Termes d'utilisation

This SearchCanvas terms of use agreement (the "Terms of Use") is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and BA Software Limited, including all of its subsidiary, affiliated entities and partners (referred to hereinafter as "BA", "we," "us", or "our"). Use of the Searchcanvas.com website (the "Site"), and all software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the software and/or applications made available at the Site (collectively, the "Software"), requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking on the "Next", "Run" or "Yes" button provided. 

By accessing and using the Site, and/or using the Software, you acknowledge that you have read both these Terms of Use and the SearchCanvas Privacy Policy ("Privacy Policy") and agree to be fully bound by their respective terms and conditions, and any subsequent modifications made thereto hereafter. Further, any and all third party users of your computer that have access to the Site and/or Software are bound by the terms, conditions and restrictions contained within these Terms of Use and the Privacy Policy, and you shall be responsible for any and all acts and omissions of such third parties. To view the Privacy Policy, please see http://www.searchcanvas.com/about/privacy.

BA may modify these Terms of Use at any time without prior notice to you and such modifications shall be deemed effective upon posting of the modified Terms of Use at the Site. You agree to periodically review the Terms of Use available on the Site to remain aware of any modifications to same. Your continued use of the Software shall be deemed your conclusive acceptance of the Terms of Use then in effect at the time of your usage.

You must be thirteen (13) years old or older to access the Site and/or use the Software. If you are not yet thirteen (13) years old, you may not access the Site and/or use the Software. If you are at least thirteen (13) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) review these Terms of Use with you, discuss any questions that you might have and give you their permission to access the Site and/or use the Software. If you are a parent or a guardian, you are responsible for exercising supervision over your children's online activities. If you do not agree to the terms of these Terms of Use, do not let your child access the Site and/or use the Software. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child is using the Software without your authorization, please use the contact form at http://www.searchcanvas.com/about/contacts.

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE SITE AND/OR USING THE SOFTWARE. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE AND/OR SOFTWARE, UNTIL YOU HAVE AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SOFTWARE.

1.  The Software

These Terms of Use govern your use of the SearchCanvas search software (the "Software"), as well as any and all search results generated in connection with, or otherwise derived from, the Software (the "Search Results").

2. Software and Search Results License Grant

Subject to the terms and conditions contained herein, BA hereby grants to you a non-exclusive, non-transferable and non-assignable license, for your own personal, internal, end-use purposes only (excluding the commercialization of BA information technology, Search Results and online products and/or services), to use the Software and access and use the Search Results. This license shall be in effect from the time you accept these Terms of Use, and shall remain in effect for so long as you access the Site, Software and/or Search Results, unless this license is otherwise terminated. This license will terminate upon the conditions set forth in these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In addition, BA may terminate these Terms of Use for any reason with or without notice to you.

3. Ownership and Intellectual Property Rights

The Software, Search Results and Site are protected by United States Copyright Laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software, Search Results and Site are proprietary to BA (and/or its third party licensors, suppliers, resellers and partners). All right, title and interest in and to the Software, Search Results and Site (including associated intellectual property rights) are and will remain vested in BA and/or its third party licensors, suppliers, resellers and partners. You acknowledge that no rights, license or interest in or to any trademarks or trade names of BA and/or its third party licensors, suppliers, resellers and partners are granted hereunder. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BA is prohibited.

4. License/Usage Restrictions

The Software and Search Results are provided to up on a personal, worldwide, royalty-free, non-assignable and non-exclusive license. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Software and Search Results as provided by BA, in the manner permitted under this Terms of Use.

You may not (and you may not permit anyone else) to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, Search Results or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BA, in writing.

You may not sublicense, assign, share, pledge, rent or transfer any of your rights under these Terms of Use in relation to the Site, Software, Search Results or any portion thereof. You agree not to use the Software, Search Results, Site and/or any other services provided by BA to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.

BA reserves the right to modify, amend or cease to offer any of the services associated with the Software or Site with or without notice to you.

