Terms and Conditions

AGREEMENT BETWEEN USER AND SCANCODE

Welcome to the SCANCODE Web site from Scancode Systems Inc. (herein referred to as “SCANCODE”). The SCANCODE Web Site is comprised of various Web pages operated by SCANCODE.

The SCANCODE Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SCANCODE Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

SCANCODE reserves the right to discontinue providing any of the services available on this Web site, to make changes or updates to this Web site, or to the products or programs described in this Web site, or to these terms and conditions at any time without further notice. Your continued use of this Web site following such changes signifies your acceptance of the revised terms and conditions.

COPYRIGHT AND LICENSE

Subject to the terms and conditions set forth in this Agreement, SCANCODE grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the text, graphics, animations, pictures or images thereon as well as the Software referred to below and to view and download the Materials, only in connection with the products and services described by SCANCODE for use internally by your business.

The terms and conditions set forth in this agreement do not constitute a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without SCANCODE’s written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at this site. You agree to abide by all additional restrictions displayed on this site as it may be updated from time to time. Canadian, United States and worldwide copyright laws and treaty provisions protect this site, including all Materials. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SCANCODE does not grant any express or implied right or license to you under any intellectual property right of SCANCODE including under any patent, trademark, copyright, trade secret, or confidential information of SCANCODE, its affiliates or any of their third party suppliers.

TERMINATION

SCANCODE may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials.

USE OF SOFTWARE

Any computer software which may be downloaded or is otherwise available from this Web site is licensed subject to either the written license agreement between you and SCANCODE or an electronic license agreement which you ‘click-on’ and ‘agree to’ at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise.

However, if neither a written license nor an electronic ‘click-on’ license is available, your use of the software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this Web site without SCANCODE's express prior written consent; 2) you are granted a personal, non-exclusive license to use such software subject to the above restrictions; 3) such software is subject to all Warranties and Disclaimers as set forth below or in the written license agreement that accompanied the product when it was purchased; 4) except as expressly granted elsewhere, SCANCODE Systems Inc. and its licensors reserve all rights, title and interest in and relating to such software.

RESERVATION OF RIGHTS

SCANCODE and its affiliates, products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secrets and other proprietary rights. SCANCODE and its affiliates reserve all such rights.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SCANCODE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCANCODE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SCANCODE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SCANCODE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SCANCODE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SCANCODE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCANCODE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCANCODE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SCANCODE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SCANCODE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SCANCODE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SCANCODE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCANCODE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SCANCODE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SCANCODE WEB SITE.

LIABILITY DICLAIMER FOR SCANCODE HAZARDOUS MATERIALS MODULE

The SCANCODE Hazardous Materials (“HAZMAT”) Module facilitates the identification of Dangerous Goods that have been entered or uploaded into the ATMS application based on rules defined by the user. The user of this application is therefore ultimately responsible to correctly identify, classify, package, mark, label and ensure complete documentation according to National and International Government regulations. SCANCODE does not provide this service and takes no responsibility for the above mentioned. The user of this application is therefore required to be Hazardous Materials / Dangerous Goods trained and certified, and is responsible to maintain accurate Hazardous Materials / Dangerous Goods tables on this application.

INDEMNITY

You agree to indemnify and hold SCANCODE and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys' fees, that arise from or otherwise relate to your use of this Web site (including the services provided on this Web site), any content you supply to this Web site, or your violation of these Terms or the rights of another.

EXTERNAL LINKS TO THIRD PARTY WEB SITES

Links to third party Web sites from this Web site including those of our business partners, vendors, transportation providers and advertisers are offered solely as a convenience to you. SCANCODE has not reviewed these third party sites and we will not assume responsibility for the content and/or the privacy practices employed by these or other sites. Furthermore, SCANCODE does not sponsor or endorse their products, services and other materials available through these other sites and will not assume responsibility for any results, damages or losses of any kind that arise from the use of these third party Web sites. Please understand that if you decide to access any of the third-party Web sites linked to this site, you do so at your own risk.

TRADEMARKS

The product names, company names and logos of SCANCODE or any affiliate used on this Site may be trademarks including registered trademarks of SCANCODE or an affiliate. Such product names, company names and logos of SCANCODE and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of SCANCODE. Other product and company names mentioned on this site may be the trademark of their respective owners and no rights are granted by SCANCODE with respect to them.

LEGAL CONTACTS

SCANCODE Systems Inc. is a private company whose core focus is the development and sale of its software and related services. If you have any questions concerning the usage of Scancode copyrighted materials, questions regarding the usage or license of SCANCODE registered marks and trademarks or any other questions pertaining to these terms and conditions, contact the SCANCODE legal department via email at webmaster@scancode.com or via postal mail at the following address:

Scancode Systems Inc.
Centennial Business Court
220-5535 Eglinton Avenue West,
Toronto, Ontario
Canada M9C 5K5
ATTN: Legal Department