End User License Agreement

END USER LICENSE AGREEMENT

 

Please read this Agreement carefully before using the i-SkillSuite™ Software.  It is a legal agreement between You and Canadian Customer Contact Centre Council (“Contact Centre Canada”) stating the terms that govern your use of the i-SkillSuite™ Software. This Agreement, together with all updates, additional terms, and all of Contact Center Canada’s rules, policies and other agreements, collectively constitute the “Agreement” between you and Contact Centre Canada. By accessing and using the i-SkillSuite™ Software, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement.  If you do not agree with all of the provisions of this Agreement, do not click “Agree” and do not use the i-SkillSuite™ Software.

 

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This Agreement governs the Use of the i-SkillSuite™ Software and constitutes an agreement between Contact Centre Canada (referred to below as “Contact Centre Canada”, “we”, “us” or “our”) and You, as a user of the i-SkillSuite™ Software.  Each time you Use the i-SkillSuite™ Software, you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it may be amended from time to time.  By Using this i-SkillSuite™ Software you also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent.  If you do not agree with all of the terms and conditions of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the i-SkillSuite™ Software.

 

2. CHANGES TO THIS AGREEMENT

Contact Centre Canada may change this Agreement at any time and from time to time without notice to you by updating this posting.  By continuing to use the i-SkillSuite™ Software after the change is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Agreement as amended.  You should therefore review this Agreement periodically for changes.  If you do not agree with the changes to this Agreement, you may not use the i-SkillSuite™ Software.

 

3. DEFINITIONS 

(a) “i-SkillSuite™ Software” means the i-SkillSuite™ software together with any upgrades, enhancements and/or bug fixes, as they are made available on Contact Centre Canada’s website;

 

(b) “i-SkillSuite™ Software Content” means includes any and all material, information in text, graphical video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the i-SkillSuite™ Software, other than User Content (as defined below), as well as the manner in which the foregoing is presented or appears, and all information relating thereto;

 

(c) “Use” means access, utilization and display of the i-SkillSuite™ Software to process your information and otherwise serve your internal business purposes; 

 

(d) “User Content” means any and all material, information in text, graphical video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names submitted, posted or displayed by you on or through the i-SkillSuite™ Software;

 

(e) “You” means you and/or the person you purport to represent.

 

4. PERMITTED USES 

Contact Centre Canada hereby grants you a royalty-free, personal, limited, revocable, non-transferable and non-exclusive license to Use the i-SkillSuite™ Software for personal, non-commercial and not-for-profit use only. The i-SkillSuite™ Software is made available to you for your lawful, personal use only. 

You may print pages from the i-SkillSuite™ Software with or without User Content from the Contact Centre Canada website for your personal, non-commercial use only, provided that you do not modify the i-SkillSuite™ Software or the i-SkillSuite™ Software Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, the i-SkillSuite™ Software and the i-SkillSuite™ Software Content may not be licensed or sublicensed, copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored, distributed, sold, transferred or assignment in any way, in whole or in part, without the express prior written consent of Contact Centre Canada or its licensors. 

 

You agree that you are solely responsible for actions and communications, including User Content, undertaken or transmitted in the course of your usage of the i-SkillSuite™ Software and that you will comply with all laws that apply or may apply to your access and use of the i-SkillSuite™ Software.

 

5. PROHIBITED USES

You may not, and may not allow others to, directly or indirectly: (i) use the i-SkillSuite™ Software and/or the i-SkillSuite™ Software Content for any purpose not expressly permitted by this Agreement; (ii) remove from any copy of the i-SkillSuite™ Software Content or from the i-SkillSuite™ Software any copyright or other proprietary notices contained on the i-SkillSuite™ Software; (iii) sell, decompile, modify or attempt to modify, or make derivative works based upon the i-SkillSuite™ Software Content or the i-SkillSuite™ Software in any way or reproduce or publicly display, perform or distribute or otherwise use the i-SkillSuite™ Software for any public, commercial or non-personal purpose, including, without limitation, use of the i-SkillSuite™ Software on any other website; (iv) use the i-SkillSuite™ Software in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the i-SkillSuite™ Software or Contact Center Canada’s website or any part thereof, or any  services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through Contact Centre Canada’s website; (v) disrupt or interfere with any other person’s use or enjoyment of the i-SkillSuite™ Software; (vi)  copy any of the software comprising the i-SkillSuite™ Software unless expressly permitted to do so by Contact Centre Canada and/or its licensors; (viii) copy or imitate, in whole or in part, the design of the i-SkillSuite™ Software, the i-SkillSuite™ Software Content, or any part thereof; or (ix) use, access or reverse engineer the i-SkillSuite™ Software in order to (1) build a product using similar ideas, features, functions or graphics; (2) build a competitive product; or (3) copy any ideas, features, functions or graphics of the i-SkillSuite™ Software for any purpose whatsoever except as permitted in this Agreement. 

