I agree with the following NAV CANADA Terms and Conditions for use of the ADS-B Accommodation Request Portal and by sending flight details to NAV CANADA I accept these Terms and Conditions for use of the ADS-B Accommodation Request Portal.
1. Rights Granted
(a) NAV CANADA grants the User the right to access the above indicated application or applications (the "Application") for the purpose of submitting an ADS-B Accommodation Request on line pursuant to the provisions of this Agreement. Any access to the Application may be controlled or may be otherwise subject to limitations on the type of activity that may be conducted by the User.
(b) All proprietary rights, including all intellectual property rights world-wide arising under the law, and whether or not perfected, including all/
(i) patents, patent applications and patent rights;
(ii) rights associated with works of authorship including copyrights, copyright application, copyright registrations, mask work rights, mask work applications, masks work registration;
(iii) rights relating to the protection of trade secrets and confidential information;
(iv) any right analogous to those set forth in this definition and any other proprietary rights relating to intangible property and
(v) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, or hereafter filed issued or acquired, shall remain with NAV CANADA.
(c) The User hereby consents to NAV CANADA's use of the personal and confidential information provided pursuant to this agreement, including any information filed on any ADS-B Accommodation Request, for data collection and sharing with Transport Canada.
2. Access
(a) Following reasonable notice to the User, the Application may be interrupted at any time in order to maintain, modify or enhance the Application. Although NAV CANADA shall use reasonable efforts to ensure the Applications uninterrupted availability, no responsibility is assumed for interruptions of or delays in delivery of same.
3. General Restrictions on Use The User agrees to the following restrictions on the use of the Application:
(a) Access to the Application is provided solely and exclusively for the internal use of the User. The User shall not provide access to the Application to any other person or entity including any affiliate.
(b) The User acknowledges that the Application was compiled, revised, selected and arranged by NAV CANADA through the application of methods and judgement developed and applied through the expenditure of substantial time, money and effort, and constitute valuable intellectual property, including copyright, protected compilations, and trade secrets of NAV CANADA.
(c) The User acknowledges that NAV CANADA will, using its best efforts, operate and maintain the Application.
(d) The User agrees to co-operate with NAV CANADA and protect the intellectual property, including copyright and/or any other proprietary rights of the Application.
(e) The User r agrees to not sell, transfer, assign, publish, distribute, disseminate, allow any third party access to, or convey any part of the Application. The User shall however have the right to print single copies of confirmation of the ADS-B Accommodation Request Form, using the Application and utilise same for personal use or in the normal course of its business.
(f) The User agrees that it shall not attempt to copy, modify, reverse engineer, disassemble, decompile or decrypt the Application and that it shall not attempt to reconstruct, copy or prepare derivative works based on the Application.
(g) The User shall not remove, alter or obscure any proprietary notices on the Application or any printed extracts.
4. Termination
(a) NAV CANADA may terminate this Agreement by 30 days written notice to the User.
(b) In the event that NAV CANADA determines, at its sole discretion, that the User has violated any of the terms and conditions contained in this Agreement, NAV CANADA shall have the right to unilaterally terminate the Agreement immediately.
5. Disclaimer of Warranties;
(a) NAV CANADA does not warrant that the Application will perform uninterrupted or error free, that any deficiency can or will be corrected, or that the functions or performance of the Application will meet the User 's requirements.
6. General
(a) Changes. NAV CANADA may from time to time, and in its sole discretion, change the content or format of the Application in accordance with general changes made to its standard service offering. The terms and conditions applicable to use of the Application may be changed from time to time upon reasonable notice to the User.
(b) Assignment. This Agreement and any rights arising out of this Agreement may not be assigned in whole or in part by the User without the written consent of NAV CANADA.
(c) Force Majeure. NAV CANADA shall not be liable for any default or delay resulting from circumstances beyond its reasonable control.
(d) Notifications. The User requests and authorises NAV CANADA to inform the User from time to time of other services available from NAV CANADA.
(e) Injunctive Relief. Since unauthorised use or disclosure of the Application may diminish substantially the value of NAV CANADA's intellectual property rights, including copyright, proprietary rights, and/or trade secrets interests that are embodied in same and if the User breaches any of the User obligations with respect to limited use of same, NAV CANADA will be entitled to all remedies available at law or in equity to protect their interests therein, including but not limited to injunctive relief as well as money damages.
(f) Jurisdiction. The terms of this Agreement shall be construed according to the laws of and shall be subject to the nonexclusive jurisdiction of the courts of Ontario, Canada. The User agrees to commence any action relating to or arising from this Agreement in such courts.
(g) Survival. Any terms which by their nature are intended to survive the termination of this Agreement shall continue in full force and effect after termination, which terms shall include, but not be limited to Article 3 (Restrictions) and Articles 5(b) and 5(c) (Disclaimer of Warranties; Limitation of Liability).
(h) Severability. The invalidity or unenforceability of any provision or covenant in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained, and this Agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted.
(i) Action. No action, regardless of form, arising out of or pertaining to the Application may be brought by the User more than two (2) years after the cause of action, its discovery by the User or such time as it should have reasonably been discovered by the User.
(j) French Language. The parties hereby confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only. Les parties aux présentes confirment leur volonté que le présent contrat de même que tous autres documents s'y rapportant soient rédigés en anglais seulement.
NAV CANADA Terms of Use and Privacy Notice
