End User License Agreement for Mobile Device Applications
Effective October 3, 2012
This End-User License Agreement (“Agreement”) governs your use of the Dietitians
of Canada mobile software (“Software”) and Services (described in Section 5) provided
by Dietitians of Canada, its affiliates, designated service providers or contractors
(“Dietitians of Canada”). The Software is designed to operate on your mobile phone,
tablet or other mobile computing device, personal computer, or any other computing
device upon which this Software is capable of execution (a “Computing Device”).
The Software is licensed, not sold.
If the Software is provided to you through a third party software distributor, including
without limitation, Apple’s App Store, Research in Motion’s App World, or Google’s
Android Market (“Platform Providers”) in connection with an authorized Computing
Device, you agree that, as the user of this Software, this Agreement is between
you and Dietitians of Canada and not with any of the Platform Providers. You also
acknowledge that the Platform Providers have no obligation whatsoever to furnish
any maintenance and support services with respect to the Software. Your use of the
Software as made available to you through a Platform Provider is conditioned upon
your acceptance of that Platform Provider’s terms and conditions for their platform.
Your use of the Software constitutes your acceptance of the terms of this Agreement,
which may be amended from time to time by Dietitians of Canada. The most recent
version of this Agreement shall always be available on the Internet at
www.dietitians.ca/mobile_terms/en. Dietitians of Canada reserves the right
to change or modify this Agreement or any other Dietitians of Canada policies related
to use of the Software or Services at any time, and at its sole discretion, by posting
revisions on the Internet at www.dietitians.ca/mobile_terms/en.
Continued use of the Software and Services following the posting of these changes
or modifications will constitute acceptance of such changes or modifications. It
is your responsibility to obtain a copy of these terms and conditions.
1. License.
Subject to the terms of this Agreement, Dietitians of Canada grants to you a nontransferable,
nonexclusive, royalty-free, fully paid, worldwide license (without the right to
sublicense) to install and use one copy of the Software, in executable object code
format only, solely on a single Computing Device. If you obtained the Software through
a Platform Provider, your use of the Software is limited to the Computing Device
or Computing Devices associated with your account with that Platform Provider, and
is subject to the Platform Providers then-current terms and conditions.
2. License Restrictions.
You agree to the following license restrictions: (a) to use the Software solely
for your personal, noncommercial use; (b) to not duplicate, copy or distribute the
Software except as necessary to use it on your Computing Device; (c) to not license,
sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise
commercially exploit the Software or make the Software available to any third party;
(d) to not copy the written materials accompanying the Software; (e) to not modify,
translate, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Software in order to build a similar or competitive product or service,
including without limitation the look and feel of the Software; (f) to not use any
trade-mark or trade-name in the Software without permission; and (g) to preserve
all copyright and other proprietary rights notices on the Software and all copies
thereof.
You represent and warrant that you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country; and you are not listed on any U.S. Government
list of prohibited or restricted parties.
3. Copyrights and Trademarks.
You acknowledge that no title to the intellectual property in the Software is transferred
to you. You further acknowledge that title and full ownership rights to the Software
will remain the exclusive property of Dietitians of Canada and/or its suppliers
or licensors, and you will not acquire any rights to the Software except as expressly
set forth above. All title and copyrights in and to the Software (including but
not limited to any images, photographs, animations, video, audio, look and feel,
music, text and dynamic interactive elements incorporated into the Software), the
accompanying printed materials, and any copies of the Software, are owned by Dietitians
of Canada or its suppliers or licensors.
This Software is protected by copyright laws, international copyright treaties,
other intellectual property laws and treaties.
All trademarks appearing in the Software, Services or Agreement are the property
of their respective owners, including without limitation DIETITIANS OF CANADA.
All trademarks appearing in the Software, Services or Agreement are the property
of their respective owners, including without limitation DIETITIANS OF CANADA.
4. Updates or Upgrades to The Software.
Dietitians of Canada is not obligated to provide any updates or upgrades to the
Software, but may do so from time to time at its sole discretion.
5. Services; Third-Party Materials.
A. Generally.
The Software may enable access to Dietitians of Canada’s and third-Party services
and web sites (collectively and individually, “Services”). Use of the Services may
require Internet access and you accept additional terms of service by making use
of these Internet-accessible Services.
Certain Services may display, include or make available content, data, information,
applications or materials from third parties (“Third-Party Materials”) or provide
links to certain third-party web sites. By using the Services, you acknowledge and
agree that Dietitians of Canada is not responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality or any other aspect of such Third-Party Materials or web sites.
Dietitians of Canada does not warrant or endorse and does not assume and will not
have any liability or responsibility to you or any other person for any Third-Party
Materials or web sites, or for any other materials, products, or services of third
parties. Third-Party Materials and links to other web sites are provided solely
as a convenience to you. It is your responsibility to obtain a copy of these terms
and conditions.
You agree that the Services contain proprietary content, information and material
that is protected by applicable intellectual property and other laws, including
but not limited to copyright, and that you will not use such proprietary content,
information or materials in any way whatsoever except for permitted use of the Services.
No portion of the Services may be reproduced in any form or by any means. You agree
not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Services, in any manner, and you shall not exploit the Services in any unauthorized
way whatsoever, including but not limited to, by trespass or burdening network capacity.
Dietitians of Canada makes no representation that the Services are appropriate or
available for use in any particular location. To the extent you choose to access
such Services, you do so at your own initiative and are responsible for compliance
with any applicable laws.
Dietitians of Canada reserves the right to change, suspend, remove, terminate, or
disable access to any Services for any or no reason at any time without notice.
