License agreement

Important: Please read this license carefully before you activate the product you have ordered.

License agreement (PDF, 105 KB)

Through its Codes-Guides On-line Library, the National Research Council of Canada (NRC) offers electronic access to publications within the National Construction Codes and Guides collection. NRC offers electronic access by way of downloadable PDFs and on-line subscriptions for single or concurrent users.

By completing the Purchase Order form made available through NRC’s Virtual Store and by submitting the completed form to NRC, You are requesting electronic access to the publications identified in Your Purchase Order.

Your access to and use of the electronic publication(s) that you have ordered is subject to the terms and conditions of this LICENSE AGREEMENT. You are not permitted to access on-line subscriptions or to download the publications identified in your Purchase Order until you have agreed to be bound by all of the terms and conditions of this LICENSE AGREEMENT.

BELOW THIS LICENSE AGREEMENT THERE IS THE FOLLOWING ON-SCREEN STATEMENT: I AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT. BY CLICKING THE BOX THAT PRECEDES THE STATEMENT I AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY AND BE A PARTY TO THIS LICENSE AGREEMENT WITH THE NRC. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS, DO NOT CLICK THIS BOX; YOU WILL NOT BE ABLE TO PROCEED WITH ANY FURTHER STEPS IN THE PROCESS OF ACTIVATING THE SUBSCRIPTION OR DOWNLOAD YOU HAVE ORDERED. For information, contact:

Client Services – Codes-Guides On-line
National Research Council of Canada
1200 Montreal Road
Ottawa, Ontario K1A 0R6

Toll free: 1-800-672-7990
Telephone: 613-993-2463 (Ottawa-Gatineau and outside of Canada)
Fax: 613-952-7673
Emailcodesonline@nrc-cnrc.gc.ca

NO REFUND OF THE SUBSCRIPTION FEE and NO EXCHANGE WILL BE PROVIDED IF YOU HAVE FULLY ACCEPTED THE TERMS OF THIS AGREEMENT AND HAVE PROCEEDED WITH THE ACTIVATION OF THE SUBSCRIPTIONS OR THE DOWNLOADS YOU ORDERED.

1.0 Definitions

Activate means to electronically select the Licensed Product for activation during Your completion of the on-line process established by NRC for user registration and activation of subscriptions with NRC’s Codes-Guides On-line Library. Activated and Activation have corresponding meanings.

Activation Date means the calendar date on which You Activate Your access to the Licensed Product.

Codes-Guides On-line Library means the collection of NRC publications available at How to activate subscriptions.

Concurrent User – On-line Subscription Product means an electronic publication, or collection of publications, in NRC’s National Construction Codes and Guides collection that is made available by NRC for simultaneous on-line access by a number of Users.

Licensed Product means any or all of the following products which you identified in your Purchase Order: Single User – On-line Subscription Product, Concurrent User – On-line Subscription Product, and PDF Download Product.

On-line Subscription Period means a consecutive number of calendar days commencing on the Activation Date and expiring either 10 calendar days, 365 calendar days or 1825 calendar days later as determined by the subscription period advertised by NRC in association with the Licensed Product that you identified in Your Purchase Order.

PDF Download Product means an electronic publication, or collection of publications, in NRC’s National Construction Codes and Guides collection that is made available by NRC for download from NRC’s server in Portable Document Format (.pdf).

Purchase Order means the electronic purchase order form, available at NRC’s Virtual Store, that You completed and submitted to NRC to request the purchase of the Licensed Product(s) identified therein.

Single User – On-line Subscription Product means an electronic publication, or collection of publications, in NRC’s National Construction Codes and Guides collection that is made available by NRC for electronic access by a single User.

Subscription Fee means the purchase price paid to NRC in accordance with the Purchase Order You submitted to NRC through NRC’s Virtual Store.

User means a single, natural person who may be You or one of Your employees.

You means the legal person in whose name the Licensed Product is purchased and the employees of that legal person. The possessive adjective Your has a corresponding meaning.

2.0 Grant of license

In consideration of payment of the Subscription Fee and Your consent to abide by the terms and conditions of this License, NRC grants You a non-exclusive right to use the On-line Subscription
Product(s) and the PDF Download Product(s) that You identified in Your Purchase Order, within the limits stated in this License. This License does not give You any ownership rights to the Licensed Product, and You must agree not to use the Licensed Product in any manner other than as allowed by this License.

3.0 Restrictions on copying

The Licensed Product is owned by NRC and is protected by Canadian Copyright Law and international treaty provisions. You may reproduce the human-readable text version of the Licensed Product subject to the following restrictions:

  1. reproductions may be made in no other manner than by use of the copy-and-paste function of Adobe Acrobat or Reader; and
     
  2. reproduction must be limited to extracted portions that cumulatively amount to no more than 5% of the human-readable text version of any one of the publications included in the Licensed Product. Any other reproduction requires the written permission of the NRC.

