Membership Tools

BY CLICKING "I AGREE", YOU ARE PROMISING THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF YOUR ORGANIZATION, AND IN THAT CAPACITY YOU HAVE READ AND CAREFULLY CONSIDERED ALL OF THESE TERMS AND CONDITIONS, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THEM. IN THE REMAINDER OF THIS DOCUMENT, "YOU" REFERS TO YOUR ORGANIZATION.

"Documents" means the CSA documents and related materials in electronic format for which you purchase a right of use as part of your Subscription

"Subscription" means the CSA online service whereby you purchase a licence to use the Documents at a discounted rate.

"User" means such of your employees and/or contractors that you designate as users of the Documents and for whom you have purchased a right of access to the Documents.

Licence. Subject to your acceptance of the terms of this Licence, CSA gives you a non-exclusive, non-assignable, revocable license to use the Documents solely for your internal business purposes. You are not entitled to refund or credit unless otherwise permitted by CSA. You understand that this Licence is strictly as between CSA and you as an organization, and you will take all reasonable steps to ensure that Users who, for whatever reason, lose the right to access the Documents on behalf of your organization, refrain from so doing.

Use and Restrictions on Use. Subject to the terms of this Licence, you and the Users will be able to view and download the Documents at any time through CSA's Online Subscription Service site at http://subscribe.csa.ca and each User is given the right to print one unmodified copy of each Document. The downloaded or hard copy documents may not be used to create any form of reference collection. You may not permit any third party except the Users to view the Documents. Except as expressly permitted above, unless you have CSA's prior written consent, you may not, nor permit third parties (including Users) to: (i) make copies of any portion of any of the Documents in any form; (ii) modify or create derivative and/or competitive products based on any portion of the Documents; (iii) disclose any part of the Documents, except to other Users; or (iv) circulate the Documents or any portion of the Documents in any manner, including by e-mail, even for your internal business purposes. You expressly acknowledge that CSA may monitor your use of the Documents, including the number of times you print same, and may take appropriate steps if CSA reasonably believes your use has been in violation of the terms of this Licence.

Ownership. The Documents and copies thereof are and will remain CSA's sole property (or the sole property of a third party licensor). Nothing in this Licence will give you any right of ownership to any of the Documents or any part thereof, including without limitation logos, names, commercial symbols and other support materials including technology. Nothing in this Licence gives you the right to use the Documents except as expressly contemplated in this Licence or another written agreement with CSA. CSA has the right to update, remove or change the format, layout, content and any other aspect of any part of the Documents at any time without notice to you. You and the Users are entitled to receive any such updates, however it is your/the Users' responsibility to access the site to determine whether any given Document has been updated or removed.

Term. This Licence has a term of one year, and will renew annually provided: (i) you give CSA sixty (60) days prior written notice of your desire to renew; and (ii) CSA receives your payment for the upcoming term prior to expiry of the then current term. You acknowledge that at the time of your renewal, pricing and other aspects of the Subscription service may have changed, and you will be subject to any such new pricing and other changes to the services. You are responsible for ensuring that you are informed of any such changes.

Termination. CSA may, without limitation to its other rights and remedies, terminate this Licence at any time without notice if CSA reasonably believes that you have failed to comply with any of the terms of this Licence. Upon termination or expiry of this Licence, you must immediately stop using the Documents and you must immediately destroy all copies of and/or updates to the Documents, whether in electronic or hard copy format, and you must immediately destroy any related magnetic media, and certify by statutory declaration that you have done so upon CSA's request. If CSA terminates this Licence, you will not re-register on any CSA online service that offers CSA products for sale, without CSA's prior written consent, failing which CSA may terminate such future purchases or licences. The previous sentence will survive the termination of this Licence.

Indemnity. You agree to defend, indemnify and hold CSA, our trustees, officers, employees, agents and affiliates from and against any claims, demands, damages, causes of action, losses or judgments arising from your or the Users' use of the Documents or from any breach of the terms of this Licence. This indemnity will survive the termination of this Licence.

