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Soldier Systems TRM > Conditions of Use

ICee — Conditions of Use

1. Introduction

The Soldier Systems Innovation Collaboration and Exchange Environment collaboration tool ("ICee"), which includes the ICee database ("ICee-D") and the ICee wiki ("ICee-W") and the software and technology used to operate ICee (collectively, the "Website"), provides an online platform for Government of Canada organizations and defence industry participants from the academic and private sectors to document products, technologies, projects, capabilities and services (collectively, "Roadmap Items") that could be of interest to the Government of Canada's Department of National Defence Soldier Modernization Effort and the development of the Soldier Systems Technology Roadmap as further described in Soldier Systems Technology Roadmap Principles. In addition to Roadmap Items, the Website contains documents, attachments, information, data, text, comments, reviews, graphics, messages and other materials that are from time to time posted, uploaded or transmitted to or otherwise made available on the Website by the Government of Canada and other sources, including you (collectively, the "Content").

These Conditions of Use (the "Agreement") are an agreement between you and Her Majesty the Queen in Right of Canada as represented by the Minister of Industry for the benefit of the Government of Canada (including the Department of Industry and the Department of National Defence) ("Canada"). "You" means the individual who accesses and uses the Website or Content. You may be a representative of a Government of Canada organization (a "Government User"), or you may be a representative of an academic or private sector business or other organization (a "Non-Government User"). All persons accessing and using the Website or Content, including you, are called "Users". In addition to this Agreement, Government Users must comply with applicable Government of Canada policies, such as policies on the acceptable use of websites and electronic networks and the Government of Canada Values and Ethics Code for the Public Service.

2. Acceptance of Conditions of Use

Your access to and use of the Website and the Content is subject to your acceptance of and compliance with this Agreement. By accessing and using the Website or Content, You acknowledge that you have read, understood and agreed, without limitation or qualification, to be bound by this Agreement. Canada may in its discretion change, add or remove all or any part of this Agreement from time to time, which changes shall become part of the Agreement and shall be effective as soon as the revised Agreement is posted on the Website. We will notify you when a revised Agreement is posted. By continuing to use the Website or Content after the Agreement has been revised, you are indicating your acceptance and agreement, without limitation or qualification, to be bound by the revised Agreement. If you do not agree to be bound by each provision of this Agreement now or as later revised, you are not authorized to access to use the Website and Content and must immediately discontinue your use of the Website and Content.

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3. Registration, Accounts, Passwords

You must have obtained an Industry Canada account with a username and password (collectively an "Access Code") and be issued ICee user privileges in order to access and use the Website and Content. In order to register, you must provide personal information about yourself including your name and email address, the organization you represent (your "Organization") and your references (collectively, this is your "Registration Information"). You must provide accurate and complete Registration Information, and update it to keep it so. Your type of ICee user privileges will be based on your Registration Information. If you are a Non-Government User, you will be issued contributor or reviewer privileges, both of which allow you to view all Roadmap Items, edit your own Roadmap Items, and make comments and contributions in ICee-W. If you are a Government User, you may be issued contributor, reviewer, moderator ("Moderator"), Soldier Systems TRM authority ("Soldier Systems TRM Authorities") or administrator ("Administrator") privileges, depending on your role within the Government of Canada and for the Soldier Systems Technology Roadmapping effort.

You are fully responsible and liable for all use and misuse of the Website and Content occurring under your Access Code. You must keep your Access Code confidential and secure and not permit anyone to use your Access Code. If you know or suspect that your Access Code has become known to or used by any other person, you must immediately notify Canada at icee-eeci@ic.gc.ca. If Canada in its discretion considers your Access Code to be insecure or to have been used inappropriately, then Canada may immediately suspend or cancel your Access Code without any notice or liability to you.

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4. User Conduct and Content

You are permitted to access and use the Website only for the non-commercial purpose for which the Website is intended as described above. In doing so, you may post, transmit or otherwise make Content available on the Website ("your Contributed Content"). You agree not to upload, post, email, transmit or otherwise make available any Contributed Content that:

  1. is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, derogatory, or discriminatory, or which may incite or instruct anyone to undertake such activities;
  2. you do not have a right to make available under any law or under any contractual or fiduciary relationships (for example: insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights;
  4. contains any software, or any virus, cancelbot, trojan horse, worm, time lock or other harmful or disruptive component;
  5. constitutes an advertisement, encouragement, or specific recommendation to trade in any specific product, share or security;
  6. contains forged headers or manipulated identifiers in order to disguise the origins of any Content or that is inaccurate, misleading or otherwise deceptive;
  7. passes you off as, or in which you impersonate any person or entity, including Canada or otherwise misrepresents you or your connection with a third party in any way;
  8. is confidential, sensitive, personal or otherwise inappropriate to be placed in the Website or in a public forum generally.

