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Legal Notice, Disclaimer, and Terms of Use Alcan Inc. ("Alcan")
Use of this Website is subject to the following terms and conditions.
Your use of the website constitutes acceptance of these terms and
conditions.
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Interpretations |
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1. |
Definitions |
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In this Agreement:
"Content" includes, but is not limited to, all text, photographs,
software, animation files, graphics, video and audio files and anything
else contained in this Website.
"User" includes, but is not limited to, any person who accesses this
Website by any means whatsoever, including, but not limited to, legal,
illegal, authorized and unauthorized means. |
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2. |
Invalidity |
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If,
for any reason whatsoever, any term of this Agreement is deemed by a
court to be void, voidable or otherwise unenforceable, such term shall
be deemed to be severable from the remainder of the Agreement, and the
remainder of the Agreement shall be construed and interpreted without
reference to the unenforceable term. |
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3. |
Assignment |
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Alcan Inc. may assign its rights or obligations under this Agreement at any time without notice to Users. |
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4. |
Termination: |
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Either
Alcan Inc. or the User may terminate this Agreement at any time, either
with or without cause. The User may terminate this Agreement by ceasing
to use this Website. The following clauses of this Agreement will
survive any termination by either party: II, III, IV, V, VI and VII. |
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| II. |
Copyright and trademarks |
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1. |
Ownership: |
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The Content of this Website is owned by Alcan or is made available by
permission of the owner and is protected by domestic and international
copyright laws. The trademark
or
is owned by Alcan Inc.
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2. |
Rights: |
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The
use of this Website grants no interest, whether proprietary, license,
or otherwise, in the intellectual property rights, or any other rights
which may exist or are hereafter developed in respect of any portion of
the Website or its Content. |
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3. |
License: |
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Any
computer software downloadable or otherwise available from this Website
is licensed subject to the terms of the applicable license agreement.
Although every effort has been made to ensure that any software that
may be downloaded from this Website is compatible with as many types of
computers as possible, Users should take care to back up all essential
software before loading any software from this Website. |
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| III. |
Permitted secondary uses |
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1. |
The
User may freely download, copy, display, exhibit, share, or otherwise
distribute the Content of this Website for non-commercial purposes
only. However, on any such downloading, copying, display, exhibition,
sharing or distribution, the User must explicitly acknowledge Alcan as
the provider of such Content. Alcan reserves the right to require the
User to delete, destroy or otherwise remove any content that is used in
a manner that in Alcan's opinion is contrary or otherwise
inappropriate, derogatory or offensive. |
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2. |
The
User agrees that any person to whom the Content is provided directly or
indirectly through the User, will be advised of the terms of this
Agreement, and that each such person is bound by these terms. |
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3. |
The
User may in no way modify, reformulate, adapt, alter, adjust, change,
disassemble, frame or decrypt any of the Content of this Website. |
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| IV. |
Third-party submissions |
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1. |
By
posting via email or otherwise any Content, trade secrets, or know-how
to this Website, including electronic mail, the User grants to Alcan a
perpetual, non-exclusive, irrevocable, worldwide, royalty-free right
and licence to use, download, upload, copy, exhibit, display,
distribute, publish, post to any other public forum, perform, sell,
alter, modify, change, sub-license, create derivative works from and
otherwise treat as its own such Content, trade secrets or know-how in
whatever manner Alcan Inc. shall, in its sole discretion, deem
appropriate without any form of recognition, credit, acknowledgement,
reward or compensation whatsoever for the User's contribution of such
Content, trade secrets, or know-how to Alcan Inc. Furthermore, Alcan,
its subsidiaries, affiliates, contractors, agents and/or employees will
in no way be responsible or liable for damages, whether they be direct,
indirect, consequential, incidental, special, punitive, exemplary or
general damages, contribution or indemnity of any kind whatsoever,
howsoever caused, resulting from any alterations or additions to its
goods, products, programs, promotions and/or services which may
resemble any Content, trade secrets, or know-how posted to this
Website, including electronic mail, by any User. |
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2. |
Furthermore,
by posting any Content, trade secrets, or know-how to this Website,
including electronic mail, the User represents and warrants that such
Content, trade secrets, or know-how is his or her own work, is
non-confidential, and its use by Alcan in no way violates the
intellectual property or other rights of any third parties. The duty to
ensure non-infringement of the rights of any third parties rests solely
with the User. |
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3. |
The
User agrees to indemnify, contribute to, and hold harmless Alcan, its
subsidiaries, affiliates, contractors, agents and/or employees against
any liability, be it civil, criminal, or quasi-criminal, resulting from
the use, transfer or sub-license by Alcan of any Content, trade secrets
or know-how provided to Alcan by the User.
