As of November 29, 2021
1. Scope
Clauses outlining what information, products and services are covered in this Terms of Use.
1.1 Any use of this web site, herein called the “SSI Web Site”, provided by SSI and/or its affiliates is subject to these Terms of Use.
1.2 SSI has the right to update or make changes to these Terms of Use without notice by replacing them with the latest version on the SSI Web Site found at https://www.ssi-corporate.com/terms-of-use.
1.3 Nothing in these Terms of Use supersedes, replaces, or contravenes any other agreement entered into between SSI and the User, or any entity represented by the user, except where explicitly stated by SSI.
2. Services
Clauses outlining what content and services SSI provides on or via the SSI Web Site and the limitations of that provision.
2.1 This SSI Web Site contains specific information, software, and documentation, for viewing or downloading to the User.
2.2 SSI may stop the operation of the SSI Web Site in whole or in part at any time. Due to the nature of the internet and computer systems, SSI cannot accept any liability for the continuous availability of the SSI Web Site.
3. Restricted Area Access, User Account Registration and Liability
Clauses outlining restricted (non-publicly accessible) content, registration for access to that content and the responsibilities of Registered Users.
3.1 Some information, software and documentation and Web Pages of the SSI Web Site are password protected or restricted to Registered Users (users signed in with Nexus, Support, SSI Learning or WordPress user accounts) only and SSI has the exclusive right to allow or deny access to those areas as provided for under various SSI end user agreements, or at SSI’s discretion where no other agreement exists.
3.2 For registration of a “SSI Nexus Membership” or Registered User Account the user is responsible for providing accurate information and to update such information as it changes over time with the understanding that this information is required for account authentication, use, and to contact the User, and without which the User may not be able to access their “SSI Nexus Membership” or Registered User Account.
3.3 The User is liable for their account information and any activity carried out with their “SSI Nexus Membership” or Registered User Account and agrees not to provide any access or information about their account to third parties.
3.4 The User also agrees to log out of password protected Web Pages and their account after each web session. If the User becomes aware that third parties are misusing their account, the User must make SSI aware without undue delay via online technical support found at https://www.ssi-corporate.com/technical-support/.
4. Rights of Use to Information, Software and Documentation
Clauses outlining the rights to access and use of the information software and documentation on or via the SSI Web Site given to Users.
4.1 The use of any information software and documentation on or via the SSI Web Site is subject to these Terms of Use.
4.2 SSI grants the User non-exclusive, non-transferable right to use the information, software and documentation on or via the SSI Web Site to the extent agreed, or in the event of no such agreement, to the purpose intended by SSI in making the content available.
4.3 While the User is granted use of the information, software and documentation on or via the SSI Web Site, they are not granted the right to the underlying source code or to make it available except where that source code is contained within open-source software, whereupon licensing agreement conditions take priority over these Terms of Use.
4.4 The information, software and documentation on or via the SSI Web Site may not be sublicensed, sold, rented, copied, redistributed, or in any way made available to any third party at any time. Unless expressly allowed by mandatory law, the User may not decompile, disassemble, reverse engineer or separate any part of the software and documentation or its source code.
4.5 The information, software and documentation on or via the SSI Web Site are protected by copyright including international copyright treaties and conventions related to intellectual property and as such the User shall observe such laws and not modify, conceal or remove any code, marks or copyright notices or trademarks from it or any copies thereof.
5. Intellectual Property
Clauses outlining SSI Web Site and user content copyright.
5.1 SSI owns and retains the exclusive rights to its name, branding, materials and services including all copyrights, trademarks, trade secrets, patents, and other intellectual property for exclusive use by SSI and its affiliates.
5.2 The user shall not reproduce or redistribute SSI’s intellectual property in any way, including electronic, digital, or new trademark registration. Except for the rights of use expressly granted in these Terms of Use, no other rights are granted to the User and no obligation is implied requiring the grant of further rights. Any and all copyrights, patents and licenses are expressly excluded from use by the User.
5.3 SSI has the right to use information, ideas or proposals stored, published or uploaded by the User on the SSI Web Site, non-exclusively and without charge, for the development, improvement, sale, and marketing of its products.
