Legal

APPLICATION:

THIS POLICY APPLIES TO ANY AND ALL USES OF GITP MATERIALS OR GITP SERVICES.

GITP MATERIALS AND GITP SERVICES ARE INTELLECTUAL PROPERTY (IP) OF GITP AND ARE PROTECTED BY COPYRIGHT. STRICT LIMITATIONS APPLY TO THE USE AND REUSE OF THIS IP.

DEFINITIONS:

“GITP MATERIALS” MEANS ALL GITP MATERIAL, INCLUDING WITHOUT LIMITATION: INFORMATION AND MATERIAL AS WELL AS ALL PRODUCTS, SOFTWARE, WEBSITE, FRAMEWORKS, METHODS, TRADE SECRETS, KNOWLEDGE, IDEAS, APPROACHES, ASSOCIATED DESCRIPTIONS, CATEGORIZATION, CLASSIFICATION, OBJECTS, META OBJECTS, ARTEFACTS, MAPS, MATRIX AND MODELS, IN WHATEVER FORM OR MEDIA THEY MAY BE USED (INCLUDING PRINT MEDIA, ONLINE MEDIA, BOOKS, ARTICLES, AUDIOVISUAL WORKS, BLOGS, WIKIS, OR ANY OTHER FORMAT OR MEDIUM). GITP MATERIALS ALSO INCLUDES ALL TEXT, IMAGES, DOCUMENTATION, SCREENSHOTS, WEB SITES, PHOTOGRAPHS, VIDEO FOOTAGE, ETC. OF GITP, IN WHATEVER MEDIA THEY MAY BE USED (INCLUDING PRINT MEDIA, ONLINE MEDIA, BOOKS, ARTICLES, AUDIOVISUAL WORKS, BLOGS, WIKIS, OR ANY OTHER FORMAT OR MEDIUM).

“GITP SERVICES” MEANS ALL CREATION, CUSTOMIZATION, MODIFICATION, IMPLEMENTATION, APPLICATION, SUPERVISION, COMMUNICATION, SHARING OR ANY OTHER WORK, ACTIVITY OR SERVICE RELATED TO GITP AND GITP MATERIALS.

“YOU” MEANS ANY READER OF THIS POLICY, ANY PURCHASER AND/OR USER OF GITP MATERIALS AND/OR GITP SERVICES, INCLUDING WITHOUT LIMITATION: ANY EMPLOYEE, MEMBER, DIRECTOR, OFFICER, SHAREHOLDER, BOARD MEMBER, PARTNER, AGENT, REPRESENTATIVE OR AFFILIATE OF AFOREMENTIONED READER, PURCHASER OR USER OF GITP MATERIALS AND/OR GITP SERVICES. ANYONE INCLUDED IN THIS DEFINITION SHALL BE BOUND BY THE TERMS OF THIS POLICY AND DEEMED TO ACCEPT THEM.

COPYRIGHT PROTECTION:

GITP MATERIALS AND GITP SERVICES ARE PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, INTERNATIONALLY RECOGNIZED CANADIAN, UNITED STATES AND/OR EUROPEAN UNION LAW, AS WELL AS ANY OTHER LAWS OR STATUTES WHICH MAY APPLY. EXCEPT AS SPECIFICALLY INDICATED OTHERWISE IN WRITING, GITP IS THE SOLE OWNER OF THE COPYRIGHT IN THE GITP MATERIALS AND GITP SERVICES, AND GITP RESERVES ALL RIGHTS IN THAT REGARD.

USE OF GITP MATERIALS AND GITP SERVICES AS AUTHORIZED BY CONTRACT:

YOUR USAGE OF AND ACCESS TO GITP MATERIALS AND/OR GITP SERVICES MUST BE AUTHORIZED IN WRITING BY GITP. THIS AUTHORIZATION IS DONE ON A NON-EXCLUSIVE, ONE-TIME-ONLY BASIS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND SUBJECT TO THE APPLICABLE PRICING, ALL OF WHICH AS DETERMINED BY A CONTRACT.

THIRD PARTIES WISHING TO USE GITP MATERIALS AND/OR GITP SERVICES MUST OBTAIN GITP’S PERMISSION TO DO SO PRIOR TO EXERCISING SUCH USE.

COVENANTS FOR USE:
UNAUTHORIZED USE OR MISUSE OF ANY GITP MATERIALS OR GITP SERVICES IS EXPRESSLY PROHIBITED.

