British Columbia Institute of Technology

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Vehicle Charging Station Software Terms of Use

By clicking the "I accept the BCIT Vehicle Charging Station Software Terms of Use" ("Terms of Use") or browsing, downloading, accessing or using theVehicle Charging Station Software (the "Software"), you ("You") accept and acknowledge, without limitation or qualification, that You have read, understood and agree to be bound by these Terms of Use, all applicable policies and laws, and any subsequent changes to the foregoing. If You do not agree with any of these Terms of Use, applicable policies and laws, or any subsequent changes to the foregoing, do not click "I accept the BCIT Vehicle Charging Station Software Terms of Use", browse, download, access or use the Software, or continue to browse, download, access or use the Software.

If You are browsing, downloading, accessing or using the Software on behalf of an organization or entity (the "Organization"), then You are agreeing to these Terms of Use on behalf of that Organization, You represent and warrant that You have the authority to bind the Organization to these Terms of Use, and the use of the word "You" or "Your" in these Terms of Use also includes the Organization.

IN CONSIDERATION of the covenants in these Terms of Use and subject to the terms and conditions set out in these Terms of Use, You agree as follows:

1License

.1You are hereby granted a, royalty-free, non-exclusive and worldwide licence to BCIT's rights solely to use and modify the Software for use with vehicle charging stations (the "License"). For clarity, the License does not grant you a right to make copies, sell or distribute the Software in its unmodified format.

.2You will at all times when exercising Your rights under the License, or accessing or using any portion of the Software:

a)identify the creator of the Software as BCIT;

b)to the extent BCIT shall append any copyright or ownership notices, logos or symbols to any Software or other intellectual property, You shall not delete or revise same or authorize or knowingly allow any third party to delete or revise same; and

c)provide notice that refers to these Terms of Use, in particular, the Disclaimer set out in Section 6;

.3in the event that You modify the Software (the "Modifications"), you will at all times:

a)indicate what Modifications You have made to the Software; and

b)in the event that You license the Modifications (the "Modifications License") to a third party licensee (the "Modifications Licensee"), that such Modifications License will substantially contain the terms and conditions in Sections 1.2, 1.3, 2, 3, 4, 5, 6, 7, 9.1 and 9.11 wherein "License" and "Terms of Use" in the foregoing sections will mean the Modifications License and "You" and "Your" in the foregoing sections will mean the Modifications Licensee.

2BCIT's Marks

.1You acknowledge and agree that You shall not use the name, logo, trade-mark, or any other identifying mark, or the names of any staff member of BCIT in any advertising or publicity material, or make any form of public representation, statement or communication that would constitute an express or implied endorsement by BCIT of any of You or Your products or services without obtaining the prior written approval of BCIT.

3Your Indemnity and Release

.1You will indemnify, hold harmless and defend, and hereby forever release and discharge, BCIT and BCIT's Board of Governors, directors, officers, employees, faculty, students, representatives and agents from and against any claims, suits, losses, damages, actions, causes of action, costs, fees and expenses (including actual legal fees and expenses) and liability of any kind and every nature that can or may arise, directly or indirectly, either before or after these Terms of Use ends, and whether asserted by third parties or otherwise, relating to or arising from the License or Software, excepting always that this indemnity does not apply to the extent, if any, to which the claims are caused by proven errors, omissions or the negligent acts of BCIT, its other contractors, assigns and authorized representatives.

4Limitation Of Liability

.1If, despite the disclaimers of liability contained in these Terms of Use, BCIT is held liable to You or any third party for any reason, BCIT's maximum liability will be $10.

5Insurance

6Disclaimer

.1You acknowledge and agree that the License and Software are licensed and provided to You "as is" and without any representations or warranties (express, implied or statutory) of any kind, that BCIT expressly disclaims all representations and warranties (express, implied or statutory), including those regarding operation, functionality, durability, merchantability, fitness for a particular purpose and non-infringement, or that the License or Software will meet Your needs, and that BCIT does not promise success in achieving any desired result. BCIT will not be liable for any loss or damage, whether direct, indirect, consequential, incidental, special, punitive or otherwise, arising from any defect, error or failure to perform under, or arising from or relating to these Terms of Use, the License, the Software, whether in negligence or otherwise, even if BCIT has been advised of the possibility of such damages.

