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.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
.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
.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
4Limitation Of Liability
.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.
British Columbia Institute of Technology
Attention: BCIT Applied Research
3700 Willingdon Avenue
Burnaby, B.C., V5G 3H2
.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.