In no event will Dietitians of Canada be liable for the removal of, termination,
or disabling of access to any such Services. Dietitians of Canada may also impose
limits on the use of or access to certain Services, in any case, and without notice
or liability.
B. Use of Your Personal Information.
In order to use certain aspects of the Software or to receive any technical support
from Dietitians of Canada, you may be required to provide an e-mail address or other
contact information. If you choose not to provide an e-mail address, you may not
be able to use certain features of the Software or receive technical support. Dietitians
of Canada will not distribute, rent or sell your e-mail address or other contact
information it collects from you for these purposes.
We may place e-mail links or forms in the Software to allow you to contact Dietitians
of Canada. It is always your choice whether or not to provide any personal information
in such communications.
Dietitians of Canada does not collect personally identifying location-based data
from you through the Software. You agree that Dietitians of Canada may collect location-based
data from you through the Software, and may use this information to establish statistical
data and improve our services, as long as it is in a form that does not personally
identify you. You will have the ability to utilize social media network location
services which inherently share personally identifying location-based data, and
are governed by the terms and conditions and privacy policies specific to those
services.
Your e-mail address and non-personally identifying location-based information collected
through the Software may be processed in Canada or another country outside the one
in which you reside. By using the Software, you agree to any such transfer of information
outside of your country.
Dietitians of Canada’s most current Privacy Policy, available at on our website
at www.dietitians.ca, applies to use of the
Software, and its terms are made a part of this Agreement by this reference. It
is your responsibility to obtain a copy of these terms and conditions.
6. No Warranty.
THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND.
DIETITIANS OF CANADA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT
TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
DIETITIANS OF CANADA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED
BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE
OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
OR SERVICES WILL BE CORRECTED.
DIETITIANS OF CANADA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION
OR DATA IN THE SOFTWARE OR ACCESSED BY THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIETITIANS OF CANADA OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY.
UNDER NO CIRCUMSTANCES SHALL DIETITIANS OF CANADA BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES,
OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations
on applicable statutory rights of a consumer, so the paragraphs above in this section
do not apply to you to the extent that such exclusions apply by law.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIETITIANS OF CANADA OR ANY
PLATFORM PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE
OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT
OR OTHERWISE) AND EVEN IF DIETITIANS OF CANADA OR A PLATFORM PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DIETITIANS OF CANADA’S OR ANY PLATFORM PROVIDER’S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PRICE PAID FOR THE SOFTWARE, IF ANY. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
Some jurisdictions do not allow the limitation of liability for personal injury,
or of incidental or consequential damages, so this limitation may not apply to you.
8. Indemnification by You.
You agree to indemnify and hold Dietitians of Canada, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless from any
loss, liability, claim or demand, including reasonable attorney’s fees, made by
any third party due to or arising out of your use of the Software or Services in
violation of this Agreement, arising from a breach of this Agreement, or any breach
of your representations or warranties.
9. Injunctive Relief.
You acknowledge that a violation of the provisions of this Agreement would cause
serious and irreparable harm to Dietitians of Canada. If a breach of this Agreement
occurs, you agree that Dietitians of Canada shall be entitled to an injunction without
the necessity of proving the usual prerequisites for injunctive relief. This does
not affect in any manner any other legal or equitable remedies available to Dietitians
of Canada for breach of this Agreement.
10. Choice of Law, Jurisdiction and Venue.
You agree that any disputes between Dietitians of Canada and you shall be resolved
under the substantive law of the province of Ontario in Canada (exclusive of its
choice of law provisions). The Convention for the International Sale of Goods shall
not apply. You and Dietitians of Canada agree to submit all disputes to the exclusive
jurisdiction of the provincial and federal courts located in Toronto, Ontario.
11. Third-Party Beneficiary.
If you obtained this Software through a Platform Provider, then you agree that such
Platform Provider is a third-party beneficiary to this Agreement. Upon your acceptance
of this Agreement, such Platform Provider will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a third-party
beneficiary of this Agreement.
12. Assignment.
You may not assign your rights under this Agreement to any third party; Dietitians
of Canada may assign your rights under this Agreement without condition.
13. Termination.
The Software license is effective until terminated by you or Dietitians of Canada.
Your rights under this license will terminate automatically without notice from
Dietitians of Canada if you fail to comply with any term(s) of this license. Upon
termination of the license, you shall cease all use of the Software, and destroy
all copies, full or partial, of the Software.
14. Consent to Use of Data.
You agree that Dietitians of Canada may collect and use technical data and related
information, including but not limited to technical information about your device,
system and application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and other services
to you (if any) related to the Software. Dietitians of Canada may use this information,
as long as it is in a form that does not personally identify you, to improve its
products or to provide services or technologies to you.
15. Agreement.
This Agreement constitutes the entire agreement between you and Dietitians of Canada
regarding the use of the Software and supersedes any prior or contemporaneous understandings
and agreements between you and Dietitians of Canada related to its subject matter.
The section titles in this Agreement are for convenience only and have no legal
or contractual effect. Dietitians of Canada’s failure to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such right
or provision. The parties agree that each provision of this Agreement is intended
to be construed to be enforceable to the fullest extent possible. If any provision
or part of a provision of this Agreement is held to be unlawful, void, or unenforceable,
that provision or part of the provision shall be deemed severable from this Agreement
and not affect the validity and enforceability of any remaining provisions.
16. Developer Contact Information
Should you have any questions or complaints with respect to the Software, you may
direct them to us at:
Dietitians of Canada
480 University Avenue, Suite 604
Toronto, ON, M5G 1V2
Canada
centralinfo@dietitians.ca