License Agreement
This software license agreement (the “Agreement”) sets forth the Novaconcept / Civilité au travail (the “Licensed Software”) license terms and constitutes a binding agreement between You or the entity you represent (“You”) and Novaconcept / Civilité au travail (“Novaconcept”).
Please read the following license carefully before (i) downloading the Licensed Software from an authorized website, or (ii) accessing the Licensed Software. You agree that You have read and understood this License Agreement, and You agree to abide by its terms and conditions. If You do not agree to the terms of this Agreement, You must not download or access the Licensed Software.
1. GRANT OF LICENSE
The Licensed Software must be used with the Novaconcept Platform (the Hosted Service). Novaconcept grants You, by this contract, a non-exclusive, non-transferable license to use the Licensed Software, including the user documentation and the updates to which You are entitled under your subscription to the Hosted Service. You agree that You must have a valid Hosted Service subscription in order to use the Licensed Software and You may not use the Licensed Software if the Hosted Service subscription expires or otherwise terminates.
2. THIRD PARTY PRODUCTS
The Licensed Software may contain third-party software. Without limiting the applicability of the other terms of this Agreement, You agree that (a) title to any third-party software included in the Licensed Software is vested in the third-party providers of such software and (b) You will not distribute the third-party software available in the Licensed Software, except as otherwise provided in the terms of the license for such third-party software.
3. FILES AND FOLDERS
To be able to use the Licensed Software as part of the Hosted Service, Novaconcept will need your authorization to synchronize and store your files or data. Accordingly, You hereby authorize the Hosted Service to access the files stored on Your computer, in the folder You have chosen, through the Licensed Software.
4. USE RESTRICTIONS
In addition to all other terms of this Agreement, You must not:
- use the Licensed Software other than with the Hosted Service;
- remove from the Licensed Software or its copies any copyright, trademark or other proprietary notices;
- make copies, except for a backup or archival copy for temporary emergency purposes;
- rent, lease, sublicense or distribute the Licensed Software or any part thereof on a stand-alone basis or as part of your application;
- modify or improve the Licensed Software;
- reverse engineer, decompile or disassemble the Licensed Software;
- use the Licensed Software to post or transmit any text, graphics or material that is invasive of another's privacy, false, misleading or likely to infringe the copyright of others or encourage bigotry, racism, intolerance, hatred or violence towards any person or group;
- attempt to probe, scan or test the vulnerability of any system or network;
- use the Licensed Software to transmit viruses, worms or malicious content; And
- create a load on Novaconcept's servers and other resources by using the Licensed Software to transmit files between computers.
5. TECHNICAL SUPPORT
You are entitled to technical support for the Licensed Software as part of your Hosted Service subscription.
6. COLLECTION OF USAGE INFORMATION
Novaconcept collects information relating to your use of the Licensed Software, such as license information, the type of installation, the configuration of the system on which the Licensed Software is installed, statistics relating to the operating time of the product and to the frequency of use of various features of the Licensed Software (the "Usage Details"). Novaconcept undertakes to communicate the data collected about your use of the Licensed Software at your request.
7. PROPERTY AND INTELLECTUAL PROPERTY
Novaconcept owns all rights, titles and interests in the Licensed Software. Novaconcept expressly reserves all rights not granted to You under this Agreement, including the right to discontinue or not publish Software, as well as to modify prices, functionalities, characteristics, capacities , functions, license terms, release dates, general availability or characteristics of the Licensed Software. The Software is provided only under license and is not sold to You by Novaconcept.
8. PRIVACY
The Licensed Software contains proprietary information of Novaconcept. You agree to take all reasonable steps to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms of this Agreement to persons employed by You who come into contact with or access the Licensed Software, and to take all reasonable steps to ensure that such persons comply with these terms including, and without limitation, not to knowingly authorize such persons to use any part of the Licensed Software for any purpose not permitted under this Agreement.
10. DISCLAIMER OF WARRANTY
Novaconcept does not warrant that the Licensed Software will be error free. Except as otherwise provided in this Agreement, the Licensed Software is provided "as is" without warranty of any kind, including the implied warranties of merchantability and fitness for a particular purpose, and without warranty as to performance or results you may obtain from using the Licensed Software. You are responsible for determining the suitability of using the Licensed Software, and You assume all risks associated with its use, including, without limitation, the risk of program errors, damage or loss of data, programs or equipment, and unavailability or interruption of operations.
11. LIMITATION OF LIABILITY
Under no circumstances will Novaconcept be liable to you or any third party for any special, incidental, indirect, punitive, consequential damages or damages for loss of profit, operating losses, business interruption or loss of commercial information resulting from the use or inability to use the program, or any complaint from a third party, even if Novaconcept has been informed of the possibility of such damages. Novaconcept's entire liability with respect to its obligations under this Agreement or the Licensed Software shall not exceed the subscription fees paid by You for the Hosted Service.
12. COMPENSATION
Novaconcept undertakes to indemnify and defend You against any claim, action or proceeding resulting from a complaint alleging that the Licensed Software infringes or violates a valid Canadian law, copyright or trade secret of a third party , provided that You (i) promptly inform Novaconcept in writing of this complaint; (ii) cooperate with Novaconcept in the defense and/or settlement thereof, at Novaconcept's expense; and (iii) authorize Novaconcept to conduct the defense and all settlement negotiations. The above clauses constitute Novaconcept's sole obligation to You and your sole and exclusive remedy under this Agreement for intellectual property infringement.
Novaconcept has no obligation to indemnify for claims of infringement resulting or alleged to result from (i) any combination, exploitation or use of the Licensed Software with any program or equipment not supplied by Novaconcept, (ii) any modification of the Software licensed by a third party other than Novaconcept, and (iii) your inability, within a reasonable time, to implement any replacement or modification of the Licensed Software provided by Novaconcept.
13. TERMINATION
This Agreement terminates upon termination of your Hosted Service subscription. You may terminate it at any time by destroying or returning to Novaconcept all copies of the Licensed Software in your possession. Novaconcept may terminate the Contract in the event of non-compliance with said Contract or the conditions of the Service hosted by You and following your inability to resolve this situation after giving thirty (30) days notice. In the event of termination, You must destroy or return to Novaconcept all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, disclaimer of warranty and limitation of liability survive the termination of this Agreement.
14. GENERAL
This Agreement shall be governed by and construed in accordance with the laws of Canada (province of Quebec), excluding its conflict of law provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, agreements or understandings between the parties. Any waiver or modification of this Agreement will be effective only when in writing and signed by both parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, the remaining terms shall be construed to reasonably reflect the intention of both parties.
All our training courses are approved and recommended by the Order of Chartered Human Resources Advisors.
Novaconcept is a training organization approved by the Commission des partenaires du marché du travail for the purposes of the Act to promote the development and recognition of workforce skills.