5. Claims of Copyright Infringement

BA respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.  You may do so by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BA's designated Copyright Agent to receive notifications of claimed infringement is:

Attn: Copyright SearchCanvas
3518 Fremont Avenue North #321
Seattle, WA 98103
UNITED STATES

Email: support@searchcanvas.com

You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

6. Results from Use of Software

The Software may provide access to Search Results or links to other websites or resources. Because BA has no control over such third party websites and resources, you acknowledge and agree that BA is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that BA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products and/or services available on or through the Search Results and/or any such website or resource.

The Software, Search Results and Site are exposed to various security issues, and should be regarded as unsecure. By accepting these Terms of Use, you acknowledge and accept that the Software, Search Results, Site and any other information that you access or offer to share by means of the Software, Search Results, Site or otherwise may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.

7. Disclaimer of Warranty

THE SOFTWARE, SEARCH RESULTS AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SOFTWARE, SEARCH RESULTS AND/OR SITE IS AT YOUR OWN RISK. BA AND ITS LICENSORS, SUPPLIERS, PARTNERS AND RESELLERS DO NOT WARRANT THAT THE SOFTWARE, SEARCH RESULTS AND SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE, SEARCH RESULTS AND/OR SITE WILL BE UNINTERRRUPTED, ERROR FREE, SECURE, ACCURATE, COMPLETE OR CURRENT. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS DISCLAIMER EXTENDS TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW AND/OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

8.  Indemnification

YOU AGREE TO INDEMNIFY AND HOLD BA, ITS LICENSORS RESELLERS, PARTNERS, THIRD PARTY SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, DUE TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE, SEARCH RESULTS, SITE OR YOUR BREACH OF THESE TERMS OF USE.

9. Limitation of Liability

BA'S AGGREGATE LIABILITY AND THAT OF ITS LICENSORS, RESELLERS, PARTNERS, AND THIRD PARTY SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT TO EXCEED THE TOTAL OF FOUR HUNDRED DOLLARS ($400.00). NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL BA, ITS LICENSORS, PARTNERS, RESELLERS AND/OR THIRD PARTY SUPPLIERS BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF BA OR ANY OTHER APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF DATA ARISING OUT OF, OR RELATED TO, THE USE OF OR INABILITY TO USE THE SOFTWARE, SEARCH RESULTS AND/OR SITE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.

10. Legal Warning

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Software is a violation of criminal and civil law and BA will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

11. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

12. General Provisions

(a) Survival. The limitations of liability and ownership rights of BA and its third party licensors, partners, resellers and suppliers contained herein and your confidentiality obligations and other obligations following termination of these Terms of Use shall survive the termination of these Terms of Use for any reason.

(b) Severability. If any provision of these Terms of Use is declared invalid by any court of competent jurisdiction, applicable statute or rule of law, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of these Terms of Use as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from these Terms of Use as though such provision had never been included herein.

(c) Conflicting Terms. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter of these Terms of Use and supersede all prior or contemporaneous communications between the parties. Where there is a conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall control in all respects.

(d) Governing Law. These Terms of Use shall be governed by the laws of the State of Washington, without regard to its conflict of laws principles. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and any state Uniform Computer Information Transactions Act or similar federal, provincial or state laws or regulations.

(e) Arbitration. Any controversy or claim arising out of or relating to these Terms of Use, the Software, the Search Results and/or the Site will be settled by binding arbitration in accordance with the then-current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Seattle, Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BA may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington, as necessary to protect your rights or property or those of BA pending an outcome in arbitration.

(f) Class Action. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BA and/or its employees, officers, directors, members or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BA incurs in seeking such relief. This Section 11(f) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join or participate in class action lawsuits is an independent agreement and shall survive the termination of these Terms of Use.

(g) Licensors, Suppliers, Resellers and Partners. Each party agrees that BA's licensors, suppliers, resellers and partners are third party beneficiaries to these Terms of Use with the right to rely on and enforce its terms to their full extent, notwithstanding that such entities are not parties to these Terms of Use. The parties further agree not to take any action that may prevent or otherwise impair any such licensor's, supplier's, reseller's or partner's exercise of these rights.

(h) Contacting the Site. If you have any questions about these Terms of Use, the Software, the Search Results or your dealings with the Site, please visit http://www.searchcanvas.com/about/contacts.

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