Content License Agreement

University of Waterloo - Content License Agreement v.1.0 – Engineering Science Quest Content

This Agreement is between the University and you. The following terms govern your use of the Content.

Using Content under this Agreement

  1. Your use of the Content indicates your acceptance of the terms and conditions below.
  2. The University grants you a worldwide, royalty-free, non-exclusive license to use the Content subject to the conditions below.
  3. This Agreement does not affect any copyright exceptions or limitations available under the Copyright Act (Canada).

You are free to:

  • use and reproduce the Content for non-commercial, educational purposes (the “Authorized Purposes”);
  • incorporate the Content into a Collective Work and to reproduce the Content as part of the Collective Work for the Authorized Purposes; and
  • create a Derivative Work and reproduce the Derivative Work, solely for the Authorized Purposes.

All rights not expressly granted under this License are reserved to the University.

You must, where you do any of the above:

  • unless notified otherwise by the University in writing, provide credit to the University when using the Content, in its original form or as part of a Collective Work by including the following statement at the bottom of each Page containing Content and in each applicable legal notice, "Contains copyrighted material provided by the University of Waterloo under license [ https://uwaterloo.ca/engineering-science-quest/content-license-agreement ] on an 'as is' basis";
  • unless notified otherwise by the University in writing, provide credit to the University when using the Content as part of a Derivative Work by including the following statement at the bottom of each Page containing the Derivative Work and in each applicable legal notice, "Based on copyrighted material provided by the University of Waterloo under license [ https://uwaterloo.ca/engineering-science-quest/content-license-agreement ] on an 'as is' basis.";
  • ensure that you do not sublicense the Content, on its own or as part of a Collective Work or Derivative Work, without the prior written agreement of the University;
  • ensure that you do not use the Content in a way that suggests any official status or that the University endorses you or your use of the Content;
  • ensure that you do not misrepresent the Content or its source;
  • ensure that your use of the Content does not breach or infringe upon any applicable laws.

These are important conditions of this license and if you fail to comply with them the rights granted to you under this Agreement will terminate automatically.

Exemptions

This Agreement does not grant you any rights to make use of the University’s logos, trademarks, slogans or crests where they may be included in the Content, unless expressly permitted hereunder.

No Warranty

  1. The Content is licensed 'as is' and the University excludes all representations, warranties, obligations and liabilities, whether express or implied, in relation to the Content.
  2. NEITHER The University NOr ITS GOVERNORS, EMPLOYEEs, AGENTS or STUDENTS (the ”releasees”) Are liable for any errors or omissions in the Content. the releasees will not, under any circumstances, be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage (INCLUDING, BUT WITHOUT LIMITATION, PERSONAL INJURY, DEATH, ECONOMIC HARM, OR LOSS OF REVENUE) caused by its use, even if specifically advised of the possibility of such loss, injury or damage, or such loss, injury or damage arises from the negligence or misconduct of the releasees.
  3. You shall at all times indemnify the Releasees against all claims, damages and actions however made, based upon or attributed to any injury, infringement or damage arising out of your actions or omissions, your performance or non-performance under this Agreement or in any way arising from use of the Content.

Effective Date and Termination

This Agreement is effective as of the date and time you exercise any rights granted hereby and shall terminate automatically if you breach any of the terms of this Agreement.

Governing Law

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein.  The parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Entire Agreement

This Agreement constitutes the entire agreement between the University and you with respect to your rights to use the Content.

No Waiver

No condoning, excusing or overlooking by the University of any default by you in performing or observing any of your obligations under this Agreement will operate as a waiver or otherwise affect the rights of the University in respect of any continuing or subsequent default.

Survival

All obligations which expressly or by their nature survive termination of this Agreement shall continue in full force and effect.

Definitions

In this Agreement, the terms below have the following meanings:
'Agreement' means this University of Waterloo Content License Agreement, as it may be amended;

‘Collective Work’ means a work, such as an anthology or compendium, in which the Content, in its unmodified form, along with other separate and independent works are combined. A Collective Work is not a Derivative Work;

'Content' means the copyrightable work that is made available to you by Engineering Science Quest at the University under the terms of this license;
‘Derivative Work’ means a new work based on the Content, including where the Content has been translated into a different language, converted into a different format for accessibility or usability, or otherwise modified. A Derivative Work is not a Collective Work;

‘Page’ includes, but is not limited to, a printed page, presentation slide, digital representation of a printed page and a webpage;

'Personal Information' has the meaning set out in section 2 of the Freedom of Information and Protection of Privacy Act of Ontario, RSO 1990, c F.31;
'University' means the University of Waterloo; and
'you' or 'your' means the natural or legal person, or body of persons corporate or incorporate, as applicable, acquiring rights under this license.

About this Agreement

This is version 1.0 of the Content License Agreement for the Engineering Science Quest Content. The University may, from time to time, issue new versions of the Agreement. Notices of new versions of the Agreement will be posted on the University of Waterloo Engineering Science Quest website ( https://uwaterloo.ca/engineering-science-quest/content-license-agreement ).  Your use of the Content will be governed by the most recent version of the Agreement in force.