For any and all writings, text, layout, drawings, methods,
materials, images, text, know-how, look & feel, industrial design,
descriptions, and other intellectual property contained in or described by
this website of Process Quality Associates Inc. ("PQA"), PQA
claims sole and exclusive ownership, rights, responsibility, and control on
a world-wide basis. Any copyrights or intellectual property owned or
controlled by a third party is appropriately marked as such to the best of
PQA's current abilities, knowledge, and beliefs.
You may use any or all of the intellectual property owned by PQA that
is displayed on this website, provided that all of the following conditions
are met on an on-going and continuous basis:
- By downloading any files, images, or other
electronic documents from PQA's website (http://www.pqa.net), and
the subsequent possession, control, use, or retention of these files shall
constitute agreement and acceptance of the terms and conditions in this
copyright license by the person who downloaded.
- PQA's intellectual property is
only authorized to be copied and used only by the person taking copies of
it or otherwise downloading copies of it directly from PQA's
Website (http://www.pqa.net). This person who personally downloads PQA's
copyrighted material (or the person who used an automated system to do so
on their behalf) shall be known as a Licensee under this license
agreement, and is responsible for monitoring the use of these intellectual
properties on a regular basis (but at least once per year), and ensuring
that their usage is in on-going and continuous compliance with the then
current version of this license.
- PQA's intellectual property
cannot be sold to third parties, distributed, nor used as a source of
income, profit, nor gain by any person other than PQA.
- PQA's intellectual property displayed
or discussed on this website shall not be used by a Competitor of PQA
for any purpose whatsoever, nor so as to directly benefit a Competitor of
PQA. "Competitor" is defined as a legal entity that has or sells
one or more goods or services that are similar to one or more of PQA's
goods and services, AND this legal entity has attempted to
do business in similar geographical regions to PQA.
- PQA's copyright mark and hyperlink
( © 1996 - 2002
Process Quality Associates Inc. ) shall be applied and
readily visible on any and all copies that are made of PQA's
intellectual property, as well as all future materials and works derived
therefrom.
- Any of PQA's copyright
marks, stated or implied limitations, or restrictions that are already on
the intellectual property, will remain on in their original look and feel,
and shall be readily visible by anyone who may see or use these
intellectual materials.
- If any of the terms or conditions
imposed by this limited and non-exclusive license are breached, then this
copyright license is immediately revoked by PQA. The Licensee
shall immediately destroy all copies of PQA's intellectual
properties, and shall cease using all materials derived therefrom.
Failing to immediately do so shall be prima facie evidence of the
Licensee and/or other parties breaching PQA's rights under
copyright laws.
- This limited, non-exclusive copyright
license is subject to change, cancellation and/or revocation at any time
without justification, just cause, prior warning, notice period, nor any
requirement to notify one or more persons; and this cancellation or
revocation by PQA is effective upon providing public notice
thereof through this website, or specifically notifying one or more
persons or legal entities that their license herein has been revoked.
Upon revocation of this license for any reason, or upon a change in this
license occurring to which the licensee is no longer in agreement, the
party or parties that have had their copyright license revoked, canceled,
or changed shall immediately stop any and all use or benefits derived from
these intellectual properties, and shall promptly destroy all copies of
PQA's intellectual property, including any and all archival copies
thereof. If a party continues to possess, control, or use PQA's
copyrighted materials after the revocation of their copyright license, it
is prima facie evidence of a copyright violation. If a party
continue to possess, control, or use PQA's copyrighted materials after the
change in the terms of the copyright license, it is prima facie evidence
of the party's voluntary acceptance of the revised terms of the copyright
license, and their on-going duty to abide by these revised terms.
- This non-exclusive, limited copyright
license will be interpreted (and will be deemed to have been entered into,
delivered, and agreed upon) under the laws and jurisdiction applicable to
London, ON Canada; except for the provisions of conflict with the laws in
other jurisdictions shall not apply. All other laws and legal principles
(whether domestic, foreign, international, or treaties) which are more
rigorous or restrictive on PQA, or less rigorous or less
restrictive on the licensee(s) is hereby opted out of, exempt from, and of
no effect. All disputes directly or indirectly related to the
intellectual property on PQA's website and this license will be
filed, heard, and decided by the courts of competent jurisdiction located
in London ON Canada; or if PQA expressly agrees in writing or
decides, another jurisdiction.
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