QP LegalEze -- BC Legislation





	Memorandum of Understanding

QP LEGALEZE AND DATA

1.	QP LegalEze is a research tool that allows for electronic access to the Statutes and Regulations of British Columbia, Gazette Part II, Supplements, Table of Legislative Changes, Historical Tables, Bulletins, Rules of Court, Bills, and Orders-In-Council Resumes (with information, images, documents and other material made available by the Queen's Printer through QP LegalEze, collectively referred to as the "Data").
AGREEMENT AND GRANT OF LICENSE
2.	The Subscriber, by completing and submitting the Government Account System Access Request Form ), offers to enter into this Memorandum of Understanding ("MOU") with the Queen's Printer and to purchase a non-exclusive, non-transferable, revocable license that allows one employee of the Subscriber (a "User") to access and use QP LegalEze at any given time (a "Concurrent User License") on the terms contained in this MOU.
3.	The Queen's Printer, upon indicating its acceptance of the Subscriber's offer to enter into this MOU by the earlier of either activating the User IDs (defined below) or issuing a journal voucher to the Subscriber for the fees payable to the Queen's Printer ("Fees"), grants to the Subscriber the Concurrent User Licenses purchased on the terms set out in this MOU.
ACCESS
4.	Each Concurrent User License may be associated with up to 3 identification names or numbers assigned by the Queen's Printer to the Subscriber ("User IDs") for the purpose of accessing QP LegalEze.
5.	Each User ID will be associated with one User's electronic mail address ("Personal User E-mail Address") for the primary purpose of the Queen's Printer sending update notifications regarding the Data.
6.	Each User ID will be assigned an alphanumeric sequence by the Queen's Printer that validates a User ID on QP LegalEze.
7.	Subject to paragraph 8, for each User ID issued by the Queen's Printer, the Queen's Printer will provide:
	(a)	unlimited, 24-hour Internet access to QP LegalEze;
	(b)	basic training and technical assistance in the functions of QP LegalEze; and
	(c)	international, toll-free telephone support from Monday to Friday, 8:30 a.m. to 4:30 p.m. Pacific time, excluding government of British Columbia statutory holidays.
8.	The Queen's Printer is not responsible for failure to provide access to QP LegalEze or the Data for any reason including:
	(a)	the Subscriber's equipment;
	(b)	the Internet or any communication facilities;
	(c)	any causes or conditions beyond the control of the Queen's Printer; or
	(d)	scheduled maintenance outages.
CONCURRENT USER LICENSES
9.	All Concurrent User Licenses initially ordered on the Government Account System Access Request Form ("Initial Licenses") will be in effect for the period starting on the date that the Queen's Printer activates the respective User IDs ("Start Date") and expiring on the last day of the 12th full calendar month after the Start Date ("End Date"), unless renewed by mutual agreement of the parties for the period described in paragraph 10 (at which time the Initial Licenses will become "Renewal Licenses").
10.	On first renewal, the Renewal Licenses will be in effect for the period starting on the first day after the End Date ("Renewal Start Date") and expiring on the first anniversary of the End Date ("Renewal End Date"), unless further renewed by mutual consent of the parties.
11.	On any subsequent renewal, the Renewal Licenses will be in effect for the period starting on the anniversary of the Renewal Start Date and expiring on the subsequent anniversary of the Renewal End Date unless further renewed on the mutual consent of the parties.
12.	From time to time after the Start Date or, if renewed, after a Renewal Start Date, the Subscriber may order additional Concurrent User Licenses ("Additional Licenses").
13.	All Additional Licenses will be in effect for the period starting on the date that the Queen's Printer activates the respective User IDs (also a "Start Date") and expiring concurrently with all other Initial Licenses or Renewal Licenses, as the case may be, on either the End Date or a Renewal End Date respectively, unless renewed by mutual consent of the parties (at which time the Additional Licenses will also become "Renewal Licenses").
RENEWAL
14.	Prior to the End Date or, if applicable, a Renewal End Date, the Province will send to the Subscriber:
	(a)	notice of renewal, which may include notice of increases to Fees payable and a journal voucher for the Fees payable for any Renewal Licenses, or
	(b)	notice that the Concurrent User Licenses will not be renewed by the Queen's Printer.
15.	Upon receipt of the Queen's Printer's notice of renewal, if the Subscriber:
	(a)	wants to reduce the number of Concurrent User Licenses, the Subscriber may pay only those Fees owing for the number of Renewal Licenses desired; or
	(b)	does not want to renew any Concurrent User Licenses, the Subscriber will respond to the Queen's Printer within 10 business days that the journal voucher for the Fees will not be accepted.
FEES
16.	The Fees will be calculated at the time of ordering or renewing, as applicable, on the basis of:
	(a)	the Fees published by the Queen's Printer on the QP LegalEze Web site;
	(b)	for each Initial License or Renewal License, the full subscription Fee;
	(c)	for Additional Licenses added after the Start Date, the pro-rated subscription Fee from the first day of the calendar month following the respective Start Date until the End Date; and
	(d)	for Additional Licenses added after a Renewal Start Date, the pro-rated subscription Fee from the first day of the calendar month following the respective Start Date until the subsequent Renewal End Date.
17.	Subject to paragraph 15, the Subscriber agrees to accept journal vouchers from the Queen's Printer for the Fees owing pursuant to this MOU.
18.	If for any reason this service is discontinued, the Subscriber will be entitled to a full refund.
STATEMENT OF USE
19.	By entering into this MOU, the Subscriber agrees to abide by, and will ensure that all of its Users will abide by, the Statement of Use ("Statement") attached as Schedule "A" to this MOU, and which is published on the QP LegalEze Web page used to enter the User IDs and Passwords ("Web Page").
AMENDMENT
20.	The Queen's Printer may, at its sole discretion, amend the terms and conditions of this MOU by providing notice to the Subscriber of the revised terms and conditions and, when so provided, the revised terms and conditions will apply.
21.	The Queen's Printer may at any time, at its sole discretion, amend the Statement and by publishing the amended Statement on the Web Page, the Queen's Printer will be deemed to have provided the Subscriber with notice of the amended Statement.
TERM OF MOU
22.	The term of this MOU commences on the Start Date of the Initial Licenses and ends on the latter of the End Date or, if renewed, on the last Renewal End Date, unless earlier terminated pursuant to the provisions of this MOU.
23.	If the Subscriber breaches a term of this MOU, or if the Subscriber or any of its Users breaches a term of the Statement, the Queen's Printer, at its sole discretion, may terminate any Concurrent User License or this MOU at any time and without notice.