4.0 General restrictions on use

Except as expressly permitted in this Agreement, You shall not:

  1. systematically reproduce, redistribute, display, or otherwise make available the publication(s), or excerpts thereof, contained in the Licensed Product;
     
  2. activate, unlock or otherwise gain electronic access to the Licensed Product by any means other than those provided by NRC;
     
  3. make electronically accessible any publication(s) or excerpts thereof contained in the Licensed Product, including, but not limited to, by email, on-line service, or Wide Area Network, such as the Internet;
     
  4. abridge, modify, translate or create any derivative work based upon any publication, or excerpts thereof, contained in the Licensed Product, including, but not limited to, the creation of a searchable archive of codes and guides, without the prior written consent of NRC; and
     
  5. remove, obscure or modify in any way the copyright notices or any other notices or disclaimers that appear on publications contained in the Licensed Product.

5.0 Additional restrictions on use of single user – on-line subscription products

If the Licensed Product that You purchased is a Single User – On-line Subscription Product, You shall not in relation to that Licensed Product,

  1. use a User Name and/or Password not registered by You directly with NRC;
     
  2. allow anyone other than You to have access to the Licensed Product; nor
     
  3. allow anyone other than You to have access to Your User Name and/or Password registered by You with NRC.

6.0 Additional restrictions on use of concurrent user – on-line subscription products

If the Licensed Product that You purchased is a Concurrent User – On-line Subscription Product, You shall not in relation to that Licensed Product, allow the number of concurrent users of the Licensed Product to exceed the maximum number of concurrent users advertised by NRC in association with the Concurrent User – On-line Subscription Product that You identified in Your Purchase Order.

7.0 Additional restrictions on use of PDF download products

If the Licensed Product that You purchased is a PDF Download Product, You shall not in relation to that Licensed Product, unlock the PDF Download Product, or otherwise obtain access to and save the content of the PDF Download Product onto a personal computer, any more than two (2) times.

8.0 Your liability

You shall be liable for any failure by You, including Your employees and any person whom You permit to use the Licensed Product, to comply with the terms of this Agreement.

9.0 Availability

The Licensed Product shall be subject to periodic unavailability due to regular maintenance including, but not limited to, maintenance of the server(s) and other equipment used to host NRC’s Codes-Guides On-line Library, installation or testing of software and loading of publications as they become available. NRC shall make a reasonable effort to minimize the extent of any period of unavailability due to such regular maintenance. You shall not be entitled to any credit, reduction or set-off against the purchase price for downtime or any interruption in the availability of the Licensed Product.

10.0 Transfer of license

The License may not be assigned, sublicensed or otherwise transferred by You without the prior written consent of the NRC. If consent is given, the third party must agree to accept the terms and conditions of this License.

11.0 Limited warranty

11.1 NRC warrants that the publications contained in the Licensed Product do not infringe any copyright or violate any obligation of confidentiality. If a breach of warranty mentioned in this paragraph is proved in court, NRC will cancel all debts owing and refund all payments made pursuant to this agreement within the three (3) years preceding the commencement of court action.

11.2 The electronic access to, and use of, the Licensed Product and the Codes-Guides On-line Library is provided to You on an as is basis and has not been supplied to meet Your particular requirements. It is Your responsibility to satisfy Yourself prior to entering into this agreement that the on-line access delivery and/or the .pdf download will meet Your requirements and be compatible with Your hardware/software configuration. No failure of any part of the Licensed Product to be suitable for Your requirements will give rise to any claim against NRC.

11.3 Reasonable care is taken to ensure the accuracy and completeness of the information set out in the publication contained in the Licensed Product, but NRC makes NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE LICENSED PRODUCT IS FREE FROM ERRORS OR OMISSIONS. In case of inconsistency between the human readable text contained in the Licensed Product and the hard-copy printed version of the National Construction Codes and Guides published by NRC, the latter shall have priority.

11.4 EXCEPT AS EXPRESSLY STATED HEREIN, NRC DISCLAIMS ANY WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, OF ANY KIND OR NATURE WITH RESPECT TO THE LICENSED PRODUCT AND NRC’S CODES-GUIDES ON-LINE LIBRARY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, FREEDOM FROM ERROR OR DEFECT, PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NRC BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOST SAVINGS OR OTHER INCIDENTAL DAMAGES) ARISING FROM THE USE OF THE LICENSED PRODUCT OR FROM THE USE OF NRC’S CODES-GUIDES ON-LINE LIBRARY.

11.5 The aggregate maximum liability of NRC in respect of any direct loss or any other loss (to the extent that such loss is not excluded by this License), whether such claim arises in contract or tort, shall not exceed a sum equal to that paid as the purchase price in respect of the Licensed Product.

12.0 General

This agreement supersedes all prior communications, negotiations and agreements concerning the Licensed Product. No amendment or waiver of terms is effective unless it is in writing, signed by both parties, and specifically states the intention to affect this agreement.

13.0 Applicable laws

This License is governed by the laws of Ontario and the laws of Canada applicable therein. In relation to this License, You consent to jurisdiction of the courts of Ontario.

14.0 Termination

In the case of an On-line Subscription Product purchased by You, this License is effective for the On-line Subscription Period, unless it is terminated earlier.

In the case of a PDF Download Product, this License is effective in perpetuity, unless it is terminated earlier.

This License terminates automatically without notice from NRC if You fail to comply with any provision of this License.

National Research Council Canada
Codes-Guides On-line Library
Subscription License