 

6. INTELLECTUAL PROPERTY 

a. You agree that the i-SkillSuite™ Software, including but not limited to the i-SkillSuite™ Software Content, and graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the i-SkillSuite™ Software, contains proprietary information and material that is owned by Contact Centre Canada and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for accessing and/or using of the i-SkillSuite™ Software in compliance with the terms of this Agreement. No portion of the i-SkillSuite™ Software may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the i-SkillSuite™ Software, in any manner, and you shall not exploit the i-SkillSuite™ Software in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. 

 

b. Copyrights. All copyrights in and to the i-SkillSuite™ Software, including but not limited to the i-SkillSuite™ Software Content and software, are owned by Contact Centre Canada and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE I-SKILLSUITE™ SOFTWARE, EXCEPT FOR USE OF THE I-SKILLSUITE™ SOFTWARE AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. 

 

c. Trademarks. CONTACT CENTRE CANADA, CONTACT CENTRE CANADA & Design and other trade-marks, service marks, graphics, and logos used in connection with the i-SkillSuite™ Software are trademarks or registered trademarks of Contact Center Canada in Canada and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the i-SkillSuite™ Software, including but not limited to i-SkillSuite™ may be the trade-marks of their respective owners. You are granted no right or license with respect to any of the aforesaid trade-marks and any use of such trade-marks. 

 

d. Contact Centre Canada claims no ownership or control over any content including User Content. You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through the i-SkillSuite™ Software and you are responsible for protecting those rights. 

By submitting, posting, uploading or displaying User Content on or through the i-SkillSuite™ Software, you grant Contact Centre Canada a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, worldwide license to use, sublicense, reproduce, store, compile, download, adapt, translate, modify, translate, make derivative works from, transmit, publish, distribute, publicly perform or display such User Content for any purpose using any form, media or technology now known or later developed without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Contact Centre Canada. In addition, you hereby (i) agree to waive all moral rights in any User Content in favour of Contact Centre Canada; (ii) consent to your name, address and e-mail address appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (iii) acknowledge and agree that Contact Centre Canada is not responsible for any loss, damage, or corruption that may occur to your User Content; and (iv) acknowledge and agree that any User Content you provide for or on the i-SkillSuite™ Software will be considered non-confidential. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.

 

7. RESTRICTED AREA 

This area of the Contact Centre Canada website may only be accessed with a unique user identification and password.  If you are provided with a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person.  Contact Centre Canada is under no obligation to verify the actual identity or authority of any person using the unique user identification and password to access and/or use the i-SkillSuite™ Software or any part thereof. You are fully responsible for all activities that occur under your user identification or password, and release Contact Centre Canada from and indemnify Contact Centre Canada against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify Contact Centre Canada at 1 Promenade Antares Drive, Suite 230, Ottawa, Ontario K2E 8C4 if you know or suspect any unauthorized use of your user identification or password.

 

For the purposes of accessing any activity, feature or portion of the i-SkillSuite™ Software requiring the use of a user identification and/or password, the user identification and password remain the property of Contact Centre Canada and Contact Centre Canada may deny access to or use of the i-SkillSuite™ Software or any part thereof, or may cancel or suspend the user identification and password at any time in Contact Centre Canada’s sole discretion, without any notice or liability to you or any other person. 

 

8.  COMMENTS AND UNSOLICITED IDEAS

Contact Centre Canada welcomes your suggestions, ideas, changes, modifications, enhancements, enhancement requests, feedback, recommendations or other information regarding the i-SkillSuite™ Software and/or the i-SkillSuite™ Software Content (“Comments”). Any Comments you may submit to the i-SkillSuite™ Software or to Contact Centre Canada’s website are subject to the terms referenced below.

 

You hereby assign all right, title and interest in any to any Comments provided to Contact Centre Canada immediately upon their creation. You also warrant and represent that all moral rights in the Comments are waived.

 

9. DISCLAIMERS

YOUR USE OF THE I-SKILLSUITE™ SOFTWARE IS AT YOUR OWN RISK.  THE I-SKILLSUITE™ SOFTWARE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR FREE OPERATION, OPERATION WITHOUT DELAY, COMPATIBILITY WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, FREEDOM FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY CONTACT CENTRE CANADA AND CONTACT CENTRE CANADA’S PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.  

 

YOU (AND NOT CONTACT CENTRE CANADA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR USE OF THE I-SKILLSUITE™ SOFTWARE.