You are fully responsible and liable for all your contributed Content, whether or not personally identifiable, and all loss, damage, liabilities, obligations or costs that you, Canada or any other person may incur if your contributed Content is false, incorrect, misleading or otherwise in contravention of this Agreement.

You also agree:

  1. to comply with all notices and requirements specified on the Website (including in any Content);
  2. that you will upload, post, email, transmit or otherwise make available only Contributed Content that is relevant to the designated topic(s) or Roadmap Item(s) of the respective web pages for which you provide Contributed Content;
  3. to comply with all applicable laws including those relating to disclosure and export of defence-related information and materials such as the U.S. International Traffic in Arms Regulations (ITAR), this Agreement, and the legal rights of Canada and other users of the Website when using this Website or any Content;
  4. not to use the Website or Content in a manner which would interfere with, disrupt or inhibit anyone from using or enjoying the Website or servers or networks connected to the Website, or has the potential to do so, including for example excessive email or Internet traffic, excessive distribution of data;
  5. not to attempt to defeat security features, through such means as using anti-security programs or using someone else's Access Code; and
  6. not to send any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation to other Website users.
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5. Monitoring and Compliance

Canada reserves the right to monitor your use of the Website and Content and to screen, block, delete or edit your Contributed Content in its discretion and without any notice or liability to you or any other person. For example, note that Canada may, in its discretion:

  1. screen and monitor your Contributed Content, and edit or remove any of your Contributed Content that contravenes this Agreement, or is inaccurate, inappropriate or otherwise objectionable, in Canada's determination;
  2. monitor your Contributed Content and use of the Website for any violations or suspected violations of law and report them to law enforcement authorities and cooperate with law enforcement authorities in investigating and prosecuting you in this regard; and
  3. monitor your Contributed Content and use of the Website to determine whether this Agreement has been violated, and take such steps as Canada considers appropriate in its discretion to stop the violation of this Agreement, including without limitation suspending or terminating your access to or use of the Website.

These activities may be conducted by one or more Government Users who are assigned the role of Moderator or Administrator. Moderators monitor Website activity and Content and may modify or delete Content as appropriate. The Administrator assists with monitoring and related functions, and also carries out Website administration such as registering and verifying Users.

Note that Canada is not obliged to undertake the activities described in this section and shall not be liable to any person for any failure to enforce this Agreement. If Canada does not enforce this Agreement against you in any particular circumstance, this does not mean that Canada waives any other preceding or subsequent violation of this Agreement.

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6. Privacy, and Editing of Content

As part of this Agreement, you acknowledge, consent and agree to the collection, use and disclosure of your Contributed Content and Registration Information in accordance with the Privacy Notice and this Agreement:

  • Your Registration Information will be used and disclosed by Canada (including Department of Industry and Department of National Defence) for purposes consistent with conducting the Soldier Systems Technology Roadmapping effort including ICee administration. ICee administration includes, for example, establishing and administering your Account Code, communicating with you (by email or otherwise) about the Website, Content and the Soldier Systems Technology Roadmapping effort generally, maintaining and improving the Website, and ensuring the security of the Website and connecting networks.
  • Your Registration Information is accessible to the Administrators at all times but not to any other Users, unless you opt-in to having your name, email address and Organization displayed with your Contributed Content. If you do opt-in, all Users can see this information in the Website. However, whether or not you opt-in, your name will appear with the Contributed Content that you transmit to ICee-W.
  • Certain of your Contributed Content may be treated as "Limited Disclosure Content." Limited Disclosure Content is specified information about a Roadmap Item, which you elect to transmit to the Website privately via the mechanism provided in ICee-D (the "Limited Disclosure Page") for viewing and use only by Soldier Systems TRM Authorities (who may be representatives of the Department of Industry or the Department of National Defence). The Administrators may also view and use the Limited Disclosure Content to carry out their responsibilities.
  • All your Contributed Content is accessible to all Users and will be considered public, except that your Limited Disclosure content will be accessible to Canada only, as described above. You acknowledge and agree that, subject to this restricted access to Limited Disclosure Content: (a) your Contributed Content is subject to the ownership and license provisions in Section 7 of this Agreement; and (b) all of your Contributed Content may be edited, removed, modified, published, transmitted and displayed on the Website and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
  • Only you and the Administrators are able to edit your Roadmap Items once they have been accepted to ICee-D. However, in ICee-W, all Users can view, edit and delete any Contributed Content submitted to ICee-W by any other User. All Users can view the history of the changes made in ICee-W. However, only the Administrator can permanently delete your Contributed Content from the Website. If you want permanently remove any of your Contributed Content you must contact ICee Administration.
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7. Intellectual Property Rights

