WHEREAS, the ExPlanSuite of Software, website, database, network, server, machine(s), terminals, and forms, shall herein be referred as (“Software”); and,
WHEREAS, the person/machine/network accessing the Software, you, your organization, your employees, shall herein be referred as (“User”); and,
By accessing this Software, the User agrees to be bound by this Agreement; all applicable laws and regulations, and agree that the User is responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Applicable copyright and trademark law protect the materials contained in this web site.
2. Use License
Permission, herein referred as (“License”), is granted to access the Software and materials that are explicitly defined as permissible for the User to access. This is the grant of a license, not a transfer of title, and under this License, the User may not:
Modify or copy the materials;
Attempt to decompile or reverse engineer any software or component of the Software developed by Almiranta Corporation and its agents;
Remove any copyright or other proprietary notations from the Software; or
Transfer the Software to another person/entity/organization/computer or “mirror” the materials on any other server.
This license shall automatically terminate if the User, their agents, and/or their employees violate any of these restrictions and may be terminated by Almiranta Corporation at any time.
The Software, provided by Almiranta Corporation, is provided “as is.” Almiranta Corporation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Almiranta Corporation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Software or otherwise relating to such materials or on any sites linked to this Software.
4. Choice of Law
This Agreement shall be construed and controlled by the laws of the Province of Quebec of Canada. Any dispute concerning or breach of the terms of this Agreement shall be governed by the laws of the Province of Quebec and both parties agree to submit to the venue and in personam jurisdiction of any provincial court in the Province of Quebec.
In no event shall Almiranta Corporation or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Software provided by Almiranta Corporation, even if Almiranta Corporation or a Almiranta Corporation authorized representative has been notified orally or in writing of the possibility of such damage. If the jurisdiction applied to the User does not allow limitations or limitations on implied warranties, this clause shall be void; however, the remainder of this Agreement shall remain in effect.
For Users who avail of our subscription (paid) service, telephone and e-mail support shall be provided to a single contact person only.
6. Revisions and Errata
The software provided by Almiranta Corporation could include technical, typographical, or photographic errors. Almiranta Corporation does not warrant that any of its Software is accurate, complete, or current. Almiranta Corporation may make changes to the Software at any time without notice. Almiranta Corporation is not under any obligation to make any commitment to update the materials.
Almiranta Corporation has not reviewed all of the sites linked to its Software and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Almiranta Corporation of the site. Use of any such linked web site is at the User’s own risk.
8. Software Agreement Modifications
Almiranta Corporation may revise this Agreement for its Software at any time without notice. By using this Software, the User agrees to be bound by the then current version of this Agreement.
We will collect and use your personal information solely with the objective of providing access to the Software, facilitating communication with you or your organization, and/or marketing our products and services to you or your organization.
We will retain personal information for an indefinite period
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used (or the reasons outlined above); and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Some of the methods that we utilize to protect your data are internal policies, rules, procedures, non-disclosure agreements signed by employees and agents, and cryptographic technologies.
We will make readily available to you information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
We share non-identifiable information such as energy conservation and cost reduction solutions, and equipment make and models with third parties.
We take information security very seriously. We protect our clients’ information from theft by utilizing common-sense methods such as file system encryption, database encryption, strict password requirements, amongst other things. We also provide an additional proprietary level of encryption that we call “Layer 3”, which makes it so that ONLY YOU and nobody else (including our own staff) can access your data.
If you have any questions about our data protection practices, please contact us.