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ESTec Group of companies
Web Site Terms of Use

Revised June 2002

Read these ESTec Terms of Use ("Terms") carefully before You ("You") accept these Terms by using the ESTec website ("Website") in any other manner. If You do not agree to all of these terms, do not use this Website.

The Terms are entered into by and between ESTec Systems Corp, and its subsidiaries ("ESTec") and You. If you are using the Services on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer's behalf. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new ESTec resources.

This Web site is provided by ESTec and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

1. Limited License

Subject to the terms and conditions set forth in this Agreement, ESTec grants you a non-exclusive, nontransferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

ESTec authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) 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; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. 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, ESTec does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

2. Information Provided By You

ESTec does not want you to, and you should not, send any confidential or proprietary information to ESTec via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to ESTec will not be considered confidential or proprietary. By providing any such information or materials to ESTec, you grant to ESTec an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that ESTec is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ESTec. You further recognize that ESTec does not want you to, and you warrant that you shall not, provide any information or materials to ESTec that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

3. Your Conduct

You agree not to use the Services for any unlawful activities, including (without limitation) attempting to compromise the security of any networked account or site.

4. Use of Registration Data

You agree that ESTec, its Partner(s), or a designee of ESTec or Partner(s) may disclose Registration Data to third parties about you and information about Your use of the Service, provided that such disclosures do not include Your name, mailing address, email address, telephone or facsimile number, or account number, unless such disclosure is required by law or legal process.

This Agreement includes the terms and conditions of the ESTec Privacy Policy, a copy of which is located at http://www.ESTec.com/privacy.html, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

5. Links

ESTec contains links to other related World Wide Web Internet sites, resources, and sponsors of ESTec. Since ESTec is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. Links do not imply that ESTec sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ESTec or any of its affiliates or subsidiaries.

6. Username and Password

You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ESTec of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ESTec cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ESTec's sole discretion, and ESTec may refer you to appropriate law enforcement agencies.

7. Fees and Payments

ESTec reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time ESTec requires a fee for portions of the Service that are now free, ESTec will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by ESTec or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

8. Changes

ESTec reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

ESTec may terminate, change, suspend or discontinue any aspect of any ESTec Site, including the availability of any features of the Site, at any time. ESTec may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. ESTec may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.


9. Advertisements and Promotions

ESTec may from time to time run advertisements and promotions from third parties on the Services. The manner, mode and extent of advertising is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ESTec found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. ESTec is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ESTec advertisers on the Services.

10. Termination

ESTec may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

11. Breach of Terms

Any breach of the Terms will result in irreparable harm to ESTec for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ESTec will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ESTec seeks such an injunction.

12. Indemnity

You agree to indemnify and hold ESTec, and its subsidiaries, affiliates, officers, agents, or partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Services, including any use by Your employees, Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another.

13. International Users and Choice of Law

This Site is controlled, operated and administered by ESTec from its offices within Canada. ESTec makes no representation that materials at this site are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Canadian export laws and regulations. If you access this Site from a locations outside of Canada, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the province of Alberta, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between ESTec and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

14. Disclaimer

The materials may contain inaccuracies and typographical errors. ESTec does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ESTec reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. ESTec may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

This site, the information and materials on the site, and the software made available on the site, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

15. Limitations of Damages

In no event shall ESTec or any of its subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if ESTec is expressly advised of the possibility of such damages.

16. MISCELLANEOUS

Official correspondence must be sent via postal mail to:
ESTec Systems Corp.
2nd floor, 17510 102 Avenue
Edmonton, Alberta, Canada, T5S 1K2

I have read and understand the foregoing agreement and agree to be bound by all of its terms.


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