This Platform is offered and available to users who are 18 years of age or older and a member of a company that is a going concern. By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Platform.
"Access" or "Accessible" means, with respect to a computer program or other materials, (a) to use or execute a computer program or other materials or (b) to use or otherwise benefit from the features or functionality of a computer program or other materials.
"Account" means a user account in the Titan Digital Workspace.
"Authorized User" means any individual person who is authorized to Subscribe or Access any of the Materials via the Titan Digital Workspace.
"Customer Information Form" means a form completed by or on behalf of a user or prospective user and submitted to the Company or a Reseller, directly or indirectly, in connection with a licensee's order for a license of Materials, Subscription or Services.
"Excluded Materials" means any materials, including Software or User Documentation (and including, without limitation, any computer programs, modules or components of a computer program, functionality or features of a computer program, explanatory printed or electronic materials, content or other materials, if any), that may be provided or become available to you, by any means, or that are on any media delivered to you, for which (a) you do not have a License Identification authorized by the Company, or (b) you have not paid (and continued to pay) the applicable fees. You acknowledge that Excluded Materials are included on the Titan Digital Workspace for convenience of the licensing mechanism used by the Company, and Access to such Excluded Materials does not in any way authorize, expressly or impliedly, a right for you to use such Excluded Materials.
"License Identification" means one or more designations by the Company that set forth the License Type (among other things) for a license of the Materials. The License Identification may obtained from the Company on request. For clarity, License Identification does not include a designation, confirmation, platform or other documentation provided by a Reseller or other third party.
"License Type" means a type of license specified by the Company for Materials, including the types set forth in Schedule "A" attached hereto. License Type includes the terms specified by the Company for each type of license, including the applicable terms set forth in Schedule "A". License Type is determined by the Company and may be specified in the applicable License Identification.
"Permitted Number" means a maximum number (e.g., number of Authorized Users, number of concurrent Authorized Users, number of computers, sessions, etc.) applicable to a license of the Materials and to the License Type (see Schedule "A") associated with such license. Such number is determined by the Company and may be specified in the applicable License Identification.
"Personnel" means (a) your individual employees and (b) individual persons who are independent contractors working on your premises and who Subscribe and Access the Materials only on and through computers owned or leased and controlled by you.
"Reseller" means a distributor or reseller authorized directly or indirectly by the Company to distribute Materials to a licensee.
"Software" means a computer program, or a module or component of a computer program, distributed or made available by the Company. The term "Software" may also refer to functions and features of a computer program and functions and features of a cloud-based application.
"Subscription" or "Subscribe" is the authorized use of the Titan Digital Workspace, granted by the Company, through which the Company provides (among other things), updates and upgrades to Accounts, new versions of Accounts, and certain other support, services and training relating to Materials.
"Titan Digital Workspace" means the software tool known as Nine Dynamics Titan or any future Company tool for managing, monitoring or controlling Subscription of or Access to an Account or Materials.
"User Documentation" means the explanatory or instructional materials for Software (including materials regarding training for and use of the Software), whether in printed or electronic form, that Nine Dynamics or a Reseller incorporates in the Software or otherwise provides to its customers when or after such customers license, acquire or Subscribe for the Software.
4. Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Intellectual Property Rights
The Platform and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Modify copies of any materials from the Platform.
- Use any illustrations, photographs, video or audio sequences or any graphics outside the Platform.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
6. Use of the Platform and Materials
You acknowledge and agree that when you acquire a license for Materials, a Subscription or Services, such acquisition is neither contingent on the delivery of any future features or functionality nor subject to any public or other comments (oral, written or otherwise) made by the Company regarding future features or functionality.
Subscription for and Access to the Materials require, and the continued use thereof may from time to time require, authentication of Authorized User email addresses and subsequent login codes issued by the Company. Email registration will be required before a login code is issued by the Company. You must provide the Company and its Reseller with any information required for such registration and you covenant that any information provided to the Company or its Reseller will be accurate and current. You agree to maintain and update your registration information, on an ongoing basis, either directly with the Company, or through the Company's customer data registration processes, including, without limitation, the Customer Information Form located at https://www.ninedynamics.com, or which may be provided directly to you by the Company.