6. Duties of the User
Clauses outlining prohibited uses and behaviors
6.1 While using the SSI Web Site the User shall refrain from prohibited behavior and actions that include but are not limited to
- Making threats, abusing or harassing SSI employees or other user’s persons, be it verbal or otherwise.
- The storing, transmission, publishing, commenting or posting of profane, hateful, violent, disturbing or sexual content of any kind.
- The violation of any intellectual property right or storing, transmission, publishing, commenting or posting of proprietary information.
- The upload of content containing a virus, so-called Trojan Horse, or any other program that could cause damage to data or computer systems.
- The storing, transmission or upload of hyperlinks or content to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful.
- The distribution advertisement or sending of unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material or the solicitation or request to participate in any lottery, snowball system, chain letter, pyramid scheme, multi-level-marketing scheme, or similar activity.
- The promotion, advertising, marketing or sales of any product or service without the express permission of SSI
6.2 SSI may, at its sole discretion, deny the User access to the SSI Web Site or revoke any existing “SSI Nexus Membership” or Registered User Account, in particular if the User had violated any of these Terms of Use.
7. Hyperlinks
Clauses outlining the use and risk of hyperlinks
7.1 The SSI Web Site may contain hyperlinks to the web pages of third parties. As SSI does not control the information, content or computer systems of these web pages SSI does not claim ownership of or endorse those Web Pages and is not liable for the contents thereon. The use of such web pages is at the risk of the User.
8. Information Liability, Content
Clauses outlining the liability for quality and accuracy of information, software and documentation provided by SSI
8.1 While SSI endeavors to always provide the most accurate and timely information, software or documentation to the best of its ability, in some cases, in particular with content containing specifications or general descriptions related to information, software and documentation that may not be fully available or final (e.g., due to product changes) SSI is not liable for any errors or inaccuracies that may appear on or via the SSI Web Site.
9. Technical Liability, Viruses
Clauses outlining the liability for quality, functionality and security of information, software and documentation provided by SSI
9.1 The SSI Website may include code from third-party plugins, libraries and files and while SSI endeavors to ensure and maintain a functioning and virus-free Web Site, SSI cannot guarantee that the Web Site will function as intended or remain free of defects, viruses or interference.
9.2 The use of the SSI Web Site is at the risk of the User. The user shall, for their own protection, take the necessary steps to ensure appropriate security measures when using the Web Site or before downloading any information, software or documentation.
10. User Data, Privacy Protection
Clauses outlining the collection and use of personal information in accordance with the SSI Privacy Policy
10.1 SSI collects personal information from Users on the SSI Web Site. This information is collected when the User interacts with the SSI Web Site, Web-based Service or other Product Services or Events that we offer. For full details on the purpose and use of this data please see our full Privacy Policy on the SSI Web Site at https://www.ssi-corporate.com/privacy-policy/.
10.2 When the User voluntarily submits personal information, registers with SSI, or uses the SSI Web Site, Web-based Service or other Product Services the User signifies their agreement to the terms and conditions of the SSI Privacy Policy referenced in 10.1 and to SSI’s use of this information in accordance with the Privacy Policy.
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement to these Terms of Use shall be made in writing.
11.2 The place of jurisdiction shall be Victoria, British Columbia, Canada.
11.3 ShipConstructor Software Inc. is the registered legal name of the business registered in the province of British Columbia. ShipConstructor Software Inc. does business under the name SSI. For ease of reference, “SSI” has been used throughout this document, and references the legal entity know as “ShipConstructor Software Inc.”.
11.4 The individual Web Pages of the SSI Web Site are operated and administered by SSI. The Web Pages comply with the law applicable in Canada. SSI makes no representation that information, software and documentation on the SSI Web Site are appropriate or available for viewing or downloading outside Canada. If the Users accesses the SSI Web Site from outside Canada, they are exclusively responsible for compliance with all applicable local laws. Access to the SSI Web Site’s information, software and documentation from countries where such content is unlawful is prohibited. In such cases and where the User seeks to do business with SSI, the User should contact an SSI representative for that particular country for country-specific business.
11.5 These Terms of Use shall be governed by the laws of British Columbia and the laws of Canada and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in the Province of British Columbia in accordance such laws except where conflict of law rules apply.