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Terms and Conditions *
TERMS AND CONDITIONS 
	
1.Notice to User
Please read this Agreement carefully.  This Agreement governs the terms by which customers of Compmetrica obtain the right to use the products and services provided by Compmetrica through the web site located at www.compmetrica.com (the “Site”). Compmetrica has agreed to sell and provide, and the Customer has agreed to purchase and procure, certain web-based testing capability and other related products and custom services offered by Compmetrica.. By using all or any portion of the products and services delivered by Compmetrica or by selecting the “I Agree” box at the end of this document or otherwise signifying your acceptance, you accept this Agreement either for yourself and on behalf of your employer or the entity that is identified as the account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not use any product or service provided by Compmetrica." ;
In this Agreement: (i) “you” or the “Customer” means you or, if you are accepting on behalf of your employer or  the entity that is the account holder, then “you” means that employer or that entity and its affiliates; (ii) “Compmetrica” or “we” means Compmetrica Inc., operator of the Site; and (iii) “Content” means any test, document, service or product you are downloading from the Site, together with any accompanying material.
These “Terms and Conditions” set forth the complete terms and conditions of rights and obligations of Compmetrica and the Customer. You agree that this Agreement is binding and produces the same effects as any written negotiated agreement signed by you.  This Agreement is enforceable against you and any legal entity that obtained the product and/or services and on whose behalf it is used.  

2.Definitions

The “Agreement” means all the terms and conditions specified in the current document.
“Compmetrica” means Compmetrica Inc., a Canadian corporation, 6 Ste-Marie, Gatineau, Québec Canada J8Y 2A3.
“Compmetrica Competency Model”, also referred to as the “Model” means the Compmetrica Competency Model developed by Compmetrica. It is composed of 60 competencies divided in eight categories (thinking abilities, communications, interpersonal relationships, leadership skills, technical and professional, personal qualities, management skills, entrepreneurship.  Each competency comprises a general definition along with six behavioral indicators.
“Compmetrica Competency Model related products”, also referred to as the “Model related products” refer to, but is not limited to, the Compmetrica structured interview questions, the Compmetrica detailed model, the Compmetrica reference check forms, the Compmetrica training plans, and any other document, material or product developed by Compmetrica and related to the Compmetrica Competency Model. 
“Compmetrica generic products”  refer to, but is not limited to paper and pencil tests [pencil tests?] developed by Compmetrica, test booklets, answer booklets, answer sheets, technical manuals, administration manuals, books, professional documents and any other product developed by Compmetrica.
“Compmetrica Candidate Database” also referred to as the “Candidate Database” includes all the data provided by the candidate and collected by Compmetrica including but not limited to user’s first and last name, address, email address, telephone numbers and test results.  

3.Standard License Terms

a.Use of Compmetrica Competency Model:  If you downloaded or obtained the Compmetrica Competency Model from Compmetrica or one of its authorised licensees and as long as you comply with the terms of this agreement, Compmetrica grants you a non-exclusive license to use the Model as part of your normal human resource activities.  The Model can be used to create a competency model for your organisation or create competency-based job profiles and descriptions. It can also be used as a focal point to organise recruitment, selection, training, career development, performance appraisal, compensation, classification or other human resource activities. Any use of the Model not specifically authorised above is strictly prohibited. These prohibited uses include, but are not limited to:
i)The resale, license or other distribution of the Model, in whole or in part;  
ii)The incorporation of the Model, in whole or in part, in any product that results in a re-distribution or re-use of the Model; 
iii)The use or display of the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; 
If there is any doubt that a proposed use of the Model is a Permitted Use, you should contact Compmetrica for guidance. 