 

10. LIABILITY LIMITATIONS

IN NO EVENT WILL CONTACT CENTRE CANADA, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH OR RELATING TO THE I-SKILLSUITE™ SOFTWARE, ACCESS TO AND/OR USE OF THE I-SKILLSUITE™ SOFTWARE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, USER CONTENT, PRODUCTS OR SERVICES, THE DELETION, CORRECTIONI, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY USER CONTENT, THE USE OR INABILITY TO USE THE I-SKILLSUITE™ SOFTWARE OR THE I-SKILLSUITE™ SOFTWARE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY CONTACT CENTRE CANADA OR ITS LICENSORS, OR ANY PERSON FOR WHOM CONTACT CENTRE CANADA IS RESPONSIBLE, EVEN IF CONTACT CENTRE CANADA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. 

 

11. INDEMNITY

You agree to indemnify, defend and hold harmless Contact Centre Canada and all of its agents, directors, employees, information providers, licensors, officers and all other related, associated, or connected individual or corporate parties (collectively, the “Indemnified Parties”) from and against any and all actions, proceedings, costs, claims damages, demands, liabilities and costs, including without limitation reasonable legal fees and expenses, sustained and/or incurred by the Indemnified Parties, directly or indirectly arising out of or connected to your use of the i-SkillSuite™ Software, your violation or infringement of the rights of others, including without limitation those of Contact Centre Canada and/or its licensors, and/or your violation of any applicable laws. You will assist and co-operate as fully as reasonably required by Contact Centre Canada in the defence of any such claim or demand.

 

12. LINKING AND FRAMING

Links to the i-SkillSuite™ Software without the express written permission of Contact Centre Canada are strictly prohibited. To request permission to link to the i-SkillSuite™ Software, please contact Contact Centre Canada’s webmaster at 1 Promenade Antares Drive, Suite 230, Ottawa, Ontario K2E 8C4.  Contact Centre Canada reserves the right to summarily cancel and revoke at any time and without notice any permission it may give to link to the i-SkillSuite™ Software.

 

The framing of the i-SkillSuite™ Software or any of the i-SkillSuite™ Software Content in any form and by any method is strictly prohibited.

 

13. PRIVACY POLICY 

Contact Centre Canada may, in its discretion, monitor your use of the i-SkillSuite™ Software or any part thereof. Contact Centre Canada collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and available by clicking here [insert hyperlink]). This Privacy Policy may be changed by Contact Centre Canada from time to time, in its sole discretion, without notifying or being liable to you or any other person, by making an amended Privacy Policy accessible through this website. Each time you use the Contact Centre Canada’s website, you consent to the collection, use and disclosure of your personal information by Contact Centre Canada in accordance with the Privacy Policy as it then reads.

 

14. TERMINATION OF WEB SITE USE AND THIS AGREEMENT

If you breach any provision of this Agreement, Contact Centre Canada may prohibit you from Using the i-SkillSuite™ Software or Contact Centre Canada’s website. Contact Centre Canada may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the i-SkillSuite™ Software and/or any part thereof, including changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the i-SkillSuite™ Software. Contact Centre Canada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the i-SkillSuite™ Software at any time without notice, but confirms that it has no obligation to do so.  

 

If this Agreement or your permission to Use the i-SkillSuite™ Software is terminated by you or us for any reason, then (a) you must cease any use of the i-SkillSuite™ Software and destroy all materials obtained from the i-SkillSuite™ Software and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise; (b) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the i-SkillSuite™ Software and anything connected with, relating to or arising from that use; and (c) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 4 (Permitted Uses), 5 (Prohibited Uses), 6 (Intellectual Property), 8 (Comments and Unsolicited Ideas), 9 (Disclaimers), 10 (Liability Limitations), 11 (Indemnity), 12 (Linking and Framing), 14 (Termination), 15 (Governing Law and Dispute Resolution) and 16 (Contact) survive indefinitely after the termination of this Agreement.

 

15. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your use of the i-SkillSuite™ Software, and all matters relating thereto are governed by the laws of the Province of Ontario, Canada and the 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 Contact Centre Canada and you arising from or relating to the i-SkillSuite™ Software or this Agreement shall be resolved before the Courts of the Ottawa, Canada sitting in the City of Ottawa, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.

 

16. CONTACT US

If you have any comments or questions about this Agreement or your use of the i-SkillSuite™ Software or any part thereof, please contact Contact Centre Canada at 1 Promenade Antares Drive, Suite 230, Ottawa, Ontario K2E 8C4. 

 

17. GENERAL

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 severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Contact Centre Canada relating to your use of the i-SkillSuite™ Software and supersedes all previous agreements, written, oral or otherwise, between the you and Contact Centre Canada with respect to your use of the i-SkillSuite™ Software.  This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and Contact Centre Canada regarding other matters.

 

Any rights not expressly granted by this Agreement are reserved to Contact Centre Canada

Last Updated:  May 3, 2010