THE FOLLOWING COVENANTS APPLY TO ALL PRE-AUTHORIZED USES OF GITP MATERIALS AND GITP SERVICES, AND SHALL BE STRICTLY ADHERED TO. NON-ADHERENCE TO ANY OF THE FOLLOWING COVENANTS SHALL BE CONSIDERED A BREACH OF THIS POLICY, SUBJECT TO ANY REMEDIES AVAILABLE TO GITP.
• GITP MATERIALS AND ALL COPIES THEREOF SHALL REMAIN THE EXCLUSIVE PROPERTY OF GITP.
• YOU SHALL NOT REPRODUCE, MODIFY, COPY, AGGREGATE, DISTRIBUTE, TRANSMIT, DISPLAY, PUBLISH, LICENSE OR TRANSFER ANY GITP MATERIALS AND/OR GITP SERVICES.
• YOU SHALL NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RECONSTRUCT ANY GITP MATERIALS AND/OR GITP SERVICES, WHETHER FULLY OR PARTIALLY, IN ANY WAY, SHAPE OR FORM THROUGH THE USE OF COMPANY RECORDS, MEMORY OR OTHER.
• YOU SHALL IN NO CIRCUMSTANCES CREATE DERIVATIVE WORKS OF GITP MATERIALS AND/OR GITP SERVICES, OR SELL ANY INFORMATION YOU GAIN ACCESS TO THROUGH GITP.
• YOU MAY ONLY USE THE GITP MATERIALS AND/OR GITP SERVICES WITHOUT MODIFICATION (EXCEPT AS MAY BE NECESSARY TO RESIZE OR OTHERWISE CONVERT THE GITP MATERIALS AND/OR GITP SERVICES TO A PERMITTED FORMAT).
• YOU MAY NOT USE THE GITP MATERIALS AND/OR GITP SERVICES IN ANY OFFENSIVE MANNER OR CONTEXT, FOR EXAMPLE IN A WAY THAT IS DEFAMATORY, DISPARAGING OR LIBELOUS TO, OR OTHERWISE PRESENTS FALSE OR MISLEADING INFORMATION REGARDING GITP OR ANY OTHER PARTY, INCLUDING THEIR PRODUCTS OR SERVICES; IN CONJUNCTION WITH OBSCENE OR PORNOGRAPHIC MATERIAL; IN A MANNER THAT SUGGESTS BIAS BASED ON RACE, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, OR RELIGION; OR IN ANY MANNER THAT WOULD BE ILLEGAL UNDER APPLICABLE LAW.
• YOU MAY NOT IMPLY ANY GITP PARTNERSHIP, SPONSORSHIP, AGENCY, AFFILIATION, ENDORSEMENT OR ANY OTHER RELATIONSHIP, UNLESS EXPRESSLY PERMITTED BY WRITTEN CONTRACT WITH GITP, SUCH AS A VALID PARTNERSHIP, SPONSORSHIP, AGENCY, AFFILIATION OR ENDORSEMENT CONTRACT. ANY IMPLICATION IN ABSENCE OF SUCH A CONTRACT CONSTITUTES AN INFRINGEMENT AGAINST THE GITP BRAND AND ITS IP RIGHTS.
• YOU MAY NOT USE THE GITP MATERIALS AND/OR GITP SERVICES FOR A PURPOSE COMPETITIVE WITH GITP OR ITS PRODUCTS UNLESS OTHERWISE CLEARLY PERMITTED BY APPLICABLE CONTRACT OR LAW.
• YOU MAY NOT USE ANY GITP LOGO, TRADE MARK OR DESIGN MARK.