b.Use of Compmetrica Competency Model related products:: If you downloaded or obtained one or many Compmetrica Competency Model related products from Compmetrica or one of its authorised licensees and as long as you comply with the terms of this agreement, Compmetrica grants you a non-exclusive license to use the Model related products as part of your normal human resource activities.  
The Model related products can be used as part of recruitment activities, selection, training, career development, performance appraisal, compensation, classification or other human resource activities.  The Model related products can also be used by professionals or consultants in their normal dealings with clients.  As such, they can use parts of the Model related products and incorporate them in the products and services they deliver for a fee to their clients.  Consultants and professionals can resell parts of the Compmetrica related products, at the exclusion of the Compmetrica Competency Model itself as described in Section 3a, as long as this exchange is included in a one on one relationship with a client and not done as a bulk selling or a commercial distribution activity, unless special arrangements have been made with Compmetrica under a separate signed contract.  Any reselling of the Model related products is subject to all rights and intellectual property conditions set forth in the Agreement. Any use of the Compmetrica Competency Model related products not specifically authorised above is strictly prohibited.  These prohibited uses include, but are not limited to: 
i)The use of the Model related products, in whole or in part for license or other distribution purposes;  
ii)The incorporation of the Model related products, in whole or in part, in any product that results in a re-distribution of the Model related products; 
iii)The use or display of the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; 
iv)The use of the Content for editorial purposes without including the following credit adjacent to the Content: “© Compmetrica 2008”.
If there is any doubt that a proposed use of the Model related products is a Permitted Use, you should contact Compmetrica for guidance. 

c.Use of Compmetrica on-line testing services:  Subject to the terms and conditions of the Agreement, Compmetrica grants to the Customer a non-exclusive, non-transferable, right and license to utilise the Compmetrica online testing service during the time required to complete the test purchased by the Customer.  Any other uses of the Compmetrica online services and products are prohibited, including, but not limited to, copying, reverse engineering, merging, disassembling, decompiling, assigning, transferring, selling, publishing, sublicensing, modifying or making derivative works of all or any portion of the Compmetrica online services and products. The Customer shall not alter or remove any copyright notice or proprietary legend contained in or on the Compmetrica online services and products. No other license to the underlying intellectual property (including without limitation copyright, patent, trademark) of the Compmetrica online services and products is granted. For purposes of the Agreement, “reverse engineering” shall mean the examination or analysis of any software to determine its source code, structure, organization, internal design, algorithms or encryption devices. 

d. Use of Compmetrica generic products:  If you bought a Compmetrica generic product from Compmetrica or one of its authorised licensees and as long as you comply with the terms of this agreement, Compmetrica grants you a non-exclusive license to use the Compmetrica generic product as part of your normal human resource activities.  
The Compmetrica generic products can be used as part of recruitment activities, selection, training, career development, performance appraisal, compensation, classification or other human resource activities.  The Compmetrica generic products can also be used by professionals or consultants in their normal dealings with clients.  As such, they can use the Compmetrica generic product and incorporate it in the products and services they deliver for a fee to their clients.  Consultants and professionals can resell Compmetrica generic products, at the exclusion of the Compmetrica Competency Model itself as described in Section 3a, as long as this exchange is included in a one on one relationship with a client and not done as a bulk selling or a commercial distribution activity, unless special arrangements have been made with Compmetrica under a separate signed contract.  Any reselling of a Compmetrica generic product is subject to all rights and intellectual property conditions set forth in the Agreement. Any use of the Compmetrica generic products not specifically authorised above is strictly prohibited.  These prohibited use include, but are not limited to: 
i)The use of the Compmetrica generic products, in whole or in part for license or other distribution purposes;  
ii)The incorporation of the Compmetrica generic products, in whole or in part, in any product that results in a re-distribution of the Compmetrica generic products; 
iii)The use or display of the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; 
iv)The use of the Content for editorial purposes without including the following credit adjacent to the Content: “© Compmetrica 2008”.
If there is any doubt that a proposed use of the Compmetrica generic product is a Permitted Use, you should contact Compmetrica for guidance. 
If there is any doubt that a proposed use of the Compmetrica generic product is a Permitted Use, you should contact Compmetrica for guidance. 

