Products”), you agree to accept and abide by these Terms and Conditions for each use and each visit to this Site. If you do not agree to these Terms and Conditions, you should not Access this Site or download any Products or other Materials (as hereinafter defined) from this Site.

The Terms and Conditions are entered into between MOSAID and you. If you are using the Services on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer’s behalf. MOSAID provides information on our company, its products and services, investor relations information, online support services and other on-line resources accessible via www.mosaid.com and all related URLs associated with the foregoing domain (the “Services”) to you, subject to the Terms and Conditions. Unless explicitly stated otherwise, the Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new Products.

Definitions
Changes to Terms and Conditions
Permitted and Prohibited Uses
Copyright and Trademarks
Links and Third-Party Content
Submission of Information
Agreement to Privacy Policy
Disclaimers
Limit of Liability
Indemnity
Choice of Law
General

1. Definitions

The MOSAID web site is the interactive on-line service operated by MOSAID Technologies Incorporated. The URL for this Site is www.mosaid.com. MOSAID’s business address is 515 Legget Drive, Suite 704, Ottawa, Ontario, Canada K2K 3G4. The terms “you”, “your” and “yours” refer to the surfer/customer utilizing this Site to obtain information on or to download Products or Materials. The terms “we”, “us” and “our” refer to MOSAID.

2. Changes to Terms and Conditions

MOSAID reserves the right, at any time, to modify, alter or update these Terms and Conditions, and you agree to be bound by such modifications, alterations or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. Notice shall be deemed to have been given to you upon the posting of any revised Terms and Conditions on the Site. You agree to regularly review the Terms and Conditions posted on this Site and to be aware of such revisions. Your use of this Site or downloading of any Products or Materials following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

3. Permitted and Prohibited Uses

This Site is intended for the lawful use of MOSAID’s customers, employees and members of the general public who can form legally binding contracts under applicable law at the time of Accessing this Site. If you are under thirteen (13) years of age, please do not Access the Site. If you are thirteen (13) years or older, but under the age of eighteen (18), you must review these Terms and Conditions with your parent or legal guardian to make sure you and your legal guardian understand these Terms and Conditions and agree to be bound by them. If you do not qualify, you may not download any Products or Materials on this Site. MOSAID makes no representation that this Site is appropriate for minors.

Subject to these Terms and Conditions, MOSAID grants you a non-exclusive, non-transferable, limited right to Access this Site and the information thereon (“Materials”), solely for your own personal use or for the use of the company you represent; provided, however, that you may not, agree not to, nor may you allow others to, directly or indirectly:

(a) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site or in any environment of networked computers;

(b) transfer the Materials to any other person without the written consent of MOSAID;

(d) upload, post or otherwise transmit on this Site any items, including, without limitation, computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

(e) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;

(f) disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;

(g) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Materials in whole or in part (notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the Site and the Materials);

(h) use or attempt to use another’s account, password, service, system or other information without prior written authorization from MOSAID, or create or use a false identity on this Site;

(i) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

(j) upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services;

(k) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access; or

(l) circumvent, disable or otherwise interfere with security-related features of the Site or any Materials or features that prevent or restrict use or copying or other exploitation of any Materials or enforce limitations on use of the Site or the Materials.

The Site contains certain company-related video Materials (hereinafter referred to as “Video Materials”). The foregoing restriction on the reproduction, public display, public performance, distribution or transfer of Materials shall not apply to the Video Materials. Any download, copy, re-distribution, public display and/or public performance of the Video Materials must comply with all of the remaining provisions of these Terms and Conditions and must not be for any commercial purpose. Furthermore, you shall not in any way modify or alter the Video Materials or create any derivative works of the Video Materials and, in particular, you shall not remove any proprietary markings, disclaimers or other notices from the Video Materials. You shall not include the Video Materials in any compilation or collection with other materials that contain anything that is offensive, derogatory, unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable. You may not download any Video Materials unless you see a “download” or similar link displayed by MOSAID on the Site for those particular Video Materials.

You may access the Materials only as permitted in these Terms and Conditions (including, without limitation, the Video Materials, the Content (as defined below) and the Products). MOSAID reserves all rights not expressly granted in and to the Materials (including, without limitation, the Video Materials, the Content and the Products).