.2You acknowledges and agree that: (a) BCIT has advised You to undertake, and You are solely responsible for undertaking, Your own due diligence and quality assurance with respect to all matters arising from or related to these Terms of Use, the License, and the Software; and (b) that You use, market, promote, sell and distribute any product, service or technology based on, incorporating or derived from the License or Software solely at Your own risk.

.3Nothing in these Terms of Use constitutes an express or implied representation or warranty by BCIT that You have or will have the freedom to operate or practice, or the freedom to make, have made, use, sell or otherwise dispose of or exploit, any product, service or technology based on, incorporating or derived from the License or Software.

7Dispute Resolution

.1If any dispute arises out of or relating to these Terms of Use at any time, You will attempt to resolve the dispute amicably through confidential good-faith discussions with BCIT.

.2If You and BCIT cannot resolve the dispute within 10 Business Days, or such longer period as the You and BCIT may agree in writing, then You will submit the dispute to be settled confidentially by a single neutral arbitrator under the Commercial Arbitration Act (British Columbia) and the rules of the British Columbia International Commercial Arbitration Centre. If You and BCIT cannot agree on an arbitrator within 10 Business Days after the dispute is referred to arbitration then the British Columbia International Commercial Arbitration Centre will appoint the single arbitrator. The arbitrator will apply the federal laws of Canada and the provincial laws of British Columbia. The arbitrator's decision will be binding upon You, and judgment on the decision may be entered in any court of competent jurisdiction. The arbitration hearing will be held in Burnaby, British Columbia and will be conducted in English. You and BCIT will share equally in the arbitrator's fees and expenses and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs in connection with the arbitration.

.3Notwithstanding the previous paragraph, BCIT may seek immediate injunctive relief if, in its reasonable opinion, such relief is necessary to protect its intellectual property or confidential information before initiating or completing the dispute resolution process described above.

8Notice

.1Any notice, direction request or other communication required or contemplated by any provision of these Terms of Use to BCIT will be given in writing and will be given by delivering or emailing BCIT as follows:

British Columbia Institute of Technology
Attention: BCIT Applied Research
3700 Willingdon Avenue
Burnaby, B.C., V5G 3H2

Email: research@bcit.ca

9General

.1Relationship. You and BCIT are independent contractors and nothing in these Terms of Use shall be construed as establishing an agency, partnership, or employment relationship between You and BCIT. You shall not have the authority to act on behalf of BCIT or to commit BCIT in any manner or cause whatsoever, or to use BCIT's name in any way not specifically authorized in these Terms of Use.

.2Persons Bound. These Terms of Use enures to the benefit of and is binding on You and Your respective successors and permitted assigns.

.3Waiver. A waiver of any term of these Terms of Use or of any breach of these Terms of Use is effective only if it is in writing and signed by BCIT and is not a waiver of any other term or any other breach.

.4Amendment. BCIT reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use at any time, effective with or without prior notice.

.5Entire Terms of Use. These Terms of Use constitutes the entire agreement between You and BCIT regarding its subject-matter and supersedes all prior agreements, understandings, negotiations and discussions between you and BCIT.

.6No Assignment. You will not assign any part of these Terms of Use or any of your rights under these Terms of Use without BCIT's prior written consent, and any purported assignment without such prior consent will be void.

.7Force Majeure. BCIT will not be held responsible for damages caused by delay or failure to perform its obligations under these Terms of Use to the extent caused by events or circumstances beyond BCIT's reasonable control, including acts of God, war, riot, embargoes, acts of government including civil or military authorities, export controls, catastrophe, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labour or material, or acts of public enemies.

.8Law and Jurisdiction. The laws of British Columbia, without giving effect to its conflict of law principles, govern these Terms of Use and all proceedings arising out of it, and You attorn to the exclusive jurisdiction of the British Columbia courts.

.9Severability. Any provision of these Terms of Use that is held to be invalid, illegal or unenforceable will be deleted from these Terms of Use and the remaining provisions will continue in full force and effect.

.10Time. Time is of the essence in these Terms of Use.

.11Freedom of Information and Protection of Privacy Act. BCIT is a public body subject to the British Columbia Freedom of Information and Protection of Privacy Act and that all information or materials supplied to BCIT by, or obtained or created by BCIT is subject to that legislation.



Open OCPP is our complete system for running an electric vehicle charging station ecosystem.