  1. Definition:
    For the purpose of this Article, the term "Intellectual Property Rights" shall mean any and all intellectual property rights recognized by the law including intellectual property rights protected through legislation, such as copyright and trademarks.
  2. Ownership of Intellectual Property Rights
    1. All Intellectual Property Rights in and to the Website and Content shall remain the property of the respective owners of such Intellectual Property Rights. This means that:
      1. If you are a Non-government User, all Intellectual Property Rights in and to the Contributed Content that you provide shall vest in and be owned by you or your Organization, as the case may be.
      2. If you are a Government User, all Intellectual Property Rights in and to the Contributed Content that you provide shall vest in and be owned by Canada.
  3. Licences:
    1. Licence from Non-Government Users to Canada for Contributed Content other than Limited Disclosure Content

      You grant to Canada (on behalf of yourself and your Organization) a fully-paid, royalty-free, non-exclusive, irrevocable, perpetual, worldwide license to exercise, by any means and in any form or media now known or hereafter developed, all of the Intellectual Property Rights in and to your Contributed Content, other than Limited Disclosure Content, including the right to sublicense such rights, for any government purpose other than commercial exploitation.

      For greater certainty, but without limiting the generality of the foregoing, Canada's licensed rights granted under subsection 7c)i) above include the right to use any trade-mark, trade names or logos transmitted by you to the Website, along with your Contributed Content, and the right for Canada or a person hired by Canada to reproduce, extract, modify, publish, translate and communicate by telecommunication your Contributed Content, in whole or in part, as is necessary for the purposes of:
      1. developing and publishing documents related to the Soldier Systems Technology Roadmapping and Soldier Modernization effort;
      2. providing, operating, maintaining and further developing the Website;
      3. disclosing your Contributed Content to third parties bidding on or negotiating contracts with Canada and to sublicense or otherwise authorize the use of that Content by any third party engaged by Canada solely for the purpose of carrying out contracts. Canada will require these third parties and contractors not to use or disclose that information except as may be necessary to bid on, negotiate or carry out those contracts;
      4. reproducing and distributing your Contributed Content within the Government of Canada; and
      5. disclosing your Contributed Content to other governments for information purposes.

      You waive any rights you may have in having your Contributed Content altered or changed in a manner not agreeable to you.

      You acknowledge that Government Users will exercise the rights to your Contributed Content granted to Canada by this license, including in the course of their use of the Website and performing their functions as Moderators, Administrators, Soldier Systems TRM Authorities or otherwise.
    2. Licence from Non-Government Users to Canada for Limited Disclosure Content

      You grant to Canada (on behalf of yourself and your Organization) a license to exercise all of the Intellectual Property Rights in and to your Limited Disclosure Content on all of the same terms, conditions and acknowledgements as the license to your other Contibuted Content granted under subsection 7c)i) above, except that the Limited Disclosure may not be published, communicated by telecommunication, or otherwise distributed to anyone outside of the Government of Canada, other than to any contractors retained by Canada to assist with conducting the Soldier Systems Technology Roadmap effort.
    3. Licence from Canada to Non-Government Users

      Canada grants to a fully-paid, royalty-free, non-exclusive, non-transferable license to exercise, by any means and in any form or media now known or hereafter developed, all of Canada's Intellectual Property Rights in and to the Website and Content other than Limited Disclosure Content, including the rights licensed to Canada under subsection 7c)i) by other Non-Government Users, for your own internal purposes that are consistent with the Soldier Systems Technology Roadmapping effort only, and provided further that you:
      1. do not sublicense any of the rights hereby granted to you;
      2. do not commercially exploit the Website or Content;
      3. exercise due diligence in ensuring the accuracy of materials used, reproduced, modified, translated or distributed in accordance with this subsection and maintain all copyright and other proprietary notices;
      4. do not represent any or all reproductions as an official version of the materials reproduced, nor as having been made in affiliation with or with the endorsement of Canada; and
      5. treat the Content and the Website confidentially and not disclose outside of the Website environment any Content in any form that was not publicly available in identical format prior to being posted on the Website, until such time as Canada has made the Content publicly available on the public Soldier Systems Technology Roadmap website.

