Terms and Conditions of Use for the CIRA Canadian Traceroute Database Application

1. Acceptance of Terms and Conditions

1. By downloading and using the TRGen Desktop Application (the “Application”), you agree to be bound by the following terms and conditions (the “Terms”). If you do not agree to the Terms, do not use or download the Application.
2. CIRA may, in its sole discretion, revise these Terms at any time without advance notice to you. Your download and continued use of the Application after the revised Terms are posted online will confirm your acceptance of the revised Terms. CIRA encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Application. If you do not agree to the revised Terms, you must stop using the Application

2. Ownership of Application

1. CIRA owns or licences all intellectual property rights, including without limitation copyright and trade-mark rights, in connection with all materials on or comprising the Application. CIRA grants you a limited license to use, and download the Application, subject to the following conditions:
   • you must not use the Application for any illegal or unauthorized purpose;
   • you must not, in the use of the Application, violate any laws in your jurisdiction (including but not limited to intellectual property laws); and
   • you must use the Application solely for non-commercial purposes.
2. CIRA’s express, prior, written permission is required in connection with any activity that is not included in the license above, and/or for the use of the Application for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
3. The CIRA logos are trade-marks of CIRA, and may not be used without the express written permission of CIRA.

3. DISCLAIMER

YOUR DOWNLOAD AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

CIRA MAKES NO WARRANTY OR CONDITION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE APPLICATION IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; THAT YOUR USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS; OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CIRA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD AND/OR USE OF THE APPLICATION.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; OR (B) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIRA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR CONTENT OR FOR ANY REASON WHATSOEVER, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE DOLLAR (CAD$1).

5. INDEMNITY

IF CIRA AND ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHOULD INCUR ANY LIABILITY TO A THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APPLICATION, YOU AGREE TO INDEMNIFY AND HOLD CIRA HARMLESS FROM ANY SUCH LIABILITY, ANY AND ALL CLAIMS, COSTS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIABILITIES, DEBTS, AND CAUSES OF ACTION IN CONNECTION THEREWITH, INCLUDING REASONABLE LAWYER’S FEES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE APPLICATION.

6. Miscellaneous

1. You affirm that you are either more than the age of majority in your jurisdiction of residence or possess parental or guardian consent to agree to these Terms and access and use the Application and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. Unless prohibited by the law in your jurisdiction (which may include the Province of Quebec), these Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions, and you agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada.
3. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
4. This Agreement does not provide and shall not be construed to provide third parties (i.e., non-parties to this Agreement), with any remedy, claim, cause of action or privilege. Nothing in this Agreement shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the parties.
5. These Terms constitute the entire agreement between you and CIRA with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
6. In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.

Code of Conduct

1. You may not use the Application for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Application.
2. You may not use the Application in any manner which could disable, overburden, damage, or impair the Application, CIRA’s servers or computer network, or interfere with any other party’s use and enjoyment of the Application.
3. You agree that you are responsible for your own conduct while using the Application and for any consequences of that use.

Privacy

When you download and/or use the Application, CIRA will collect information about your Internet Service Provider, your Internet Protocol (IP) address, and the geolocation of your IP address, if applicable.

In addition to creating, processing and storing traceroute data, the traceroute generator (TRgen) collects data associated with the submitting user, including the submitted name, the traceroute submission, and the geolocation information of the user.