This indemnification
shall extend and apply to any payment or other agreement made by Alcan,
its subsidiaries, affiliates, contractors, agents and/or employees in
settlement and/or satisfaction of any such claim or potential claim,
whether such settlement and/or satisfaction is either full or partial,
and whether the payment or other agreement is made or concluded either
prior to or following the institution of proceedings against Alcan, its
subsidiaries, affiliates, contractors, agents and/or employees. As part
of this indemnification, the User agrees to co-operate with all
reasonable requests made by Alcan, its subsidiaries, affiliates,
contractors, agents and/or employees. |
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| V. |
Choice of law |
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1. |
Any
dispute arising out of the use of this Website, the Content or
availability thereof, the construction or interpretation of this
Agreement, or anything related or similar thereto is governed by the
laws of the province of Quebec, Canada, without any reference to
conflicts of laws rules or principles. |
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2. |
Any
dispute arising out of the use of this Website, the Content or
availability thereof, the construction or interpretation of this
Agreement, or anything related or similar thereto is only to be decided
by a court of competent jurisdiction sitting within the legal
boundaries of the province of Quebec, Canada. |
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| VI. |
Rights to control site |
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1. |
The Content of this Website is subject to change, restriction or termination without any notice to Users. |
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| VII. |
Limitations of liability |
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1. |
This
site is designed to provide knowledge for informational purposes only.
The information is taken from sources believed to be reliable, and the
information is believed to be accurate at the time it is posted to the
Website. However, there is no way to ensure that the information is
accurate at any moment in time |
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2. |
There
are certain links on this Website which will lead the User to other
sites on the World Wide Web. These links are provided for convenience
only, and a link to any other Website should not be taken to imply any
endorsement of any other Website by Alcan, its subsidiaries,
affiliates, contractors, agents and/or employees. |
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3. |
Alcan
Inc., its subsidiaries, affiliates, contractors, agents and/or
employees are in no way responsible or liable for any damages whether
they be direct, indirect, consequential, incidental, special, punitive,
exemplary or general damages, contribution or indemnity, of any kind
whatsoever, howsoever caused, (including, but not limited to, breach of
contract, loss of profit, business interruption, loss of business data
or information, negligence or other tortious behaviour, deletion,
error, defect, omission, or destruction of the Content of the Website,
unauthorized access to, or alteration of, the Content of this Website
by third parties, or employees, or agents of Alcan Inc., transmission
of material, or any other cause of action, regardless of whether it
arises at law or in equity) arising out of the use or non-availability
of this Website, or reliance on the Content contained herein, resulting
from any decision taken on the basis of information provided through
the Website, resulting from the Content of other websites to which any
User links through this Website, or resulting from any such change,
restriction, or termination of this Website or resulting from the
incompatibility of any software downloaded, copied, or otherwise
originating from this Website. |
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4. |
This
limitation of liability shall apply even if Alcan Inc., its
subsidiaries, affiliates, contractors, agents and/or employees have
been advised of the possibility of the damages referred in this notice.
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5. |
This
Website is provided "as is". Alcan Inc., its subsidiaries, affiliates,
contractors, agents and/or employees do not warrant that the use of
this Website will be uninterrupted, error-free, stable or suitable for
all Users. Alcan Inc., its subsidiaries, affiliates, contractors,
agents and/or employees make no warranties, either express or implied,
about the Website, its availability, or its operation Without limiting
the generality of the foregoing, this includes implied warranties of
merchantability, fitness for a particular purpose, expectation of
privacy, or non-infringement. Any User who accesses this Website does
so solely at his or her own risk.
The User agrees to indemnify,
contribute to and hold harmless Alcan Inc., its subsidiaries,
affiliates, contractors, agents, and/or employees, against any
liability, be it civil, criminal or quasi-criminal, resulting from any
violation of any law by the User in their use of this Website. The User
shall be responsible to the full extent of any liability, payment or
other agreement made by Alcan Inc., its subsidiaries, affiliates,
contractors, agents and/or employees, in settlement and/or satisfaction
of any claim or potential claim, whether such payment or agreement is
made or concluded prior to or following the institution of formal
proceedings against Alcan Inc., its subsidiaries, affiliates,
contractors, agents and/or employees |
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