      You acknowledge and agree that your Contributed Content, other than Limited Disclosure Content, can be used on these same terms by all Non-Government Users.
  4. Authority to Grant Rights
    To the extent that your Organization is the owner or licensee of the Intellectual Property Rights in your Contributed Content, you represent and warrant that you have all necessary rights and authorization from your Organization to grant the licenses to those rights on the terms stated in this section 7.
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8. Disclaimer of Warranties

Your access to and use of the Website and Content is at your own risk and the Website and Content are provided on an "as is" and "as available" basis. Canada makes no representation and gives no warranty of any kind including with respect to the accuracy, availability, performance, freedom from viruses, usefulness, results, security, novelty, validity, scope, completeness, timeliness or currency of the Website or Content and expressly disclaims any implied warranty of merchantability, non-infringement or fitness for a particular purpose.

Canada does not sponsor or endorse and is not responsible or liable for any content posted, transmitted or otherwise made available on the Website by any Non-Government User or their use of the Website or their acts, omissions or misconduct (including without limitation any breach by them of any technology license agreement or other agreement, duty or obligation to you).

9. Limitation of Liability

You expressly understand and agree that you shall have no recourse against Canada, its ministers, employees, contractors, licensors or agents, for any loss, liability, damage or cost that you may suffer or incur at any time (including without limitation direct, indirect, incidental, consequential, special, punitive, or exemplary loss or damage or loss of business, income, profits, reputation or goodwill) by reason of your use of or inability to use the Website, your possession or use of any Content, any unauthorized access to or alteration of your contributed Content, or statements or conduct of any Non-Government User, or arising out of the exercise of your rights or the fulfilment of your obligations hereunder. Your sole and exclusive remedy is to cease using the Website and Content.

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10. Indemnity

You will at all times indemnify and hold Canada and its ministers, employees, contractors, licensors and agents harmless from all claims, demands, losses, damages, costs, actions or other proceedings made, sustained, brought or prosecuted by any person in any manner, based upon, or occasioned by, or attributed to any injury, infringement or damage arising from or out of: your contributed Content; any actions or omissions by you or your representatives; your erroneous communications; your performance or non-performance of your rights and obligations hereunder; your use of the Content; your use of the Website; or your dealings with third parties. You will assist and co-operate as fully as reasonably required by Canada in the defence of any such claim or demand.

11. Termination of Access

Canada may in its discretion at any time: a) change, discontinue, modify, restrict, suspend or terminate all or any part of the Website or Content; or b) refuse, suspend or terminate (in whole or in part) your permission to access and use the Website and Content for non-compliance with this Agreement. You may terminate your account at any time on request to icee-eeci@ic.gc.ca. This Agreement will continue to apply and be binding upon you regarding your prior access to and use of the Website and Content.

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12. General

  1. Relationship of Parties: Nothing in this Agreement or done pursuant to this Agreement will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Canada that does not otherwise exist with a Government User by virtue of a legal employment agreement.
  2. Notices: You authorize Canada to respond to your communications and give notices to you by means of posting on the Website, email or other communications methods. Email will be sent to the email address you provide to Canada in your Registration Information from time to time. You may provide notice to Canada by email or other communication methods at icee-eeci@ic.gc.ca. Electronic notices will be deemed received when posted or sent, regardless of whether or not accessed or read.
  3. Records: Canada's records (including information extracted from a computer) are, unless proven to be wrong, conclusive evidence of your access to and use of the Website and the Content.
  4. Severability: If any provision of this Agreement is found invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.
  5. Governing Law: This Agreement and any disputes related to the Agreement or Website shall be governed by and construed and enforced in accordance with the laws applicable in Canada. The courts of Canada shall have exclusive jurisdiction for any such matters.
  6. Disputes: If a dispute arises concerning this Agreement or the Website, the Parties shall first attempt resolve the matter by negotiation in accordance with the Soldier Systems Technology Roadmap Principles. Failing resolution within thirty days of commencing negotiation, the dispute shall be resolved by mediation by a mutually acceptable mediator, and secondly by binding arbitration.
  7. Assignment and Enurement: This Agreement is personal to you, and you may not assign it or any of your rights or obligations to any other person. Canada may assign this Agreement and any of Canada's rights or obligations without your consent.
  8. Interpretation: In this Agreement: (i) headings are for convenience only and have no legal or contractual effect; (ii) words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations, societies, and corporations; and (iii) words importing the singular number only include the plural and vice versa.
  9. Complete Agreement: This Agreement is the entire agreement between you and Canada relating to your use of the Website and Content and supersedes all previous, written and oral agreements with respect to that subject.
Date Modified: 2010-08-24

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