Terms and Conditions for Use of Canadian IP Data Products
These terms and conditions between Her Majesty the Queen in right of Canada, as represented by the Minister of Industry having been designated as the Minister responsible for the administration of the Canadian Intellectual Property Office, ("Canada") and purchasers of IP Data Products (as defined below) apply to orders for IP Data Products.
In these terms and conditions, the following words and phrases have the following meanings:
- "Bulk Transfer" means a transfer in which the quantity of data copied in an electronic format or otherwise converted to another format or medium and transferred to a third party equals or exceeds the quantity of a normal commercial sale of the data by Canada.
- "CD-R" means the Compact Disc Write Optical (5.25") media containing the Industrial Design Publications, Patent Publications, Trade-mark Publications in formats maintained by CIPO.
- "CIPO" means the Canadian Intellectual Property Office of Industry Canada.
- "Commercial Customer" means a customer who purchases IP Data Products from Canada.
- "Customer" includes both a Commercial Customer and a Non-profit Customer.
- "Industrial Design Publications" means the industrial design data compiled and made available by CIPO.
- "IP Data Products" means products ordered by Customer including one or more of Industrial Design Publications, Patent Publications and Trade-mark Publications.
- "Non-profit Customer" means a university or non-profit organization.
- "Order Form" means the order form for ordering IP Data Products made available by CIPO.
- "Patent Publications" means publications related to applications open to public inspection (A1) or granted patents (A,C) and data in electronic format compiled and made available by CIPO.
- "Software" means the software included on a CD-R on which IP Data Products are provided to Customer.
- "Trade-mark Publications" means trade-mark data compiled and made available by CIPO.
- Terms and Conditions Binding
In consideration for receiving IP Data Products, Customer agrees to be bound by these Terms and Conditions. By submitting an order for IP Data Products or using any IP Data Products, Customer is deemed to indicate acceptance of these terms and conditions.
- Right to Use
Subject to these "Terms and Conditions", Canada grants to Customer the following right to use the IP Data Products:
- in the case of a Commercial Customer, Customer may use the IP Data Products only for its own commercial purposes; or
- in the case of a Non-profit Customer, Customer may use the IP Data Products only for non-commercial purposes.
All such use must be in compliance with applicable laws. Customer is not permitted to make Bulk Transfers of the IP Data Products to any third party, including without limitation, any affiliate of Customer, unless Customer has received the prior written consent of Canada. Customer may use the Software solely for the purpose of exercising its right to use the IP Data Products in accordance with these Terms and Conditions and will not make copies of the Software except to the extent one back-up copy is required.
- No Other Rights Conveyed
All right, title and interest in and to the IP Data Products and Software, including but not limited to copyright, trade-mark, industrial design, patent and other intellectual property rights are owned by Canada, Canada's licensors or the owners of rights in material incorporated in the IP Data Products. Other than the right to use the IP Data Products in section 3 above, no right, title or interest in the Data Products or Software are conveyed to Customer. The rights granted in section 3 may not be assigned or sub-licensed to anyone, including without limitation any affiliate of Customer, without the prior written consent of Canada.
- Right to Amend
Canada reserves the right to revise the content, format, documents and data field definitions in the IP Data Products at any time.
- Payment and Delivery
- Non-profit Customers may obtain IP Data Products free of charge from Canada to use the IP Data Products for the purposes specified in section 3 above. Canada reserves the right, at its sole discretion, to determine whether or not an organization is entitled to obtain access to the IP Data Products free of charge and may request information to verify Customer's non-profit status.
- Commercial Customers shall pay to Canada the applicable price for IP Data Products in accordance with the then applicable price list published by Canada on the CIPO website on the list of "IP Data Products" as such may be amended by Canada at its sole discretion at any time. Shipping costs are included in the price for purchase.
- IP Data Products are normally available as annual subscriptions for a calendar year. Whenever IP Data Products are ordered, Customer must order, and where applicable pay for, a full calendar year's subscription even if an order is placed at some time in the course of the calendar year.
- Annual subscriptions must be renewed before the expiry of the applicable calendar year.
- IP Data Products will only be available for single orders where an annual subscription is not available.
- Payment, where applicable, is due when Customer sends the Form confirming an order. Canada shall not have any obligation to deliver the ordered IP Data Products until payment has been received including applicable shipping charges. If payment is more than thirty (30) days overdue, Canada reserves the right to cancel any future delivery.
- Delivery of IP Data Products will be made after receipt of payment by Canada. Canada shall endeavour to ensure timely shipment of IP Data Products but makes no guarantee of any specific delivery date. Canada will promptly notify Customer of any problems that may delay or alter the delivery schedule. Delivery will be by Canada Post (1st class) unless otherwise specified and agreed by Canada.
- Payment may be made by VISA, MasterCard, American Express, postal money order, cheque or electronic funds transfer made out to the Receiver General for Canada. Payment must be in Canadian dollars.
Canada's support for the IP Data Products is limited to providing assistance with respect to the data content of the IP Data Products only. Canada will respond to Customer's telephone and email requests for technical assistance with respect to the data content of the IP Data Products as soon as reasonably possible. It is the responsibility of Customer to load the IP Data Products appropriately on its own systems and to develop a data file management system in order to track and verify the receipt and maintenance of data files provided by Canada. Canada is not responsible for problems encountered in the use of Customer's systems, including without limitation problems arising from processing files out of sequence. No support services are provided by Canada with respect to the Software.
- Limited Warranty
Canada will replace, for no additional charge, any IP Data Product damaged in shipment or shown to have errors that render it unprocessable, provided that Customer notifies Canada in writing of the damage no later than ten (10) days after the date the Data Product is shipped to Customer.
Except as expressly provided in these terms and conditions Canada makes no warranty, representation or condition, express or implied with respect to the software and ip data products, whether arising by contract, statute, course of conduct, trade custom or otherwise and all such warranties, representations and conditions are expressly disclaimed including without limitation implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement of third party intellectual property or other proprietary rights.
- No Liability
Canada shall not be liable for any design, performance or other fault or defect in the IP Data Products or for damages, costs, expenses or claims arising from or related to Customer's use of the IP Data Products.
- Customer's Indemnity
Customer will at all times indemnify Canada, and its officers, servants and agents from and against all claims, losses, damages, costs, expenses, actions and other proceedings made, sustained, brought, prosecuted or threatened in any manner based upon, caused by or in any way attributable to the use of the IP Data Products or any part of the IP Data Products.
- Consequences of Breach
If Customer breaches any provision of these Terms and Conditions and the breach is not remedied within thirty (30) days of notice by Canada sent to Customer's address on the Order Statement, CIPO may cancel Customer's subscription and stop providing IP Data Products to Customer. Cancellation of Customer's subscription pursuant to this provision is without prejudice to any other rights or remedies that Canada may have in respect of the breach. The provisions of these Terms and Conditions continue to apply to Customer's use of any IP Data Products received prior to cancellation of a subscription.
Any notice to Canada pursuant to these Terms and Conditions shall be hand delivered or sent by pre-paid registered mail to the following address:
Director, Information Branch
Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street
Gatineau, QC K1A 0C9
- These Terms and Conditions shall be construed under and governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
- These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede all previous negotiations, communications and other agreements unless incorporated by reference in these Terms and Conditions. These Terms and Conditions may not be amended except in writing signed by both parties.
- IP Data Products are provided in the language as displayed in CIPO's databases.