FOLLOWING THEIR RELEASE FOR USAGE, GITP MATERIALS AND/OR GITP SERVICES MAY ONLY BE USED FOR THE SPECIFIC PURPOSE, FUNCTION OR SOLUTION THAT THEY WERE TAILORED FOR, AS SET OUT IN A WRITTEN AGREEMENT OR CONTRACT WITH GITP. WHILE THE RELEASED GITP MATERIALS AND/OR GITP SERVICES CAN BE USED BY THE SPECIFIC INDIVIDUAL OR GROUP FOR WHICH IT WAS EXPLICITLY RELEASED, IT CAN NOT BE REUSED, REPRODUCED, MODIFIED, COPIED, AGGREGATED, DISTRIBUTED, TRANSMITTED, DISPLAYED, PUBLISHED, LICENSED OR TRANSFERRED IN ANY OTHER WAY. NEITHER THE GITP MATERIALS AND/OR GITP SERVICES CAN BE USED, RE-USED, MODIFIED OR REPRODUCED BY ANY TEAM, GROUP, AREA, DEPARTMENT, BUSINESS UNIT OR ENTITY OTHER THAN THE SPECIFIC GROUP FOR WHICH THEY WERE RELEASED. AUTOMATING ANY OF THE GITP MATERIALS AND/OR GITP SERVICES REQUIRES SPECIAL APPROVAL AND COORDINATION FROM GITP AND MAY REQUIRE PAYMENT OF ADDITIONAL FEES.

IF YOU USE OR RECEIVE ANY GITP MATERIALS AND/OR GITP SERVICES, YOU AGREE WITH THE POLICIES OF GITP AND ARE BOUND TO KEEP THE INTELLECTUAL PROPERTY OF GITP CONFIDENTIAL AND SECURE. IF YOU ALLOW, WHETHER ACTIVELY OR PASSIVELY, THE MATERIAL TO BE RELEASED, REUSED, REPRODUCED, MODIFIED, COPIED, RECONSTRUCTED, AGGREGATED, DISTRIBUTED, TRANSMITTED, DISPLAYED, PUBLISHED, LICENSED OR TRANSFERRED IN ANY WAY, YOU WILL BE HELD ACCOUNTABLE FOR ANY BREACH WHICH MAY OCCUR. FOLLOWING SUCH A BREACH, YOU WILL BE INVOICED FOR THE GITP MATERIALS AND/OR GITP SERVICES, AS WELL AS ANY APPLICABLE FEES OR REMEDIES WHICH MAY BE AVAILABLE TO GITP.

GOVERNING LAW AND JURISDICTION:

THIS POLICY IS GOVERNED EXCLUSIVELY BY, AND IS TO BE ENFORCED, CONSTRUED AND INTERPRETED EXCLUSIVELY IN ACCORDANCE WITH, THE LAWS OF CANADA, OR THE LAWS OF THE COUNTRY IN WHICH A BREACH, DISPUTE OR ACTION ARISES, AT THE DISCRETION OF GITP, AND SUCH LAWS SHALL BE DEEMED TO BE THE PROPER AND APPLICABLE LAWS OF THE POLICY. EACH PARTY WILL SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE APPROPRIATE COURTS AND ALL COURTS HAVING APPELLATE JURISDICTION THEREOVER, IN ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS POLICY.

EACH PARTY WAIVES AND WILL NOT ASSERT BY WAY OF MOTION AS A DEFENCE OR OTHERWISE IN ANY SUCH ACTION, ANY CLAIM THAT:
A. SUCH PARTY IS NOT SUBJECT TO THE JURISDICTION OF SUCH COURT;
B. SUCH ACTION IS BROUGHT IN AN INCONVENIENT FORUM;
C. THE VENUE OF SUCH ACTION IS IMPROPER; OR
D. ANY SUBJECT MATTER OF SUCH ACTION MAY NOT BE ENFORCED IN OR BY SUCH COURT;

AND WILL NOT SEEK AND HEREBY WAIVES IN ANY SUIT OR ACTION BROUGHT TO OBTAIN A JUDGMENT FOR THE RECOGNITION OR ENFORCEMENT OF ANY FINAL JUDGMENT RENDERED IN AN ACTION AND REVIEW, OTHER THAN BY WAY OF APPEAL, IN ANY COURT OF ANY OTHER JURISDICTION OF OR PERTAINING TO THE MERITS OF ANY ACTION, WHETHER OR NOT SUCH PARTY APPEARS IN OR DEFENDS THE ACTION.

SEVERANCE OF TERMS:

IF ANY PROVISION CONTAINED IN THIS POLICY IS HELD BY ANY COMPETENT AUTHORITY TO BE INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, IT SHALL INSOFAR AS IT IS SEVERABLE FROM THE REMAINDER OF THE POLICY, BE DEEMED TO BE OMITTED FROM THE POLICY AND THE VALIDITY OF THE OTHER PROVISIONS CONTAINED IN POLICY AND THE REMAINDER OF THE PROVISION IN QUESTION SHALL NOT BE AFFECTED THEREBY.