SCHEDULE "A" STATEMENT OF USE QP LEGALEZE
By entering a User ID and Password, and clicking the "Agree" button, you represent your agreement to abide by this Statement of Use.
In the event that you do not abide by this Statement of Use, Her Majesty the Queen in right of the Province of British Columbia, as represented by the Queen's Printer (the "Queen's Printer"), may terminate any Agreement, Memorandum of Understanding or License that permits you to access QP LegalEze, a research tool that allows for electronic access to the Data, and may pursue any remedy available at law or in equity.
COPYRIGHT
1.	Copyright in any or all information, images, documents and other material made available by the Queen's Printer through QP LegalEze, including the Statutes and Regulations of British Columbia, Gazette Part II, Supplements, Table of Legislative Changes, Historical Tables, Bulletins, Rules of Court, Bills, and Orders-In-Council Resumes (the "Data") belongs exclusively to the Queen's Printer. Further details about copyright protection over the Data and other government-owned works can be obtained by reference to the federal Copyright Act and the Provincial Government Management Operating Policy Manual, Section 4.98.
NON-PERMITTED USES
2.	You agree that you will not, without the prior written consent of the Queen's Printer:
	(a)	provide access to QP LegalEze or the Data, or make available the same, to any third party by sale, rental, lease, lending, exchange, donation, commercial distribution or other means;
	(b)	create any good or product, or provide any service that uses, is derived from, modifies or incorporates the Data; or
	(c)	copy the Data in any form, other than for private study or private research, or for use within letters of advice provided by a lawyer, accountant or other professional, as well as reproduction for use in judicial, administrative or parliamentary proceedings.
SECURITY
3.	You will not:
	(a)	permit any third-party to use any identification name or number used to access QP LegalEze (a "User ID") or any alphanumeric sequence that validates a User ID on QP LegalEze (a "Password");
	(b)	divulge, share or compromise any User IDs or Passwords;
	(c)	use or attempt to use the User ID or Password of any other Subscriber;
	(d)	modify or attempt to modify any User ID or Password;
	(e)	test or examine the security related to QP LegalEze;
	(f)	take any action that might reasonably be construed as altering, destroying or rendering ineffective the Data or QP LegalEze;
	(g)	decompile, disassemble, reverse engineer, or otherwise copy the Data or QP LegalEze source code; or
	(h)	alter the format or content of a print or display of any Data retrieved from QP LegalEze.
NOT OFFICIAL VERSION
4.	You acknowledge and agree that the Data included in QP LegalEze are not the official version of the Data. The official version remains the printed version published by the Queen's Printer.
DISCLAIMER
5.	QP LEGALEZE AND THE DATA ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE QUEEN'S PRINTER DOES NOT WARRANT THE ACCURACY OR THE COMPLETENESS OF THE DATA OR THAT QP LEGALEZE WILL FUNCTION WITHOUT ERROR, FAILURE OR INTERRUPTION.
6.	NO ACTION MAY BE BROUGHT BY ANY PERSON AGAINST THE QUEEN'S PRINTER FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY ANY REASON OR PURPOSE INCLUDING, WITHOUT LIMITATION, RELIANCE ON THE COMPLETENESS OF THE DATA OR THE FUNCTIONING OF QP LEGALEZE.
CHANGE OF TERMS
7.	The Queen's Printer may at any time, at its sole discretion, amend this Terms of Use Statement and, by publishing the amended terms and conditions on the web page used to enter the User IDs and Passwords, the Queen's Printer will be deemed to have given you notice of the amended terms and conditions.
JURISDICTION
8.	This Terms of Use Statement and your access to QP LegalEze will be governed by, and construed and interpreted in accordance with, the laws of the Province of British Columbia, Canada.

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