4.Copyrights and Intellectual Properties

The Compmetrica Competency Model, the Compmetrica Competency Model related products, Compmetrica online testing services and Compmetrica generic products are the sole property of Compmetrica who owns all intellectual property rights and titles into the said elements. 
The Compmetrica Competency Model and related products are protected worldwide under local and international intellectual property laws, including without limitation copyright, patent and trademark law. 
Except for the non-exclusive license granted in Section 3a, 3b, 3c and 3d of the Agreement, Compmetrica shall retain sole and exclusive right, title and interest in and to the Compmetrica Competency Model, the Compmetrica Competency Model related products, Compmetrica online testing services and Compmetrica generic product. No part of this agreement should be interpreted as granting any other license to the underlying intellectual property of the Compmetrica Products. 
The Customer may not alter or remove any copyright notice or proprietary legend contained in or on the Compmetrica Competency Model, the Compmetrica Competency Model related products, Compmetrica online testing services and Compmetrica generic products.
The Compmetrica online services and products, the Compmetrica Competency Model,  Compmetrica Competency Model related products, Compmetrica generic products and the various concepts, ideas, methods, methodologies, procedures, processes, know-how and techniques, models, templates, the generalised features of the structure, sequence and organisation of test content, software, hardware, user interfaces and screen designs, and software tools, utilities and routines, and logic, coherence and methods of operation of systems Compmetrica has created, acquired or otherwise has rights in, and may, in connection with the performance of Compmetrica Services, employ, provide, modify, create, or acquire or otherwise obtain rights in (collectively, the “Compmetrica Technology”), are proprietary information, materials and technology of Compmetrica and are protected under intellectual property laws, including without limitation copyright law, patent law, trademark law and international treaty provisions. Except for the non-exclusive license granted in Section 3a, 3b, 3c and 3d of the Agreement, Compmetrica shall retain sole and exclusive right, title and interest in and to the Compmetrica Products and Compmetrica Technology, including, without limitation, all intellectual property rights and other proprietary rights in and to the foregoing. Without limiting the foregoing in any respect, Compmetrica shall have exclusive right, title and interest in and to (i) all existing test questions, test question items, certifications, assessments, reports, or other exam or test products developed by Compmetrica that are offered to the general public or through exclusive contracts or agreements, (ii) all results, obtained from the general public or through exclusive contracts or agreements, that are generated from Compmetrica developed test questions, test question items, certifications, assessments, reports or other exam or test products and (iii) the Compmetrica Candidate Database (the “Candidate Database”) and the user data populated in the Candidate Database. 
Nothing in the Agreement shall be construed as precluding or limiting in any way the right of Compmetrica to provide the Compmetrica Competency Model, to any person or entity as Compmetrica in its sole discretion deems appropriate.

5.User Data Rights

Compmetrica shall be the sole owner and hold the exclusive property rights into all databases containing user data that is provided or created by users who directly access the Compmetrica website and, or who have not directly registered with, or been referred to, Compmetrica by the Customer. User data shall include, but is not limited to, user’s first and last name, address, email address, telephone numbers and test results, which have been obtained directly through the user’s Compmetrica account. 
Compmetrica shall be solely liable for its respective use of such data. 
The Customer shall have exclusive rights to all databases containing user data that is either provided or created by the Customer’s users who directly access the Customer’s website through the Customer’s account with Compmetrica and, or have not directly registered or been referred by Compmetrica. The Customer’s users shall include, but is not limited to the Customer’s employees, perspective employees, association members, vendors, resellers, partners or alliance members, and visitors to the Customer’s website. User data shall include, but is not limited to, user’s first and last name, address, email address, telephone numbers and test results, which have been obtained directly through the Customer’s account with Compmetrica. The Customer shall be solely liable for its respective use of such data. Compmetrica will not at any time market, or distribute to third parties the names, addresses or other personally identifying data regarding users who reach the Compmetrica database through the Customer’s account with Compmetrica. Compmetrica may use the names, addresses or other personally identifying data regarding end-users including test results, for tests administration and reporting, statistical and data aggregation purposes only. 
Compmetrica shall have exclusive rights in and to any custom built test questions, test question items, certifications, assessments, or other exam or test products developed by Compmetrica alone or in conjunction with the Customer. The Customer shall not sell, re-sell, license or otherwise use the Compmetrica products so developed to compete with Compmetrica with any other party without Compmetrica’s prior consent. 
The Customer has the right to access the Candidate Database for the Customer’s own use. The Customer shall not copy, re-sell, distribute or allow third party access to the Candidate Database, unless the Customer is granted permission, in writing, from Compmetrica to take such action

6.Passwords

The services and related features made available on this website require a subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. 
You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on this website, and (b) all activities that occur under such password or account. Further, you agree to notify Compmetrica of any unauthorized use of your password or account. Compmetrica, as well as their respective directors, officers, and employees, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind arising out of, or in connection with, your failure to comply with this provision or with any unauthorized use of your password.