Work product and other data created with Materials made available under certain License Types, including licenses that limit the permitted purpose to educational purposes or personal learning purposes, may contain certain notices and limitations that make the work product and other data usable only in certain circumstances (e.g., only in the education field). In addition, if you combine or link work product or other data created with such Materials with work product or other data otherwise created, then such other work product or data may also be affected by these notices and limitations. The Company will have no responsibility or liability whatsoever if you combine or link work product or other data created with Materials with work product or other data otherwise created. In addition, you may not remove, alter or obscure any such notices or limitations.
The Company name, the terms "Nine Dynamics", "the Art of Analysis", the Company's "Nine Dynamics" and "Titan" logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
8. Prohibited Uses
- In any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Platform.
- Introduce any viruses, malware or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, any server on which any portion of the Platform is stored, or any server, computer or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
9. User Contributions
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit (collectively, "post") to other users or other persons content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the Content Standards.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
10. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive, and hold harmless the Company from, any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Upon termination of your access to the Platform, the licenses granted hereunder will terminate. Upon termination or expiration of any license granted to you, you must cease all use of Materials to which such license applies, any Subscription (including, without limitation, associated services), and any Services. If your Subscription is terminated or expires, but your access to the Platform and license to the Materials remains in effect, any rights of yours based on the Subscription (including, without limitation, rights with respect to previous versions) will terminate, and (unless otherwise authorized by the Subscription Program Terms) you must cease use of all copies of such previous versions.
11. Content Standards
These content standards (collectively, the "Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Contributions may not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
12. Reliance on Information Posted
All information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Materials are not a substitute for your professional judgment or independent testing. The Materials are intended only to assist you with your design, analysis, simulation, estimation, testing or other activities and are not a substitute for your own independent design, analysis, simulation, estimation, testing, or other activities, including those with respect to product stress, safety and utility. Due to the large variety of potential applications for the Materials, the Materials have not been tested in all situations under which they may be used. The Company will not be liable in any manner whatsoever for the results obtained through use of the Materials. Persons using the Materials are responsible for the supervision, management, and control of the Materials and the results of using the Materials. This responsibility includes, without limitation, the determination of appropriate uses for the Materials and the selection of the Materials and other computer programs and materials to help achieve intended results. Persons using the Materials are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, and other characteristics of any output of the Materials, including, without limitation, all items designed with the assistance of the Materials. You further acknowledge and agree that the Materials form part of your total unique hardware and software environment to deliver specific functionality, and that the Materials provided by the Company may not achieve the results you desire.
This Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable, to you or any third party, for the content or accuracy of any materials or software provided by any third parties.
The Platform and Materials may contain forward-looking statements about companies, including assessments about business prospects and future results of operations. These statements involve risks and uncertainties. Among the important additional factors that could cause actual results to differ materially from those forward-looking statements are risks associated with the overall economic environment, realization of customer contracts, strength of the Company's patents, validation of the technology, changes in anticipated earnings of the Company and other factors detailed in the Company's filings with various stock markets or contained in the Company's proprietary information. In addition, the factors underlying all forecasts are dynamic and subject to change and therefore any forecast published or reproduced by the Company is relevant only to the date at which it is made.
13. Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
14. Information About You and Your Use of the Platform
15. Linking to the Platform and Social Media Features
You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Platform.
- Send e-mails or other communications with certain content, or links to certain content, on this Platform.
- Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:
- Establish a link from any website that is not owned by you.
- Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Platform other than the website homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time, without notice, in our discretion.
16. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Platform, its content and any services or items obtained through the Platform, is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the servers that make it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
To the fullest extent allowed under applicable law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
18. Limitation on Liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
20. Assumption of Risk
You assume full responsibility and risk of, and the Company and its affiliates shall not be liable for, any loss which results from any transactions or decisions you make on the basis of the Materials or any other information provided through, or available on, the Platform.
21. Governing Law and Jurisdiction
22. Waiver and Severability
23. Entire Agreement