This version in effect since May 28, 2008
1. Your Acceptance of this Agreement
This is an Agreement between The University of Western Ontario (“WESTERN”) and you, including any person you purport to represent (‘YOU’), and governs your use of the the OSRM™ web site and its content (collectively the "Web Site"). Each time YOU use the Web Site YOU signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement, and YOU represent and warrant that YOU have the legal authority to agree to and accept this Agreement on behalf of yourself and any person YOU purport to represent. For purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity.
If You do not accept these terms and conditions, You must not access or use the Web Site and your sole and exclusive remedy is to discontinue using it.
2. Permitted Users and Access
Access to the password protected portion of this Web Site is restricted to those who are subject to a license agreement with WESTERN (“Registered Users”) and those persons who have been issued a time-limited password for Trial Access (‘Trial Users”). Contact email@example.com for information on becoming a Registered User.
3. Disclaimer and Liability Exclusion
WESTERN does not accept any liability for your use of the Web Site. Your use of the Web Site is at your own risk. The Web Site is provided on an “as-is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by WESTERN to the fullest extent permitted by law. WESTERN will not under any circumstances be liable to You or any other person for any loss or damage arising from, connected with, or relating to the use of the Web Site by You or any other person.
4. Personal Information Privacy
WESTERN endeavors to protect the personal information of all individuals who come into contact with it, be they students, alumni, faculty, staff, or members of the general public. It strives to collect only the specific personal information that is related directly to, and needed for, operating its programs and activities. Personal information will be used, maintained, disclosed and disposed of in accordance with the applicable provincial or federal legislation. University records that are not subject to statutory privacy rules will be protected in accordance with University policies and agreements.
If you have a concern about the protection of your personal information at WESTERN, please contact Western's Freedom of Information and Privacy Office.
This Web Site is the property of WESTERN and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to YOU any ownership or other rights in the Web Site or its content.
6. Permitted Use of the Web Site
The Web Site is made available to YOU for your lawful, non-commercial use only, and to Trial Users for evaluation of the Web Site for licensing purposes. YOU may print or download all public Web Site pages (excludes password protected pages) for your non-commercial use provided that YOU do not modify any of the Web Site pages or other content and YOU do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. YOU must NOT print or download any material from the password protected pages if YOU are not a “Registered User”. YOU must not use the Web Site or its content for any other purpose or in any other way. In particular, the Web Site and its content must not be copied, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of WESTERN.
If YOU are a Registered User or a Trial User, YOU will have been given a username and password. YOU are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. YOU agree to notify WESTERN immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that YOU exit from your account at the end of each session. WESTERN cannot and will not be liable for any loss or damage arising from WESTERN’s failure or your failure to protect your password or account information.
8. Other Sites
For your convenience, the Web Site may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from WESTERN, and WESTERN has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
9. Termination of this Agreement and the Web Site
10. Governing Law and Dispute Resolution
This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between WESTERN and YOU or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario, and YOU hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action YOU may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
11. Changes to this Agreement
WESTERN may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to YOU or any other person. YOU may not change, supplement, or amend this Agreement in any manner.
12. General Provisions
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between YOU and WESTERN relating to your use of the Web Site, and supersedes all previous agreements, written, oral or otherwise, between YOU and WESTERN with respect to your use of the Web Site.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of WESTERN and its successors and assigns and related persons, and YOU and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. YOU must not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of WESTERN which may be withheld in WESTERN's sole discretion. WESTERN may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.