BETWEEN:
Professionnels en règlement des différends s.a
1080 Côte du Beaver Hall, Suite 1610,
Montréal (Québec) H2Z 1S8
(hereinafter "PRDSA")
AND:
The "LICENSEE"
WHEREAS the training acquired by the LICENSEE was developed, produced and carried out by PRDSA.
WHEREAS the fees for the acquisition of TRAINING on an INDIVIDUAL registration basis are established in consideration of compliance with the terms and conditions more fully described herein.
WHEREAS the video clips, sound recordings and written documentation provided to the LICENSEE in connection with the INDIVIDUAL TRAINING in download format are subject to the terms and conditions of this license;
WHEREAS, at the time of the online purchase of the INDIVIDUAL TRAINING, the LICENSEE obtains from PRDSA a limited, non-exclusive and non-transferable license to access the content thereof according to the following terms and conditions:
- This license agreement sets out the terms and conditions of use for INDIVIDUAL TRAINING.
- In consideration of full payment of the cost of the INDIVIDUAL TRAINING, plus applicable taxes, PRDSA grants the LICENSEE a non-commercial license to make personal use of the INDIVIDUAL TRAINING for learning and awareness purposes;
- Under no circumstances does the license granted herein permit LICENSEE to:
(a) modify, adapt, reproduce, translate or otherwise create derivative works from the INDIVIDUAL TRAINING content;
(b) rent, sublicense, resell, lend, assign, redistribute, transfer, broadcast, perform, communicate to the public, including making available to the public, or to any other person within the organization in which he works, by any means or on any medium or platform whatsoever, including, but not limited to, any printed medium, website, Internet, social networks, YouTube or Vimeo, whether for commercial purposes or for work for any other purpose, all or part of the content of the INDIVIDUAL TRAINING;
(c) remove or alter any copyright or proprietary rights notice contained in the video or audio clips or written materials that make up the INDIVIDUAL TRAINING;
(d) use the INDIVIDUAL TRAINING to develop a competing product.
- LICENSEE agrees to use its best efforts to protect the limitations set forth in this license.
- The LICENSEE acknowledges and agrees that PRDSA remains the owner of all property rights, copyrights and intellectual property rights to the KIT, and that as such, PRDSA may exercise all rights arising therefrom, without limitation.
- PRDSA reserves the right to terminate this license without further notice or delay in the event of non-compliance with its terms and conditions by the licensee, retaining any sums already paid as a penalty.
- The Licensee agrees to use its best efforts to attempt to settle any dispute that may arise in connection with the performance or interpretation of this License by means of an amicable method of dispute resolution such as mediation, the costs of which will be borne equally by both parties.
- This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and any dispute arising hereunder shall be submitted to the jurisdiction of the competent courts of the judicial district of Quebec.