7.General Considerations

Compmetrica grants to the Customer a royalty-free, non-exclusive, worldwide, limited license to use Compmetrica’s trademarks only in connection with the Customer’s marketing, advertising, promotion, and distribution of its services and products and the promotion of itself as an online partner of Compmetrica, and only in accordance with any written specifications that may be provided by Compmetrica. Compmetrica will retain all goodwill and all other rights in and to its trademarks. Upon request of Compmetrica, the Customer shall provide appropriate attribution of the use of Compmetrica’s trademarks.
The Customer grants to Compmetrica a royalty-free, non-exclusive, worldwide, limited license to use the Customer’s trademarks only in connection with Compmetrica’s marketing, advertising, promotion, and distribution of its services and products and the promotion of itself as an online partner of the Customer, and only in accordance with any written specifications that may be provided by the Customer. The Customer will retain all goodwill and all other rights in and to its trademarks. Upon request of the Customer, Compmetrica shall provide appropriate attribution of the use of the Customer’s trademarks
This Agreement will be governed by the laws applicable within the Province of Quebec without reference to conflicts of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 
You consent to service of any required notice or process upon you by fax or registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the product or service was downloaded, or such other address as you may advise us in writing to use, from time to time. 
Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the Province of Quebec. 
Compmetrica may, at its sole discretion, modify the terms and conditions of this agreement provided that you are informed of such changes, Notwithstanding the above mentioned notice provisions by way of an email message or a notice posted on the website.  Any use of the service following the modification of the terms and conditions will be considered an acceptation of the new terms and conditions
Compmetrica may monitor the access to this website and other activities in relation thereto. Compmetrica may intervene to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this website, you consent to said monitoring should Compmetrica proceed therewith and to any eventual intervention.
Links and references to other websites are provided to you as a convenience only. Compmetrica has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. 
You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by the Site Owner. (To obtain permission, contact our Website Administrator at 819-776-1194 ou 1-888-776-1194).
Compmetrica’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision  
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction. 
This agreement is personal to you, and you may not assign your rights or obligations to anyone, except as expressly provided herein.
These Terms constitute the entire agreement between Competrica and you pertaining to your use of this website, its services and products and supersede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and Compmetrica with respect to the subject matter hereof.  
The parties hereto have requested that the present agreement be drafted exclusively in English.  Les parties aux présentes ont demandé que ce contrat soit rédigé exclusivement en anglais. 

8.Limitation of Liability

a.IF EITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY MATTER RELATING TO OR ARISING FROM THE AGREEMENT, WHETHER BASED UPON AN ACTION OR CLAIM IN CONTRACT, WARRANTY, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE, THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE AGAINST THE LIABLE PARTY WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER WILL NOT EXCEED AN AMOUNT EQUAL TO ONE-THIRD OF THE ANNUAL FEES PAID TO COMPMETRICA BY THE CUSTOMER PRIOR TO THE ASSERTION OF THE CLAIM.
b.IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO BUSINESS INTERRUPTION OR LOST PROFITS, SAVINGS, COMPETITIVE ADVANTAGE OR GOODWILL) ARISING FROM OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM, WHETHER IN CONTRACT, WARRANTY, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE AND REGARDLESS OF THE CAUSE OF SUCH DAMAGES EVEN IF SUCH DAMAGES WERE FORESEEABLE. 
c.THE CUSTOMER ACKNOWLEDGES THAT COMPMETRICA DOES NOT WARRANT THAT THE COMPMETRICA PRODUCTS AND COMPMETRICA SERVICES OR ACCESS THERETO WILL BE ERROR FREE, CURRENT OR UNINTERRUPTED OR THAT ALL ERRORS CAN OR WILL BE CORRECTED. COMPMETRICA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE COMPMETRICA PRODUCTS AND COMPMETRICA SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN OR USE.
d.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF COMPMETRICA AGREEING TO PROVIDE THE PRODUCT AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPMETRICA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND COMPMETRICA RELATING TO THE SUBJECT OF THIS AGREEMENT.
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