No warranty and Other Limitations. We do our best to ensure that information on our websites is accurate and up-to-date, but cannot always guarantee that it is. Also, electronic communications carry inherent risks, and we cannot guarantee error-free access to and operation of the Online Subscription service or to any site linked from the Online Subscription Service site, or as regards software, plug-ins or any other media, as further spelled out below. You acknowledge that that use of the Documents may require the installation and use of Adobe Acrobat ReaderTM, FileOpenTM plug-in, or other media, and CSA expressly disclaims any responsibility whatsoever in respect of these media.

YOU EXPRESSLY AGREE THAT THE USE OF OUR PROPERTY, AND USE OF ANY ASSOCIATED SOFTWARE, PLUG-INS OR ANY OTHER SUPPORTING OR ENABLING MEDIA, IS AT YOUR SOLE RISK. CSA DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. CSA PROVIDES USE OF OUR PROPERTY, INCLUDING THE ONLINE SUBSCRIPTION SERVICE SITE AND THE DOCUMENTS, ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. CSA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, ACCESSIBILITY, RELIABILITY, ACCURACY, COMPLETENESS, CURRENCY, PRIVACY OR SECURITY, OR OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CSA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR ANY OTHER LOSS PURPORTEDLY ARISING OUT OF OR RESULTING FROM THIS LICENCE OR THE USE OF OR ACCESS TO ANY PROPERTY UNDER THIS LICENCE EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND REGRDLESS OF WHETHER THEY ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT WILL CSA'S TOTAL LIABILITY IN RELATION TO THIS LICENCE EXCEED THE PRICE PAID BY YOU FOR THE SUBSCRIPTION.

The use of the Documents is directed to those who have the appropriate degree of experience to use and apply their contents, and CSA accepts no responsibility whatsoever arising in any way from any use of or reliance on the information contained in the Documents. In issuing and making the Documents available, CSA is not undertaking to render professional or other services for or on behalf of any person or entity or to perform any duty owed by any person or entity to someone else.

You assume full responsibility for the installation of the Document and the results obtained from the use or intended use of the Documents.

Notice. Notice under this Licence will be deemed to have been received at the time of sending if sent by fax or electronic mail, or on the day after mailing if sent via courier or registered mail. Notice will not be given using regular mail. You are responsible for ensuring that CSA has your current e-mail, fax and mailing information, which can be done through CSA's sales department at Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser..

General Terms. This Licence supersedes any prior commitments, memoranda, or representations made by one of us to the other, whether verbal or written, negligently made or otherwise, with regard to this subject matter. This Licence may not be modified except by written instrument signed by both of us. Failure by either of us to promptly exercise any of our rights under this Licence will not constitute a waiver of those rights. You may not assign this Licence without prior written authorization from CSA. This Licence will enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. Headings are for reference only and do not affect the interpretation of this Licence. If any part of this Licence is found to be invalid, it will be severed and the remainder of the Licence will continue in force.

Governing Law. This Licence will be governed by the laws of the Province of Ontario without regard to the United Nations Convention on Contracts of the International Sale of Goods and any applicable conflict of law provisions.

Privacy. When you and any Users register, CSA collects names and contact details, as well as users name and passwords so that you and the Users will be able to log in to the site in future. Please keep your user name and password secret and ensure that the Users do the same. You are responsible for all use made of CSA's website using your and the Users' user names and passwords. As and when available, you may also enter your credit card information to be able to directly pay for items and services purchased by Subscription. We use this information to set up your account and process your order.

CSA makes use of session cookies. Please see the "Information That Does Not Identify You" section of the Web Privacy Statement http://www.csagroup.org/legal/pop/privacy_clause.asp?language=English for more information.

For CSA's privacy policy, please click here http://www.csagroup.org/legal/pop/privacy/ . You may also wish to review the Terms of Use http://www.csagroup.org/legal/pop/terms_of_use/ of CSA's websites and our Security section.

© 2003 Canadian Healthcare Engineering Society

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