You also agree that you are solely responsible for all consequences arising as a result of your utilization of this Site and the Materials (including in respect to any permitted copying, re-distribution, transfer, public display or public performance thereof), and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials. It is solely your responsibility to ascertain whether any information or Materials downloaded from the Site are free of viruses, worms, Trojan horses or other malicious code.

4. Copyright and Trademarks

Unless otherwise noted, all Materials, including without limitation all software, text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade-marks, service marks and trade names used on this Site and the selection and arrangements thereof (collectively, the “Content”), are subject to intellectual property rights including copyrights and trade-marks held by or licensed by MOSAID Technologies Incorporated. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. The use of any Products available on this Site is governed by the terms of the license agreement displayed prior to initiating a download. If you do not accept the terms of the license agreement, click on the appropriate box and the download process will be terminated. If you click on the “AGREE” box, you confirm that you have read and agree to the terms of the license agreement.

5. Links and Third-Party Content

As a convenience to you, MOSAID may provide, on this Site, links to web sites operated by other entities. These links do not constitute an endorsement, sponsorship or recommendation by MOSAID of the third parties, the linked third-party sources or any content, services or products available on or through such third-party sources. If you use these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that MOSAID or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of MOSAID.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that MOSAID shall not have any liability whatsoever to you for any such third-party material, data or information. If you elect to have any business dealings with anyone whose content, products or services may be advertised on the Site, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that MOSAID shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

6. Submission of Information

Although MOSAID may provide certain security in an effort to protect the electronic transmission of information that you submit to MOSAID through this Site, MOSAID does not guarantee the security of any information transmitted to or from this Site.

Do not send any confidential or proprietary information to MOSAID through this Site. Except for personal information about you, any information you do send to MOSAID through this Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant to MOSAID a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, sublicense and otherwise exploit any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

7. Agreement to Privacy Policy

MOSAID respects your desire for privacy. MOSAID’s Privacy Policy can be found at http://www.mosaid.com/privacy/. By Accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

8. Disclaimers

You expressly agree that your Accessing of this Site is at your sole risk. Neither MOSAID, its affiliates nor any of their respective employees, agents, third-party content providers or licensors, if any, warrant that Access to this Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from Accessing this Site, Products, Materials and Services provided therein, or as to the accuracy, reliability or content of any information, or merchandise provided through this Site.

EXCEPT AS EXPRESSLY SET OUT HEREIN, ALL INFORMATION, SERVICES, PRODUCTS AND MATERIALS THAT MAY BE ACCESSED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS AND ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT PERMIT CONTRACTING OUT OF STATUTORILY IMPLIED WARRANTIES AND CONDITIONS AND SO THE ABOVE DISCLAIMER MAY NOT APPLY, OR MAY ONLY PARTIALLY APPLY, TO YOU.

9. Limit of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOSAID, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THESE TERMS AND CONDITIONS FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF EXPECTED SAVINGS, LOSS OF USE OF ANY HARDWARE OR SOFTWARE, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT MOSAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT CONTRACTING OUT OF CONSEQUENTIAL DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY, OR MAY ONLY PARTIALLY APPLY, TO YOU.

MOSAID’S MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED FIVE CANADIAN DOLLARS ($5 CDN).

The limitations of liability and disclaimers in these Terms and Conditions shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.

10. Indemnity

You agree to defend, indemnify and hold harmless MOSAID and its officers, directors, employees and agents, including all third parties mentioned on this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Materials or your breach of these Terms and Conditions or in connection with your use of Products supplied by MOSAID.

11. Choice of Law

These Terms and Conditions shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Ontario for any claim related hereto, arising herefrom or in connection herewith. Users who Access this Site from places outside of the Province of Ontario acknowledge that they do so voluntarily and are responsible for complying with local laws.

12. General

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions, constitutes the entire agreement between MOSAID and you with respect to your Accessing of this Site. There are no representations, warranties, terms, conditions or collateral agreements, expressly implied or statutory, between the parties other than as expressly set forth in these Terms and Conditions. MOSAID’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your Accessing of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.

You may not assign these Terms and Conditions, or any rights or licenses granted under these Terms and Conditions, whether voluntarily, by operation of law, or otherwise without MOSAID’s prior written consent. MOSAID may assign these Terms and Conditions, or any rights or licenses granted under these Terms and Conditions, at any time without notice.

We welcome your comments with respect to these Terms and Conditions. Any comments or questions should be sent by e-mail to [email protected]. We will use commercially reasonable efforts to promptly respond to your inquiry.